Public-domain · open source
OpenJurist

§ 31-16-2 NMSA 1978

Definitions

Known as the Indigent Defense Act

The act spans §§ 31–31 (10 sections).

Applied in 2 court decisions — leading case Ake v. Oklahoma (1985)

Most recently applied in Alabama v. Shelton (May 2002)

1953 Comp., § 41-22-2, enacted by Laws 1968, ch. 69, § 59; 1973, ch. 210, § 1.

As used in the Indigent Defense Act:

A. "detain" means to have in custody or otherwise deprive of freedom of action;

B. "expenses", when used with reference to representation, includes the expenses of investigation, other preparation and trial;

C. "needy person" means a person who, at the time his need is determined by the court, is unable, without undue hardship, to provide for all or a part of the expenses of legal representation from available present income and assets; and

D. "serious crime" includes a felony and any misdemeanor or offense which carries a possible penalty of confinement for more than six months.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.