In New Mexico, a young person (juvenile) can be charged with the same crimes as an adult, but their case will usually be handled in a Children’s Court, not a regular adult criminal court. Instead of calling it a “criminal case,” these are referred to as “delinquent cases.”

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When the process begins, a juvenile’s case is sent to the Juvenile Probation Office, a “Preliminary Inquiry." This is a meeting between the probation officer, the juvenile, and their family.

 

During this meeting, they will:

1. Explain the charges against the juvenile.

2. Discuss the juvenile’s rights.

3. Allow the juvenile and their family to respond.

 

After this, the probation officer will decide whether to handle the case informally or send it to a Children’s Court attorney for further action.

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If the probation officer decides to handle the case informally, the juvenile may be required to do things like:

• Community service

• Pay restitution

• Participate in a victim-offender mediation program

• Write an apology letter

• Join a diversion program

• Go to counseling

• Complete an individualized plan made by everyone involved

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If the case is referred to the Children’s Court, the district attorney will file a Petition of Delinquency. This petition outlines the charges and tells the juvenile and their family how to get a lawyer.

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At the first court appearance, the juvenile can either:

• Accept a plea bargain

• Go to trial (called “adjudication”)

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The judge will also decide whether the juvenile can stay at home during the process or if they need to be detained. If the judge allows the juvenile to stay at home, they may have to follow certain rules, like:

• Curfew

• House arrest

• Attend school and counseling

• Avoid contact with victims or negative peers

• Drug testing

• A customized plan based on everyone’s input.

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A probation officer will be assigned to supervise the juvenile’s progress.

 In Dona Ana County, 97 percent of all juvenile cases a resolved by plea, and incarceration is rare.

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During the trial, the judge or a 6 panel jury will listen to all the evidence and decide whether the juvenile is guilty or not. If found not guilty, the case is dismissed. If found guilty, the case moves to the disposition phase, which may happen, in most cases, immediately or at a later date.

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If the juvenile is found guilty, the judge will decide on a consequence, which could include:

• Probation with conditions: Regular check-ins, counseling, community service, etc.

• Time Waiver: For minor offenses, the case may be dismissed if the juvenile stays out of trouble for six months.

• Consent Decree: Supervised probation for 6-12 months, after which the case is dismissed.

• Judgment/Probation: Formal probation for one year or until the juvenile turns 21.

• Judgment/Incarceration: Sent to a juvenile detention facility.

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If a juvenile is under 18. If they commit a crime, they’re typically judged in juvenile court, unless the crime is very serious. Juvenile courts aim to rehabilitate young offenders rather than punish them with jail time.

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Juveniles have most of the same rights as adults, but with a few differences:​

• No bail or public hearing

• Cases are closed, and records are sealed

• Juveniles can get a free attorney

• Juvenile records might be erased once they turn 18

Rulings for Juvenile Offenders

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If your child has been arrested, it’s important to get an attorney who specializes in juvenile cases. An experienced lawyer can help you understand the process, protect your child’s rights, and work to get them the rehabilitation they need.

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The main goals of juvenile justice are rehabilitation and reducing future offenses by using restorative justice methods. The First District in New Mexico typically uses a six-month consent decree or probation for cases. Intensive probation is also available for juveniles in this district.