Albuquerque, NM asked in Criminal Law for New Mexico

Q: How long do you have to serve do the code 31-21-15

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1 Lawyer Answer
Stephen Aarons
Stephen Aarons
  • Criminal Law Lawyer
  • Santa Fe, NM
  • Licensed in New Mexico

A: NMSA 31-21-15 deals with probation violations. If the judge finds by clear and convincing evidence that the probationer did violate the terms of his probation, the judge may decide not to impose additional time and release the defendant on time served. If the violation is serious, the judge may impose the entire sentence from the original conviction less whatever time has already been spent in jail, prison or probation. So if the original sentence was five years in prison with four years suspended and the defendant serves one year in jail and another year on probation, the judge may sentence up to 3 years, the time remaining under the original sentence. The judge usually has a wide latitude of discretion, in this example from zero to three years. It is impossible to say what the judge will do between the two extremes. Your lawyer will better explain based on all of the facts but no one knows until the judge announces the new sentence in court.

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