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Sliding Scales of Due Process in New Mexico Probation Violation Hearings

May 5, 2011, by Collins & Collins, P.C.

The New Mexico Supreme Court case of State v. Guthrie addresses the rights of defendants in probation violation hearings to due process and confrontation of the State‘s witnesses. The court determined that the rights of probationers in probation violation hearings were measured on a “sliding scale with extremes at either end and much balancing and […]

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You Can Run but …: Tolling of Probation and Jurisdiction in New Mexico Criminal Cases

February 16, 2011, by Collins & Collins, P.C.

Under New Mexico law, the courts maintain jurisdiction over criminal cases for the duration of the probationary period. It was made clear in the New Mexico Court of Appeals case of State v. Jose Alfredo Ordunez that once the probationary period has lapsed, the court loses jurisdiction over the defendant. The Ordunez case held that […]

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