Overview

Keyword Index

SECTION 1.1
JURISDICTION; TIME LIMITS

1.1-1 Jurisdiction
A. General
B. Jurisdiction: Monetary Limit
C. Subject-Matter Jurisdiction: Exclusions
D. Subject-Matter Jurisdiction: Kinds of Actions
E. Territorial Jurisdiction
F. Venue of Actions
G. Personal Jurisdiction
H. Indian Jurisdiction

1.1-2 Time Limits for Bringing Actions
A. Computation of Time Limits
B. Time Limits in General
C. Other Time Limits
D. Determination That Time Limit Has Passed

SECTION 1.2
CIVIL PROCEDURE BEFORE TRIAL

1.2-1 Complaint
A. Filing of Complaint and Docketing of Action
B. Other Matters Related to Complaint

1.2-2 Summons
A. Purpose
B. Issuance
C. Service of Process - General
D. Service of Process - Methods of Service
E. Service by Mail
F. Who May Serve
G. Proof of Service of Process; Return

1.2-3 Answer, Counterclaim, Third-Party Complaint
A. General
B. Counterclaim or Setoff
C. Third-Party Complaint
D. Interpleader
E. Filing of Answer
F. Jury Demand by Defendant
G. Clarifying or Amending Complaint or Answer
H. Service of the Answer
I. Defenses
J. Default

1.2-4 Pleadings and Motions
A. Service and Filing of Papers
B. Pleadings
C. Motions
D. Motion for Judgment on the Pleadings
E. Motion for Summary Judgment

1.2-5 Parties
A. Who may Sue; Real Party in Interest
B. Minors and Incapacitated Persons
C. Death or Incapacity; Transfer of Interest
D. Joinder of Parties
E. Pro Se and Attorney Appearance
F. Other Authorized Appearances
G. Attorney Appearance
H. Withdrawal or Attorney Failure to Act

1.2-6 Dismissal
A. Definitions; General
B. Voluntary Dismissal Without Court Order
C. Voluntary Dismissal By Court Order
D. Involuntary Dismissal By Court Order
E. Counterclaims, Cross-Claims
and Third-Party Claims
F. Costs of Previously Dismissed Action
G. Filing; Service

1.2-7 Other Preliminary Matters
A. Discovery
B. Pretrial Conference
C. Notice of Trial
D. Recording of Trial
E. Appointment of Special Master, Arbitrator or Metropolitan Court Judge Pro Tempore

1.2-8 Joint and Separate Trials
A. Reasons
B. Motions; Order

SECTION 1.3
JUDGMENT; ENFORCEMENT; APPEAL

1.3-1 Judgment
A. Definition
B. Entry of Judgment
C. Multiple Claims or Multiple Parties
D. Damages
E. Interest to Date
F. Costs to be Reimbursed (Taxing Costs)
G. Satisfaction of Judgment
H. Relief from Judgment: Clerical Mistake
I. Relief from Judgment: Void Judgment

1.3-2 Default Judgment
A. Definition; Types
B. Entry of Default Judgment
C. Motion to Set Aside Default Judgment
D. Multiple Parties

1.3-3 Reserved

1.3-4 Determination of Judgment Debtor's Assets
A. Judgment Debtor Examination
B. Deposition

1.3-5 Appeal
A. Right of Appeal
B. Notice of Appeal
C. Record on Appeal
D. Stay of Proceedings to Enforce Judgment
E. Review and Remand

SECTION 1.4
EXECUTIONS AND GARNISHMENTS

1.4-1 Executions of Judgments
A. Definitions; General
B. Writ of Execution
C. Exemptions
D. Claim of Exemption for Satisfaction of Separate and Community Debts
E. Transcript of Judgment
F. Levy and Sheriff's Sale
G. Renewal of Execution
H. Examinations and Depositions to Aid Execution

1.4-2 Garnishment
A. Definitions; General
B. Types of Garnishment
C. Garnishment in Advance of Execution
D. Garnishment in Aid of Execution of Judgment
E. Garnishment in Aid of Execution of Judgment Entered in Another Court
F. Default Judgment Against Garnishee
G. Release of Garnishment
H. Miscellaneous
I. Appeals on Rulings on Claims of Exemptions

SECTION 1.5
SPECIAL PROCEEDINGS

1.5-1 Attachment
A. Definition
B. Constitutionality
C. Procedures
D. Attachment Service Response
E. Dissolution of Attachment
F. Exemptions from Attachmen
G. Appeals in Attachment

1.5-2 Replevin
A. Definition
B. Complaint; Limits
C. Judgment; Execution

1.5-3 Forcible Entry or Unlawful Detainer
A. Procedure; Complaint
B. Judgment
C. Execution
D. Appeal

1.5-4 Bankruptcy
A. Overview of the Bankruptcy Process
B. Effect of Bankruptcy on Civil Court Cases
C. Effect of Bankruptcy on Criminal Court Cases
D. Effect of Bankruptcy on Collection of Criminal Fees and Fines

SECTION 1.6
LANDLORD-TENANT PROCEEDINGS

1.6-1 Uniform Owner-Resident Relations Act
A. Important Note
B. Coverage; Application of Act
Chart: Obligations of Owner and Resident Under Owner-Resident Relations Act
C. Obligations of the Owner Under the Act
D. Obligations of the Resident Under the Act
E. Types of Actions Allowed Under the Act
Chart Owner Resident Relations Act
Causes of Action
F. Notice
G. Termination of Rental Agreements and Abatement of Rent
H. Actions for Possession
I. Actions for Damages
J. Petition by Owner for Restitution; Petition by Resident for Relief; Summons
K. Judgment; Writ of Restitution
L. Actions for Counterclaim
M. Appeal in Actions for Possession
N. Deposits
O. Disposition of Property Left on Premises

1.6-2 Mobile Home Act
A. Application of Act
B. Conflicts of Law
C. Obligations of Owner
D. Obligations of Tenant
E. Tenancy Requirements, Rental Agreements
F. Termination of Tenancy
G. Action for Termination/Forcible Entry/Detainer
H. Security Agreements/Deposits
I. Alternative Dispute Resolution
J. Conflicts of Law/Mediation

CRIMINAL CHAPTER

SECTION 2.1
MISDEMEANORS: GENERAL; PROCEDURES BEFORE TRIAL

2.1-1 General
A. Definitions
B. Jurisdiction
C. Venue
D. Time Limitations
E. Determination of Present Competency

2.1-2 Complaint; Summons; Arrest Warrant
A. Filing Complaint and Docketing of Action
B. Criminal Summons
C. Arrest without a Warrant
D. Preliminary Rights
E. Probable Cause Determination
F. Detention Hearing for Children
G. Arrest Warrant

2.1-3 Arraignment
A. Definition; General
B. Juveniles in the Magistrate and
Metropolitan Courts
C. Explanation of Rights
D. Representation by Counsel
E. Entry of Plea

2.1-4 Joint and Separate Trials
A. Joinder of Offenses
B. Joinder of Defendants
C. Consolidation
D. Severance; Separate Trials

2.1-5 Jury Trial
A. Right to Jury Trial
B. Exercise or Waiver of the Right to Jury

2.1-6 Dismissal
A. Definitions; General
B. Voluntary Dismissal by Prosecution
C. Dismissal for Failure to Prosecute
D. Refiled Complaints in Metropolitan Court

2.1-7 Sentencing Options
A. Deferral, Suspension and Probation

2.1-8 Other Preliminary Matters
A. Subpoenas
B. Discovery
C. Pretrial Conference
D. Motions
E. Recording of Trial
F. Service and Filing by Facsimile
G. Service and Filing by Electronic Transmission

SECTION 2.2
FELONIES

2.2-1 General
A. Definition
B. Authority of Court

2.2-2 Complaint and Arrest Warrant
A. Filing Complaint and Docketing of Action
B. Issuance of Arrest Warrant
C. Arrest and Return
D. Arrest Followed by Complaint
E. Amendment of Complaints

2.2-3 First Appearance
A. Definition; General
B. Explanation of Rights
C. Representation by Counsel
D. Determination of Indigency
E. Release; Bail
F. Explanation of Preliminary Examination and Grand Jury Indictment Process
G. Dialogue for First Appearance

2.2-4 Fugitive Actions
A. Fugitive Complaint
B. Arraignment and Commitment Hearing
C. Transfer of Actions

SECTION 2.3
MISDEMEANORS: JUDGMENT; SENTENCE; APPEAL

2.3-1 General
A. Judgment and Sentence; Written Orders
B. Right to Appeal

2.3-2 Sentencing
A. Pre-Sentence Report
B. Sentencing Options
C. Sentencing for Hate Crimes
D. Terms and Conditions of a Deferred or Suspended Sentence: Probation
E. Successful Completion of or Violation and Revocation of Probation

2.3-3 Court Costs and Fines
Payment of Court Costs and Fines

2.3-4 Appeal
A. Right, Notice and Docketing of Appeal
B. Transcript of Proceedings
C. Conditions of Release
D. Disposition; Time Limitations

SECTION 2.4
GAME AND FISH VIOLATIONS

2.4 Game and Fish Violations
A. Jurisdiction; Penalties
B. Arrest; Search Warrants; Citations
C. Prosecution

SECTION 2.5
SEARCH AND SEIZURE

2.5-1 Search Warrants
A. General
B. Sufficiency of Affidavit; Probable Cause

2.5-2 Searches Without Warrants
A. General
B. Searches of Persons and Places
C. Searches of Motor Vehicles

2.5-3 Motion to Suppress
A. General
B. Who May File Motion
C. Grounds for Suppression

2.5-4 Gambling: Search and Seizure
A. Affidavit
B. Search Warrant
C. Execution: Arrest

2.5-5 Inspection Orders
A. Administrative Inspection; Defined
B. Application for Inspectorial Search Order
C. Probable Cause for Issuance of Inspection Order
D. Exceptions to Requirement for Inspection Order

SECTION 2.6
RELEASE; BAIL

2.6-1 General
A. Right to Release; Purpose of Conditions
B. Factors to be Considered Prior to
Setting Conditions of Release
C. Conditions of Release to Assure Orderly Administration of Justice
D. Release Proceedings
E. Release Forms
F. Failure to Comply with Conditions of Release
G. Failure to Appear
H. Forfeiture of bail -- exoneration
I. Misdemeanors: Continuation and
Review of Release

2.6-2 Personal Recognizance and Bonds
A. Personal Recognizance
B. Bonds; General
C. Unsecured Appearance Bond
D. Appearance Bond: Cash Deposit.
E. Appearance Bond: 100 Percent Cash Deposit
F. Bail Bond
G. Bail Bond: Discharge of Surety
H. Bonds: Forfeiture

GENERAL CIVIL & CRIMINAL CHAPTER

SECTION 3.1
SUBPOENAS

3.1 Subpoenas
A. General
B. Issuance; General Rules
C. Service of Subpoena
D. Motion to Quash Subpoena
E. Failure of Appear

SECTION 3.2
JURY SELECTION AND TRIALS

3.2-1 Calling of Prospective Jurors
A. General
B. Request for Qualified Jurors
C. Excusing
D. Jury Costs

3.2-2 Trials General

3.2-3 Calling the Cause
A. Start of Trial
B. Readiness to Proceed with Trial
C. Motion to Quash Jury Array
Appendix
UJI Civil 13-106 7
UJI Criminal 14-101 10

3.2-4 Selection of Jury
A. Calling Jurors
B. Voir Dire: General
C. Challenges for Cause
D. Drawing Names
E. Peremptory Challenges
F. Additional Jurors
G. General
Appendix
   Voir Dire Instructions in Civil Cases
   Voir Dire Instructions in Criminal Cases

3.2-5 Oath to Jurors; Preliminary Instructions
A. Oath
B. Preliminary Instructions
C. Opening statement -- UJI Civil 13-108
Appendix
   Preliminary Instructions in Civil Cases
   Preliminary Instructions in Criminal Cases

3.2-6 Witness Oath; Exclusion Rules; Opening Statements
A. Witness Oath
B. Exclusion Rule
C. Opening Statements

3.2-7 Presentation of Evidence
A. Order of Presentation
B. Witnesses: Testimony
C. Defendant as Witness
D. Introduction of Documentary Evidence and Other Things
E. Objections
F. Confessions

3.2-8 Rules of Evidence
A. Overview
B. Application of the Rules of Evidence
C. Construction of the Rules of Evidence
D. General Principles of Evidence
E. Relevancy
F. Evidence on Specific Topics
G. Witness Testimony
H. Hearsay
I. Privileges

3.2-9 Instructions to Jury
A. General
B. Instructions in Criminal Cases
C. Instructions in Civil Cases
D. Requested Instructions

3.2-10 Closing Arguments
A. Definition
B. Order of Presentation

3.2-11 Jury Deliberation; Verdict; Trial by Court
A. Deliberation
B. Procedure When Jury Reaches Verdict
C. Failure of Jury to Reach Verdict
D. Trial by Court: Nonjury Trials

3.2-12 Motions for Directed Verdict or Dismissal During Trial
A. Motion for Directed Verdict
B. Motions for Dismissal

3.2-13 Motion for New Trial

3.2-14 Preservation and Disposition of Exhibits
A. Preservation
B. Return to Court for Appeal
C. Final Disposition

SECTION 3.3
BENCH WARRANT

3.3 Bench Warrant
A. General
B. Issuance
C. Execution; Return
D. Grounds for Issuing Bench Warrant

SECTION 3.4
CONTEMPT

3.4 Contempt
A. General; Definitions
B. Direct Contempt
C. Indirect Contempt
D. Notice
E. Hearing
F. Punishment; Appeal

SECTION 3.5
EXCUSAL, RECUSAL, INABILITY TO PROCEED

3.5-1 Excusal, Recusal, Inability to Proceed
A. Excusal
B. Recusal
C. Inability of a Judge to Proceed
D. Procedure for Replacing a Judge Upon Excusal or Recusal - Magistrate Court
E. Procedure for Replacing a Judge Upon Excusal or Recusal - Metropolitan Court

3.5-2 Recording of Proceedings
A. Record
B. Broadcasting and Photographs

SECTION 3.6
EFFECTIVE DATES OF STATUTES AND COURT RULES

3.6 Effective Dates of Statute and Court Rules
A. General
B. Exceptions

2.1-2 Complaint; Summons; Arrest Warrant

A. Filing Complaint and Docketing of Action (Magis. Ct. R. 6 201; Metro. Ct. R. 7 201; Criminal Form 9 201 (Criminal Complaint))

1. The criminal complaint, criminal citation, or uniform traffic citation is the basis for:

   a. issuing a criminal summons or arrest warrant; and

   b. beginning a criminal action against the defendant. Sections 31-1-6 (criminal citations) and 66-8-131 (allowing traffic citations to serve as complaint).

2. The criminal complaint or uniform traffic citation is normally filed by a law enforcement officer or the district attorney; a private citizen may also file a criminal complaint. Magis. Ct. R. 6-108; Metro. Ct. R. 7-108. When a uniform traffic citation is issued by a police officer, the officer delivers a copy of the citation to the alleged offender. The citation copy directs the alleged offender to appear in court at a certain date and time. The citation copy thus serves as a summons. Magis. Ct. R. 6-201; Metro. Ct. R. 7-201; see also §66-8-131.
3. The procedures for filing the criminal complaint or uniform traffic citation and docketing the action are the same in all criminal actions.
4. If the defendant is arrested without a warrant, a copy of the complaint is give to the defendant prior to transferring the defendant to the custody of a detention facility. Magis. Ct. R. 6-201; Metro. Ct. R. 7-201. If circumstances justify, the complaint may be placed with the defendant's personal belongings. There is no requirement that the complaint be sworn before a notary or judicial officer prior to being given to the defendant. See State Trans. Dept. Motor Veh. Div. v. Yazzie, 112 N.M. 615 (Ct. App. 1991).
5. Any person filing a complaint in a criminal action in the magistrate court must pay in advance the costs that magistrates are required by law to collect. However, no costs can be collected from:

   a. a person filing a complaint in a criminal action alleging domestic violence;

   b. a campus security officer;

   c. a municipal police officer;

   d. an Indian tribal or pueblo enforcement officer; or

   e. a full-time, salaried county or state law enforcement officer filing a complaint. Section 35-6-3(B).

6. Also, an alleged victim of an offense listed below cannot be charged costs for filing a criminal charge against an alleged perpetrator of the offense, for issuance or service of a warrant, for issuance or service of a witness subpoena, or for issuance or service of a protection order. Section 30-1-15. This applies to alleged victims of:

   a. domestic abuse as defined in §40-13-2;

   b. sexual offenses as defined in §§30-9-11 through -14 and 30-9-14.3;

   c. crimes against household members as defined in §§30-3-12 through -16;

   d. harassment, stalking and aggravated stalking as defined in §§30-3-2 through 30-3A-3.1; and

   e. the violation of an order of protection as defined in §40-13-6(E).

B. Criminal Summons

1. The judge may issue a criminal summons in non-felony criminal actions within the court's jurisdiction.
2. The criminal summons orders the defendant to appear before the judge at a stated time and place; no arrest of the defendant is made. Magis. Ct. R. 6-204; Metro. Ct. R. 7-204; Criminal Form 9-208 (Criminal Summons).
3. Service of a summons shall be by mail unless the court directs by local rule that personal service be made. The summons and complaint shall be served together. Magis. Ct. R. 6-205(A) & (E); Metro. Ct. R. 7-205(A) & (E).
4. An original and multiple copies of the summons are prepared. (Section 35-5-3).

   a. The original summons is served on the defendant along with the original Complaint. The summons must contain the name of the court and county in which it is filed, the docket number of the case and name of the defendant to whom it is directed. It must also contain a direction to appear at a certain date and time, and the name and address of the law enforcement entity or prosecuting attorney filing the complaint.

   b. Service shall be made at least ten (10) days before the defendant is required to appear. If service is made by mail, an additional three (3) days are added. Service by mail is complete upon mailing. Magis. Ct. R. 6-205(D); Metro. Ct. R. 7-205(D).

   c. Following service, the person making service completes the certificate of service and returns the original and a copy to the court.

   d. The judge retains a copy of the complaint, summons and certificate of service.

C. Arrest Without a Warrant

1. In all criminal cases in which the defendant is arrested without a warrant, including cases that are not within the jurisdiction of the magistrate or metropolitan courts, a criminal complaint shall be prepared and given to the defendant prior to his or her transfer to custody of the detention center. After transferring the defendant to custody, the complaint shall be filed with the court. If the court is not open at the time the copy of the complaint is given to the defendant, the complaint is filed the next business day of the court. Magis. Ct. R. 6-201; Metro. Ct. R. 7-201; see also §2.1-2(D) of this Benchbook.
2. An officer may make a warrantless arrest for a misdemeanor if the officer has probable cause to believe that the suspect is committing a misdemeanor in the officer's presence, the suspect was present at the scene of a motor vehicle accident, or the suspect is charged with a crime in another jurisdiction (as further explained in Section 66-8-125). State v. Lyon, 103 N.M. 305 (Ct. App. 1985); Section 66-8-125(A).
3. Additionally, New Mexico Statutes allow an officer at the scene of a domestic disturbance to arrest the suspect without a warrant if the officer has probable cause to believe that a person has committed an assault or a battery upon a household member. Section 31-1-7(A). Household member is defined as a spouse, former spouse, family member (including a relative, parent, current or former step-parent, current or former in-law, child or co-parent of a child), or a person with whom the victim has had a continuous personal relationship. Section 31-1-7(A).

D. Preliminary Rights
The defendant has a number of rights prior to arraignment or first appearance. These preliminary rights include:

1. The statutory right to three (3) telephone calls within 20 minutes after detention. See Section 31-1-5. However, failure to provide defendant with access to a telephone within twenty minutes is not grounds for dismissal of the charges without a showing of prejudice. State v. Bearly, 112 N.M. 50 (Ct. App. 1991).
2. The right to be given a copy of the criminal complaint or traffic citation prior to being placed in a detention facility in warrantless arrest cases. Section 66-8-123; Magis. Ct. R. 7-201; Metro. Ct. R. 6-201; see also §§29-5-1.1 & 66-8-131. In these cases, a copy of the complaint is filed with the court at the time it is given to the defendant. If the court is not open at that time, and the defendant remains in custody, the complaint is filed the next business day of the court.

   a. Unlike the 6-month trial rules, neither Rule 6-201 nor Rule 7-201 contains a provision requiring dismissal of the complaint for failure to provide the defendant in a warrantless arrest case with a copy of the complaint prior to transfer to a detention facility. Consequently, in order to have the charges dismissed for violation of this right, the defendant must prove that he or she was prejudiced by the violation.

   b. The rules requiring that a copy of a criminal complaint be provided to a defendant arrested without a warrant prior to transfer to custody of a detention facility were adopted to protect the defendant’s constitutional right to a "written showing of probable cause" for his or her arrest. In addition to a written showing of probable cause, a defendant arrested without a warrant has a federal constitutional right to a prompt probable cause determination by a judge. Requiring a written criminal complaint at the time of arrest helps prevent delays in making this judicial probable cause determination.

   c. A criminal complaint need not be sworn to before a notary or judicial officer before it is filed with the court.

   d. There is no absolute requirement that a copy of a criminal complaint be given to a defendant who, because of drugs, alcohol or rage is unable to read and understand the charges. Rather, it is a better practice to place the complaint with the defendant's other belongings until the defendant is able to understand the nature of the charges.

   e. Rules 6-201 and 7-201 do not precisely define the point at which a defendant is deemed to have been transferred to the custody of a detention facility. Nothing in either rule prevents the police from temporarily detaining a defendant in a detention facility pending completion of preliminary police investigation so long as the police have not transferred jurisdiction over the defendant to the detention facility. The police, however, must be free to release the defendant if, after such preliminary investigation and screening, charges are not filed.

3. The Constitutional Right to a Prompt Probable Cause Determination. See §2.1-2(E) of this Benchbook for a discussion of the probable cause determination.

E. Probable Cause Determination

1. Under the Fourth Amendment to the United States Constitution, an accused that is detained and unable to meet conditions of release has a right to a probable cause determination. Gerstein v. Pugh, 420, U.S. 103, 95 S. Ct. 854, 43 L. Ed.2d 54 (1975); see also Magis. Ct. R. 6-203; Metro. Ct. R. 7-203.
2. The United States Supreme Court has held that a probable cause determination must be made as soon as is reasonably feasible, but in no event later than 48 hours after arrest. County of Riverside v. McLaughlin, 500 U.S. 44, 111 S. Ct. 1661, 114 L. Ed.2d 49, 59 (1991).
   
   a. Intervening weekends do not constitute an extraordinary circumstance that would permissibly extend the 48-hour period.
   
   b. It is not permissible to delay a probable cause determination simply because the outside limit is 48 hours. County of Riverside v. McLaughlin, 500 U.S. 44 (1991).
   
   c. The burden is on the State to prove reasonableness of any delay.
3. Without a showing of prejudice, delay in holding a probable cause determination is not grounds for voiding a conviction or dismissing the criminal proceedings. State v. Sedillo, 79 N.M. 9 (1968); see also State v. Hicks, 105 N.M. 286 (Ct. App. 1986).
4. The probable cause determination is non-adversarial and may be held in the absence of the defendant and of counsel. Although the defendant need not be present at a probable cause determination, a judge may hold a first appearance and probable cause hearing at the same time.
5. The court's finding of probable cause must be in writing. Magis. Ct. R. 6-203(C); Metro. Ct. R. 7-203(C).
6. A finding of probable cause must be based upon substantial evidence, which may be hearsay in whole or in part, provided there is a substantial basis for believing the source of the hearsay to be credible and for believing there is a factual basis for the information furnished.
   a. Witnesses are not necessary unless the court believes such witnesses might be useful for establishing probable cause.
7. If the complaint and any attached statements fail to make a written showing of probable cause, the state may either file an amended complaint or a separate "statement of probable cause" that sets forth sufficient facts to detain the defendant.
8. If the court finds that there is no probable cause to believe that the defendant has committed an offense, the court dismisses the complaint without prejudice and orders the release of the defendant. Magis. Ct. R. 6-401; Metro. Ct. R. 7-401.
9. If the court finds probable cause that the defendant committed an offense, the court reviews the conditions of release. If no conditions of release have been set and the offense is a bailable offense, the court sets bail.

F. Detention Hearing for Children

1. Magistrate and Metropolitan judges may hold a detention hearing for a child under the Children's Code. Children's Ct. R. 10-211(F). A detention hearing must be held within 24 hours (excluding weekends and holidays) from the time a petition is filed if the child is in detention at that time, or from the time the child is placed in detention if that occurs after a petition is filed. Children’s Ct. R. 10-211(A). Probation services shall make a reasonable effort to give oral or written notice of the time and place of the hearing to the child's parents, guardian or custodian. Children’s Ct. R. 10-211(B).
2. The court must review the need for detention. A child shall not be placed in detention prior to disposition of the action unless there is probable cause to believe that one or more the following exists:

   a. if not detained, the child will commit injury to other people or property, cause self-inflicted injury, or be subject to injury by others;

   b. the child has no parent, guardian, custodian or other person able to provide adequate supervision and care for the child;

   c. the child will run away or be taken away so as to be unavailable for court proceedings; or

   d. the custody or detention is otherwise authorized by the Children's Code. Children's Ct. R. 10-209.

3. If none of the criteria for detention exist, the court shall either release the child on the child's written promise to appear before the court at a stated time and place, or release the child after imposing one of the following conditions of release, in order of priority, which will reasonably assure the appearance of the child at subsequent proceedings. Children’s Ct. R. 10-211(C). If no single condition of release provides that assurance, any combination of the following conditions may be imposed.

   a. place the child in the custody of a designated person or organization agreeing to supervise the child; and or

   b. place restrictions on the child's travel, association or place of abode during the period of release; and or

   c. impose any other condition that is reasonably necessary to assure appearance, including a condition that the child must return to detention if required.

4. A denial of release may be reviewed at any time. Children’s Ct. R. 10-211(D).

G. Arrest Warrant

1. Although a criminal summons is the preferred method of acquiring jurisdiction over a defendant in a non-felony criminal action, the judge may determine, if good cause is shown, that the interests of justice will be better served by issuing an arrest warrant. Magis. Ct. R. 6-204(B); Metro. Ct. R. 7-204(B).
2. The judge may issue an arrest warrant only upon a sworn statement of the facts establishing probable cause that an offense has been committed by the named defendant. Magis. Ct. R. 6-204(A); Metro. Ct. R. 7-204(A).
3. The showing of probable cause shall be based upon substantial evidence, which may include hearsay in whole or in part, as long as there is a substantial basis for believing the source of the hearsay to be credible and for believing there is a factual basis for the information furnished. Magis. Ct. R. 6-204(A); Metro. Ct. R. 7-204(A).
4. If the defendant is arrested pursuant to a warrant, an additional probable cause determination is not necessary after arrest.
5. If the defendant fails to appear in person or by counsel when it is allowed by statute, at the time and place specified in the summons, the judge may issue an arrest warrant. Magis. Ct. R. 6-205(G); Metro. Ct. R. 7-205(G).