The Benefits of LR3-303

 
A local rule in Dona Ana County is a significant benefit to those accused of crimes. Rule LR3-303 is a crucial rule governing pretrial detention and time limits for criminal cases, particularly related to the speedy trial process. This rule has been a significant benefit to the defense bar by causing many cases to be dismissed by the Court early in criminal proceedings by the prosecution's failure to comply with the rule

Key Provisions of LR3-303
1.    Speedy Trial Deadlines: The rule outlines the maximum time limits within which a criminal case must go to trial. Generally, the time limit is six months from the date a defendant is formally charged or arrested. 

2.    Exclusions from the Time Limits: LR3-303 includes certain exclusions from the time calculation, such as:
•    Time when the defendant’s actions delay the proceedings (e.g., motions filed by the defendant, delays caused by the defense).
•    Time for pretrial motions, hearings, or other procedural delays.

3.    If the court deems it necessary due to complexity or other legitimate reasons, the time limits can be extended in some circumstances, but such extensions must be justified and recorded.

4.    If the prosecution fails to bring a case to trial within the required time limits, the case almost always will be dismissed, but may be refiled at a later date. 

The introduction of LR3-303 has had a significant impact on the way criminal prosecutions are managed in New Mexico. The rule puts
increased Pressure on Prosecutors: Prosecutors must be diligent about moving cases forward to meet the established time limits. If a case goes past the time limits without good cause, it can be dismissed. 

Since LR3-303 was enacted, a noticeable trend has emerged where many criminal cases have been dismissed due to failure to meet the time limits. The rule's strict deadlines and the consequences of non-compliance (dismissal with prejudice) have led to the dismissal of cases for several reasons.