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Section 31-3-9 — a fourth degree felony on a felony release, a petty misdemeanor on a misdemeanor one

A person released pending a criminal proceeding, an appeal or a probation revocation who willfully fails to appear as required is guilty of a fourth degree felony if the release was in a felony proceeding, and a petty misdemeanor if it was in a misdemeanor or petty misdemeanor proceeding.

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Who handles this in New Mexico: New Mexico Courts HelpLine and Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

Sources for this section (1)
  1. NMSA 1978, § 31-3-9 — Failure to appear; penalty

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.

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