The issue of criminal actions and the inclusion of this data in the court dockets are dealt with in the New Mexico Penal Code 31-1-4. The section states that upon the filing of a criminal complaint, the document is sent to the clerk of court for including in the database of the court dockets. Once the complaint has been docketed, the magistrate may issue a summons or an arrest warrant in response to the affidavit.
If an arrest warrant is issued in a criminal case, this order will be directed to an officer of the law and it will be issued in the name of the defendant. The peace officer in charge of executing the active warrant is expected to apprehend the alleged offender at the earliest possible opportunity and bring him before the magistrate without delay.
Because a New Mexico outstanding warrant is a judicial order, the sheriff's office has to obey this directive for arrests. Unlike in other states, arrest warrants are issued by the clerk of court under the authority of the sitting magistrate. Upon execution, all warrants are returned to the issuing authority office or to the clerk of court and a note of this is made in the court records.
Warrants issued in response to criminal actions filed in a municipal court which are primarily complaints against civic ordinances are limited to the issuing county. However, those arrest orders which are issued in felonies and class A and B misdemeanors can be served in any county of the state. In fact, a pending arrest directive which is known as an outstanding warrant can be executed even outside the state.
Following arrests, the person who is detained is given a reasonable opportunity to get in touch with his friends and family and to seek legal assistance by making three phone calls. This privilege is afforded to the detainee within 20 minutes of being taken to the police station or any other holding facility.
The accused will also have to be taken to court to seek release on bail without unreasonable delay. The sheriff's office that has the custody of the offender will notify the district attorney of the name of the arrestee and the offense that he is being held under within 18 hours of effecting the arrest.
Although seeking an active warrant is the preferred course of action for cops, depending on the specific circumstances of arrest, it is not always mandatory to get a warrant to detain an accused. For instance, if a crime, whether it is misdemeanor or a felony, has been committed and an officer is a witness to this violation, the perpetrator can be arrested immediately.
Also, if police officers have reason to believe based on probable cause that a felony was committed by a person, they can pursue him even if it means going beyond county lines without a warrant in hand. A law enforcement agent from any other geographic division of the country can serve an active warrant if he knows about its issuance. The officer need not have the warrant on his person while making the arrest.
The term crime history information refers to data on active and outstanding warrants, arrest records and conviction details. However, these details are not offered for public consumption in the state of New Mexico. In fact, if you were to visit the official website of the New Mexico Department of Public Safety, you will find that they only offer crime history checks to government agencies and authorized employers.
You can, however, seek your own background report by visiting their web portal at http://www.dps.nm.org/lawEnforcement/records.php. You will have to pay a $12 fee for the report ands before your request is entertained, you will need to offer personal details by filling the form available at http://www.dps.nm.org/lawEnforcement/docs/Authorization%20for%20Releaseof%20Info%20Frm.pdf. This is an authorization form that can also be used by employers seeking a background report on prospective employees.
The website of the NMDPS also offers a list of the state's most wanted and access to the sex offender registry. This is the only information that civilians can access on third parties. Because of the restrictive rules of the state, you won't be able to find details on the criminal background of a third party through any justice agency.
Although for a warrant search, you will need to rely on private information vendors, you can get details on arrest records from New Mexico by visiting the website of the Department of Corrections at http://corrections.state.nm.us/offenders/search.php. Unfortunately, at this point, there is no facility to access information on search warrants issued against a suspect; however, if you are allowed to conduct a warrant search, you will be able to find details on bench warrants as well through this process.