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Mandatory jail time does not mean mandatory jail time

In New Mexico, some statutes require criminal defendants to spend mandatory time in jail upon being convicted of certain crimes. Driving while under the influence is one such crime if the case involves an aggravated charge or a subsequent conviction.

In the past, there had been some judges that allowed those convicted to serve the mandatory time in a work-release program, while others viewed the statutes as requiring the convicts to spend mandatory time in jail exclusively. In State v. Woods, 2010 NMCA 017 (Ct. App. 2010) the Court of Appeals held that it is within the judge’s authority to sentence a criminal defendant convicted of a crime that requires mandatory jail time to a house arrest program that involved electronic monitoring.

The Court of Appeals' decision affirms previous precedent that points to the judge's unique qualifications and powers to make the correct call in determining what a fair sentence should be. I am hoping the Court of Appeals decision has a quick impact on the expensive burden on the taxpayers' need to finance the housing of inmates that would be better served by counseling or rehabilitation that they can pay for while housing themselves.

  • We Prepare Every Case For Trial

    Regardless of whether we take it that far, learn how we are fully prepared to fight for you.

    Learn More
  • Experience Makes All The Difference

    We have a reputation for success and an established history of advanced education and training.

    Our Victories
  • Charged With Drunk Driving?

    Get aggressive DWI/DUI defense and fight to keep your license! We also handle vehicle seizures.

    How We Can Help
  • Have You
    Been Arrested?

    Fill out a free case evaluation form and learn how we can fight aggressively on your behalf.

    Get Started Now
The Romero Law Firm, P.A.
Albuquerque Criminal Defense Attorney
Located at 1001 5th St. NW
Albuquerque, NM 87102.
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