ALBUQUERQUE, N.M. (AP) - The top prosecutor for New Mexico’s most populous judicial district wants the state Supreme Court to clarify the circumstances under which certain defendants can be held without bail pending trial.
Bernalillo County District Attorney Raul Torrez announced Wednesday that he would be filing a writ with the high court.
Torrez’s move came after he watched a federal proceeding in which a U.S. magistrate ordered Paul Salas held pending trial, the Albuquerque Journal reported (https://bit.ly/2nklO9Z ).
Salas is accused of 47 armed robberies in the Albuquerque area and is facing both state and federal charges.
In state court, prosecutors tried to get Salas held without bail but a judge instead set a cash-only bond of $100,000, which Salas didn’t post.
“It’s our position that we have too many procedural obstacles and hurdles” to hold suspects without bond, Torrez told the newspaper.
Last year, voters approved a constitutional amendment allowing judges to deny bail to defendants considered exceptionally dangerous. The amendment also grants pretrial release to those who aren’t considered a threat but remain in jail because they can’t afford bail.
In early March, the Supreme Court issued an order further clarifying the rules to prevent the inadvertent release of defendants in criminal cases where detention motions are pending or a detention order is already in effect. The justices stated at the time that the issue demanded immediate action pending a review and any changes to release and detention rules.
Torrez said so far this year, his office has made 76 requests to hold suspects without bail. Judges have granted 26 of the requests.
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Information from: Albuquerque Journal, https://www.abqjournal.com
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