Probable Cause Determination Form. This is a New Mexico form and can be use in Criminal Statewide.
Tags: Probable Cause Determination, 9-207A, New Mexico Statewide, Criminal
9-207A. Probable cause determination.[For use with District Court Rule 5-301 NMRA,Magistrate Court Rule 6-203 NMRA,Metropolitan Court Rule 7-203 NMRA, andMunicipal Court Rule 8-202 NMRA]STATE OF NEW MEXICO[COUNTY OF][CITY OF] COURT[STATE OF NEW MEXICO][COUNTY OF ][CITY OF ]v.No. , Defendant.PROBABLE CAUSE DETERMINATION(For use only if the defendanthas been arrested without a warrantand has not been released)Finding of Probable Cause[ ]I find that there is a written showing of probable cause to believe that a crime has beencommitted and that the above named defendant committed it.It is ordered that the defendant shall be released:[ ]on personal recognizance.[ ]on the conditions of release set forth in the release order.[ ]only upon entry of a release order after the defendant has appeared before a judge.Failure to Make Showing of Probable Cause[ ]I find that probable cause has not been shown that a crime has been committed and thatthe above named defendant committed it. It is ordered that the defendant be released onpersonal recognizance. [ ]A probable cause determination has not been made within forty-eight (48) hours of thedefendant222s arrest. It is ordered that the defendant be released on personal recognizance.JudgeDate American LegalNet, Inc. www.FormsWorkFlow.com TimeUSE NOTEA court should not dismiss the criminal complaint against the defendant merely becausethe court has found no probable cause for pretrial detention. If the court finds no probable cause,the only required action is the defendant222s immediate release from custody pending furtherproceedings. Unless the defendant has been released on personal recognizance, the amount of bail setand any conditions of release prescribed by a designee must also be reviewed.This form is not necessary if the finding of probable cause is endorsed by the judge on thecriminal complaint or on a statement of probable cause.[Approved effective September 1, 1990; as amended by Supreme Court Order No. 13-8300-042,effective for all cases pending or filed on or after December 31, 2013; as amended by SupremeCourt Order No. 17-8300-016, effective for all cases pending or filed on or after December 31,2017.] American LegalNet, Inc. www.FormsWorkFlow.com