Dallas, TX asked in Criminal Law for New Mexico

Q: Is there a statue of limitations on probation violations in New Mexico.

If someone violates their probation, and it's not caught until after the probation period is over can they court issue a warrant or is there a statue of limitation on that?

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1 Lawyer Answer
Marc Grano
PREMIUM
Marc Grano
Answered
  • Criminal Law Lawyer
  • Las Vegas, NM
  • Licensed in New Mexico

A: I would recommend that you talk directly to an attorney who can review and assess the specifics of the case. I will offer a very generic answer given the following assumed facts:

1. In New Mexico State court

2. The probationer is an adult

3. The probationary period expired PRIOR to the court issuing a bench warrant

Assuming the above facts, the court would not have jurisdiction to issue the bench warrant after the probationary period has expired. Once again, you would need to consult with an attorney and have him or her file the necessary motion(s). Good luck

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