NEW MEXICO JUVENILE COURT ATTORNEY

Juvenile Court Jurisdiction

Jurisdiction over persons less than 18 years old when alleged crime was committed. ( 32A-1-4; 32A-2-3; 32A-1-8).

It appears that any juvenile 15+ and accused of first degree murder, defined as a serious youthful offender, falls outside the jurisdiction of the juvenile court. It is absolutely clear that such a juvenile must be sentenced as an adult, not entirely clear if the case would be tried in adult or juvenile court. (See, 32A-2-3(H).

No transfer or direct file provisions; however, prosecutor may move to have certain juveniles classified as a youthful offender. A youthful offender is subject to sentencing by the juvenile court as either a juvenile or as an adult. (32A-2-20). Youthful offender is defined as juvenile 14 to 18 at time of offense and accused of a serious violent felony listed at 32A-2-3(I)(1)(a)-(m); or a juvenile 14 to 18 at time of offense and accused of any felony after three prior felony convictions within the past three years; or, a juvenile 14 years old at time of offense and accused of first degree murder. ( 32A-2-3(I)). Where juvenile is adjudicated as a youthful offender, court must make specific findings, listed at 32A-2-20(B)(1)-(8), on record if an adult sentence is imposed.

Other New Mexico State Statutes

• Notice of Appeal

• Effects of a Drunk Driving Charge on Driver's License

• Statutory Rape Limitations

• Juvenile Court Jurisdiction

• Expungement

 

Contact a Juvenile Court Attorney in New Mexico