Information
New Mexico Victim's Rights Guide — know your rights as a crime victim in New Mexico.
As a victim of crime in New Mexico, you have certain rights that help protect you and ensure you are treated fairly. If your minor child is the crime victim, these rights apply to you and to your child.
Your immigration status should not affect your access to the criminal or juvenile justice systems.
As a Crime Victim You Have The Right To:
Be treated with fairness and respect for your dignity and privacy throughout the criminal justice process.
Timely disposition of the criminal case.
Be reasonably protected from the accused throughout the criminal justice process.
Be notified of upcoming court proceedings.
Attend all public proceedings the accused has the right to attend.
Confer with the prosecution about the case.
Make a statement to the court at sentencing and at any post-sentencing hearings for the accused.
Restitution (payment) from the person convicted of the criminal conduct that caused your loss or injury.
Information about the conviction, sentencing, imprisonment, escape or release of the offender.
Have the prosecuting attorney notify your employer, if you request, of the necessity of your cooperation and testimony in a court proceeding that may cause you to miss work.
Promptly receive any property belonging to you that is being held for evidentiary purposes by law enforcement or the prosecuting attorney, unless there are compelling evidentiary reasons for keeping the property.
Be informed by the court at sentencing that the offender is eligible to earn deductions from their sentence for good behavior and the amount the offender may earn.
After an Arrest
You should be notified if an arrest has been made. After an arrest of the accused you have the rights to the following:
Request to be notified about any release hearing(s) of the accused.
Address the judge about your safety concerns at any pre-trial release hearing(s).
Request that the accused be ordered not to have any contact with you.
Be reasonably protected from the accused throughout the criminal justice process.
Attend any court hearings the accused can attend.
Ask for a letter to be written (by the prosecutor) to your employer to enable you to take time off to attend the criminal proceedings.
Request to participate in the New Mexico Confidential Address Program (Safe At Home). You may apply through a domestic violence, sexual assault program, or the Secretary of State's office.
Assert your right to timely disposition of your case.
Be treated with fairness and respect for your dignity and privacy throughout the criminal justice process.
Request restitution.
Hearings You Are Entitled to Notice Of
There are many hearings during a criminal case. You are entitled to notice of each hearing and to make a statement at these hearings. These hearings include:
Eligible Crimes
The Victim’s Rights Project can assist you with asserting and enforcing your rights as a victim of the following crimes in New Mexico. If you or your minor child is a victim of any of the crimes listed below, let the prosecutor know that you wish to assert your rights.
The Victim’s Rights Project does not assist with divorce, custody, orders of protection or immigration. Visit victimsrightsnm.org for other legal resources.
Contact the Victim’s Rights Project
575-680-1988
info@victimsrightsnm.org