Farmington, NM asked in Criminal Law for New Mexico

Q: My boyfriend was just arrested in new mexico on a Minnesota probation violation warrant. Can he serve the time in N.M?

We're waiting to see if be picked up extra charges in new mexico during the arrest. I would like to know either with or without new charges if he can serve the time in new mexico instead of being extradited. And/ or if he can do his probation in new mexico

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2 Lawyer Answers
Stephen Aarons
Stephen Aarons
Answered
  • Criminal Law Lawyer
  • Santa Fe, NM
  • Licensed in New Mexico

A: No. He will be extradited back to Minnesota and serve his time there.

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

A: As far as serving probation out of Minnesota in New Mexico? No.

Transferring supervision of probation to another state is is something that must be brought up with your Minnesota probation officer, if your boyfriend is placed back on probation. There are rules regarding supervision of out of state probationers upon meeting certain criteria and acceptance of the supervision.

The State of Minnesota will have to decide if they are willing to pay the time and money to extradite your boyfriend from New Mexico. New Mexico will extradite a defendant if there is an open warrant, the other state requests it and will pay for it. The State of New Mexico has deadlines in which another state must pick up an individual awaiting extradition.

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