Juvenile Matters
Juvenile prosecution in New Mexico is governed by the Children’s Code, emphasizing rehabilitation over punishment. But recent legislative activity suggests that the Juvenile process is going to be stricter and more punitive shortly. While serving as a State Prosecutor, I was appointed trial prosecutor for all Juvenile matters
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Individuals under 18 are typically adjudicated in the Children’s Court for alleged delinquent acts, which are equivalent to crimes in adult court. These proceedings are handled by judges, and trials can be adjudicated by a panel of six jurors or by the judge.
Juveniles may also be tried as adults where they are accused of committing serious enumerated crimes (murder, etc.).
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The prosecution of Juveniles takes place under accelerated time limits, and an incinerated Juvenile must be tried within 30 days of arrest unless a waiver of time is submitted by the defense. Children face up to two years' incarceration as a maximum in most cases. In more serious cases, children may be incarcerated until they reach the age of 21. Almost 95 percent of all juvenile cases are settled through plea agreements approved by the Juvenile Probation and offered by the prosecutor.
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The Juvenile Probation Office (JPO) is directly involved in all matters related to the children they supervise. They are the most relevant individuals who decide the fate of the child. The Court always looks to JPO for recommendations in all matters concerning the Juvenile.
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For more detailed information, please read "The Juvenile Criminal System."