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Home > How to Post Bail in New Mexico: 5 Things to Know

How to Post Bail in New Mexico: 5 Things to Know

What should you expect if you decide to sign a bail bond contract to get a friend or relative out of jail? You can handle virtually all of the details while your loved one is processed into jail. Before calling a bail bond agent in New Mexico, you must know the name and birth date of the arrested person, where they were arrested and the charge. There are preset bail schedules, so the bail bond agent can probably tell you the amount and explain the process. You must live in New Mexico, have a job and own or rent a home in the general area. Depending on your financial status, you may need to provide collateral. The bail bond agent will charge 10 percent of the total bail as a non-refundable premium. Remember, however, if your loved one misses a court hearing, you are responsible for the entire amount of the bail. Before reaching that point, here are 5 things you should know if you need bail in New Mexico

  1. 5 Ways to Get Out of Jail


Cash-only bond – This is different than a cash bond and is used by the court in cases in which there is doubt about whether the defendant will show up in court. Co-signers can participate, with the goal of having more people personally invested in whether the defendant shows up for all scheduled court hearings.

Cash bond – It’s possible for a defendant or co-signer to pay the entire amount of the bail in cash. This is most common with misdemeanors where the bail amounts are fairly low. No bail bond agent is involved so there is no 10 percent premium paid – one reason that defendants who can come up with the money choose this option.

Surety bond – What happens with a $15,000 bond – or a $150,000 bond? Few defendants or their families have that much cash to post. That’s when a bail bond company is involved. A surety bond is a contractual relationship between the defendant (and perhaps a co-signer), the bail bond company and the court. The defendant pays only 10 percent of the bail – a premium set by New Mexico law that cannot be changed – and the bail bond company guarantees the entire amount of the bail to the court.

ROR bail – In mostly misdemeanor cases, with defendants who have not committed a violent crime and have little or no criminal record, the court can order a release on recognizance. No bail is set and the defendant signs an agreement to show up for all court hearings. Hiring an experienced defense attorney can boost a defendant’s chances of ROR bail. A local attorney knows what situations are most likely approved by the courts, and offering stipulations such as drug testing or house arrest can increase the chances of ROR bail.

Property bond – This option is sometimes chosen with high bail amounts. One advantage is using a home or other property, once its value and ownership has been established, it is then possible for the defendant to spend what money he or she has on a lawyer.

       2. How to Get Bail

As described above, the process can be triggered by a phone call from the defendant to a family member – or directly to a bail bond company. A defendant with sufficient cash can simply wait until the booking procedure is completed and post a cash bond, which is often the fastest way to get out of jail after an arrest.

  1. What Will Bail Cost


If cash has been posted, there is no 10 percent premium charged and only court fees and costs will be subtracted from the amount paid. For surety bonds, state law dictates the premium bail bond companies can charge is 10 percent. That cannot vary. However, some companies may offer a payment plan, particularly for larger bail amounts. Additional costs come into play only if the defendant doesn’t show up for all scheduled court hearings.

  1. How Long Will I Stay in Jail


That can vary, depending on the crime involved and the time of the arrest. Misdemeanor crimes and some felonies have preset bail amounts. Court officials simply look up the amount on the bail schedule and there is no need for a bond hearing, which can add a full 24 hours to a defendant’s wait in jail to be released on bail. Other delays can occur if the arrest is late at night or on the weekend. For an arrest during working hours, a defendant could complete a bond contract with a bail bond agent and be released from jail in as little as 4 hours.

  1. What if I Miss a Court Appearance


There are two ways to violate a bail agreement – one is to refuse to follow stipulations put in place by the court (such as staying away from a victim) or missing a court appearance. That begins the forfeiture procedure. If a cash bail was used, the court will keep all of the money posted by the defendant or co-signer. With a surety bond, the court will seek the entire amount of the bail from the bail bond agent, who then will likely hire a bounty hunter to search for the defendant. If unsuccessful, the bail bond agent will seek the full amount of the bail from the defendant or co-signer, and seize and sell any collateral.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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How to Post Bail in New Mexico: 5 Things to Know

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