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Introduction
Differences
in Sentencing Options
How to Use
the Sentencing Exercises
Proceed to General
Issues Exercises
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Introduction
Municipal judges have a number of options when sentencing
a defendant who has been convicted of a petty misdemeanor
that authorizes both a fine and jail term.The options are:
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You may impose a sentence (jail term up to the maximum
authorized by the ordinance, a fine, or both) and execute
the sentence. By executing the sentence, you order
the defendant to serve the jail term or pay the fine,
or both. Generally, for violation of a municipal
ordinance the fine may be up to $500 and the jail term
may be from one day to 90 days. NMSA
1978, Sections 3-17-1(C)(1), 35-5-3(C).
For violation of a DWI ordinance, the fine may be up to
$1,000 and the sentence may be up to 364 days, but because
of possible conflicts with magistrate jurisdiction and
to avoid invoking the right to a jury trial, municipal
ordinances limit the maximum fine to $999 and the maximum
jail time to 179 days. NMSA
1978, Sections 3-17-1(C)(2), 35-5-3(C).
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You may defer a sentence. NMSA
1978, Section 31-20-3(A). By deferring a
sentence, you do not sentence the defendant but instead
reserve the power to sentence at a later time. You
must place the defendant on probation for all or some
portion of the period that sentencing is deferred.
NMSA 1978, Section
31-19-1(C).
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You may impose a sentence and then suspend it in whole
or in part. NMSA
1978, Sections 31-20-3(B), 35-15-14.
For example, you may sentence the defendant to 90 days
in jail and suspend the execution of it in whole so that
the defendant does not have to serve any time in jail.
Or you may suspend all but 30 days in which case the defendant
must serve 30 days in jail. If you suspend a sentence,
you must place the defendant on probation for all or some
portion of the period that the sentence is suspended.
NMSA 1978, Section
31-19-1(C).
Differences
in Sentencing Options
There are several important differences
in a municipal judge's sentencing options, including how the
sentence is imposed and the effect of probation revocation
or completion. This chart briefly lays out the main
differences.
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Imposition
of Sentence
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Probation
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Revocation
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Completion
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Sentence Ordered and
Executed
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Sentence is imposed and
defendant is ordered to serve jail time and/or pay a
fine.
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Deferred Sentence
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No sentence is imposed;
sentencing is deferred to a later date; defendant put
on probation.
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Judge may impose any sentence
that could have originally been given (with
credit for time on probation).
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Charges are dismissed.*
NMSA 1978, Section
31-20-9.
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Suspended Sentence
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Sentence is imposed, but
execution is suspended in whole or part; defendant put
on probation.
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Judge may continue original
probation or reinstate the original sentence (with credit
for time on probation) or a lesser sentence.
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Conviction remains; defendant
is discharged from further obligations. NMSA
1978, Section 31-20-8.
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*Under the Motor Vehicle Code, a defendant
convicted of DWI who receives a deferred sentence and successfully
completes probation is still considered to be a first offender,
and therefore would be a subsequent offender if convicted
of any future DWI charges. NMSA 1978, Sections 66-1-4.6(c),
66-1-14.16(q).
To learn more about sentencing options, try the questions
written specifically for municipal court. Each question
asks for a Yes or No response and explains the correct answer.
If you have experienced any unusual or difficult sentencing
issues that you think should be covered in the questions,
please contact Pam Lambert, plams@unm.edu,
at the Judicial Education Center.
How to Use the Sentencing Exercises
To learn more about sentencing options, try the questions
written specifically for municipal court. Each question asks
for a Yes or No response and explains the correct answer.
There are six topics plus this introduction, with a total
of 33 questions in these exercises. It should take you
approximately 30 minutes to complete all of the exercises.
To navigate through the exercises, you can either choose
at random from the table of contents at left, or just follow
the instructions at the bottom of each screen and you will
be automatically led through the exercises. The exercises
are designed so that when you click on an answer to a question
in the top portion of the screen, you immediately get feedback
in the bottom portion of the screen. If you cannot see all
of the questions (or all of the answer in some cases) use
the corresponding scrollbars on the right side of the screen
to scroll up or down.
If you would like to stop in the middle of the exercises
and return later, you can mark your place by adding a bookmark
(Netscape) or adding to Favorites (Internet Explorer), located
on the toolbar at the top of your browser window.
Continue to General Issues Exercises
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