Whenever a peace officer makes an arrest without warrant for a misdemeanor within magistrate trial jurisdiction, he shall take the arrested person to the nearest available magistrate court without unnecessary delay. In such cases, a complaint shall be filed forthwith by the peace officer and a copy given to the defendant at or before the time he is brought before the magistrate.
§ 35-5-1 NMSA 1978
Criminal actions; arrest followed by complaint
Applied in 2 court decisions — leading case Wilson v. Montano (2013)
Most recently applied in Webb v. Scott (March 2016)
1953 Comp., § 36-6-5, enacted by Laws 1968, ch. 62, § 76.
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.