Public Intoxication in New Mexico

Being drunk in public is not a crime in New Mexico. State policy is that intoxicated and incapacitated persons 'may not be subjected to criminal prosecution, but rather should be afforded protection' and treatment (§ 43-2-3), and no county, municipality or other political subdivision may adopt or enforce a local law that makes drinking, being a common drunkard or being found in an intoxicated condition an element of an offense carrying a criminal or civil penalty (§ 43-2-4; laws on DUI and on the sale, purchase or use of alcohol at stated times and places are not affected). Instead, an intoxicated person who, for example, is disorderly in a public place or unable to care for their own safety may be taken into protective custody at a treatment facility; this is not an arrest or a criminal record, and the person generally may not be held more than seventy-two hours without a court petition (§ 43-2-8). Disorderly conduct while intoxicated can still be charged under the disorderly conduct statute.

New Mexico's rule on court-appointed lawyers: Applicants apply to the Law Offices of the Public Defender and complete the Supreme Court-approved eligibility form, under oath. An applicant is presumed indigent if currently receiving listed public assistance (such as TANF, GA, SSI, SSDI, food stamps, Medicaid or public housing). Otherwise an applicant is indigent if available funds (household net income plus assets minus exceptional expenses) do not exceed one hundred fifty percent (150%) of the current federal poverty guidelines. A non-refundable $10.00 application fee is charged for each case (NMSA 1978, § 31-15-12); it may be waived if the fee would pose an exceptional hardship. An applicant found not indigent may appeal to the court within ten (10) days after being advised of the decision. NMSA 1978, §§ 31-15-7, 31-15-12; Form 9-403 NMRA

Lawyers set their own fees, and New Mexico has rules on how they may charge. See hiring a criminal defense lawyer in New Mexico for fee rules, how to check a lawyer's license and free help.

How release before trial works in New Mexico: Under Article II, Section 13 of the New Mexico Constitution (as amended in 2016) and Rule 5-401, a defendant eligible for pretrial release shall be released on personal recognizance or an unsecured appearance bond; the court may add non-monetary conditions but must impose the least restrictive conditions that reasonably ensure appearance and public safety. In setting conditions the court shall consider any available results of a Supreme Court-approved pretrial risk assessment instrument and the defendant's financial resources. A secured bond may be required only with written findings of particularized reasons; it must be set at the lowest amount necessary, the court shall not set a secured bond that a defendant cannot afford for the purpose of detaining a defendant otherwise eligible for release, and secured bond shall not be set by reference to a predetermined schedule of monetary amounts. A court of record may detain a felony defendant before trial if the prosecutor proves by clear and convincing evidence that the defendant poses a danger and no release conditions will reasonably ensure safety (detention motions follow Rule 5-409). In district court the release hearing must be held no later than three days after arrest if the defendant is held in the local detention center (five days otherwise), and a defendant still in custody 24 hours after the order because of inability to post bond or meet conditions is entitled to a review hearing within five days. N.M. Const. art. II, § 13; Rule 5-401 NMRA What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New Mexico expungement and record sealing rules.