How Do I

Criminal

The Magistrate Court ordered me to get an Ignition Interlock Device but I can’t afford it. How do I get help paying for it?

Go to the Magistrate Court that ordered you to get the device. The clerk at that court will be able to tell you what you can do. The District Court cannot help you.

The District Court ordered me to get an Ignition Interlock Device but I can’t afford it. How do I get help paying for it?

If you are on probation or parole, your probation/parole officer can assist you, according to the statute NMSA 1978 §66-8-102.3 (C). You may have to tell your probation/parole officer about this statute. Click here to print a copy of the statute. If you want the District Court to decide whether you are eligible to receive financial assistance, you must file an Application For Interlock Device Fund Subsidy in your criminal case. This form will ask you to list your income, dependents and expenses.

How do I get my driver’s license back?

My driver’s license was revoked because of DWI convictions but the revocation period is over. How do I get my driver’s license back?

A step-by-step guide and forms to file for the restoration of your driving privileges are available online at http://www.mvd.newmexico.gov.
Currently, access the drop-down menu entitled “Drivers.” From there, choose “Driver Forms.” Print out the “Driver License Restoration Packet” from the list.

Will a public defender be appointed to my case?

A Public Defender may be appointed to represent a defendant in a criminal case if certain criteria are met, such as income.

When and how do I get my bond money back?

Cash bonds may be returned to the individual who posted the bond after the defendant has appeared at all required hearings. The person who posted the bond must file both a Motion and an Order with the Court to release bond monies. Once the Order has been approved, the Court Financial Department will process the bond refund.

How do I get my driver's license restored?

The clerk's office can provide a copy of the driver's license restoration packet. There will be a per page copy charge for the documents and a filing fee in accordance with the current Court fee schedule. The Judge's office will schedule a hearing, and the Judge will determine if restoration will be granted.

I was applying for a job and a criminal record search was done. My juvenile record came up. Aren’t these automatically sealed?

In New Mexico there is a process whereby juvenile delinquency records are to be sealed if you had no new allegations of delinquency. However, due to the backlog in dealing with these records, you should petition the Court to have the records sealed just to be sure. Records can be sealed only if two years have elapsed from the time you were released from probation or your case was otherwise disposed of.

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