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?

Related Topics:
1 Lawyer Answer
Marc Grano
Marc Grano
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.