A Citation Instead of Jail
Section 31-1-6 — a citation for a petty misdemeanor, with at least three days before the date to appear
An officer who arrests a person without a warrant for a petty misdemeanor, or for an offense under Chapter 17, the wildlife and outdoor recreation laws, may offer the person a citation to appear instead of taking them to jail. For a misdemeanor under the criminal code, the liquor laws or other New Mexico law, an officer may use the uniform traffic citation the same way.
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- The citation carries the person's name and address, the offense charged, and the time and place to appear.
- Unless the person asks for an earlier date, the time to appear is at least three days after the citation is issued.
- The officer explains the person's rights not to sign, and what signing, not signing and failing to appear each mean.
- The person's signature is a promise to appear, and the person gets a physical copy.
Not appearing at the time and place on a signed citation is a petty misdemeanor, whatever becomes of the offense the citation was for. An appearance by counsel can meet the written promise to appear.
Sources for this section (2)
- NMSA 1978, § 31-1-6 — Citation in lieu of arrest without a warrant
- NMSA 1978, § 66-8-123 — Conduct of arresting officer; notices by citation
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.