Time Limits

Time limits for bringing your case to trial

From the date of your arraignment, the State is required to bring your case to trial within six months. In many cases, the Court will seek an extension of time to do so. The prosecution may obtain a 90-day extension from the judge hearing your case, upon good cause shown. “Good cause,” has traditionally been interpreted by the Courts in a very liberal fashion, and almost as a matter of course the Courts will grant an initial extension in your case. After the first extension, the prosecutor is required to obtain an extension of time from the New Mexico Supreme Court. Again, in complex cases, it is not uncommon that the Supreme Court will grant numerous extensions for the State to prepare its case. After nine months have passed from your arraignment, however, your right to a speedy trial may automatically be implicated.

Statutes of Limitation

The State has certain time limits, called Statutes of Limitations, that must be adhered to when prosecuting certain crimes. Below is a list of certain categories of felony crimes and their Statutes of Limitations:

A. for a second degree felony, within six years from the time the crime was committed;

B. for a third or fourth degree felony, within five years from the time the crime was committed;

C. for a misdemeanor, within two years from the time the crime was committed;

D. for a petty misdemeanor, within one year from the time the crime was committed;

E. for any crime against or violation of the revenue laws of this state of Section 51-1-38 NMSA 1978, within three years from the time the crime was committed;

F. for any crime not contained in the Criminal Code [30-1-1 NMSA 1978], or where a limitation is not otherwise provided for, within three years from the time the crime was committed; and

G. for a capital felony or a first degree violent felony, no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime.