Address:
1039 Agua Negra Road
Santa Rosa, NM 88435
Phone:
575-472-1002
Does Guadalupe County have bail?
What kind of bonds are accepted in Guadalupe County?
Who can set bail in Guadalupe County?
When is bail set in Guadalupe County New Mexico?
In 2016, New Mexico voters approved a constitutional amendment to almost completely eliminate the cash bail system. The change was implemented to prevent low-risk offenders from remaining in jail before trial because they could not afford bail.
Since this recent change in law, the Guadalupe County judges are now able to deny bail in felony cases for the more “dangerous” accused. This in consequence keeps more, but not all people in jail without any option for pre-trial release. The arrested are either released on a personal recognizance bond or held based on a judge’s assessment of the danger they pose to the public. Very few are released on bail.
Cash bonds or personal recognizance bonds are recognized in Guadalupe County.
Defendants are either released or held based on a judge’s assessment of the danger they pose to the public.
The determination to hold or release a defendant pretrial must be made within 3 days for those being held in a local detention center.
Bail is what the arrested in Guadalupe County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Guadalupe County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Guadalupe County Correctional Facility until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
Cash bonds or personal recognizance bonds are recognized in New Mexico, and it is up to the judge to determine which bond will be accepted.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
In 2016, New Mexico voters approved a constitutional amendment to almost completely eliminate the cash bail system. The change was implemented to prevent low-risk offenders from remaining in jail before trial because they could not afford bail.
Since this recent change in law, the Guadalupe County judges are now able to deny bail in felony cases for the more “dangerous” accused. This in consequence keeps more, but not all people in jail without any option for pre-trial release. The arrested are either released on a personal recognizance bond or held based on a judge’s assessment of the danger they pose to the public. Very few are released on bail.
Cash bonds or personal recognizance bonds are recognized in Guadalupe County.
Defendants are either released or held based on a judge’s assessment of the danger they pose to the public.
The determination to hold or release a defendant pretrial must be made within 3 days for those being held in a local detention center.
There is no bail, however, your attorney may request a second hearing to determine if a defendant is to be released.
The person posting bail could be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back. The defendant can also pay bail.
Yes, New Mexico does offer online bail payment. Please contact the jail for specific information on how to pay bail: go to the Guadalupe County Correctional Facility for more information about the jails in Guadalupe County.
If bail was set, refer to the information on payment:
If bail was set, refer to the information on payment:
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front however there might be court fees due.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court can send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
The Guadalupe County Correctional Facility or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is 10% and cannot be negotiated.
Bail bond procedures in Guadalupe County and New Mexico can vary, so it is best to contact Guadalupe County Correctional Facility at 575-472-1002 or the court in the jurisdiction where the defendant was charged (e.g., Municipal Court, District Court) right after the arrest to confirm current policies.
Ask the staff at Guadalupe County Correctional Facility or the Guadalupe County Court Clerk these key questions:
If the bail amount seems high, you can contact a lawyer or the defendant’s public defender to explore options for a bail reduction. Starting the process early will help expedite the defendant’s release.
Having a lawyer or bail agent handle the details can help the process go smoothly.
Option 1 - How to Post Cash Bail at Guadalupe County Correctional Facility
To post a cash bond, you need to pay the full bail amount in cash, cashier’s check, or money order. Personal checks are not accepted.
Bail amounts range from $100 to $75,000 or more depending on the charges.
You can post a cash bond at Guadalupe County Correctional Facility or the court where the bail hearing took place. Going directly to the jail will speed up the process, as paperwork from the court must be transferred there.
Cashier’s checks and money orders should be made payable to Guadalupe County Correctional Facility, the Guadalupe County Sheriff’s Office, or the Guadalupe County Court.
Money orders can be obtained from Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Guadalupe County Correctional Facility
If the full bond amount is not available, a surety bond is an option. A bail agent will post the bond in exchange for a premium, usually 10-15% of the total bail amount.
For example, if bail is set at $5,000, the premium will range from $500 to $750.
The bail agent may require collateral, such as property or valuables, to secure the bond in case the defendant fails to appear in court.
By signing an agreement with a bail agent, you become responsible for the full bail amount if the defendant does not appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Guadalupe County Correctional Facility
If you own property in Guadalupe County, you may be able to post a property bond. All owners must be present to sign the bond agreement.
For properties outside of Guadalupe County, contact a local bail agent or attorney for guidance.
Click here for more details about posting bail at Guadalupe County Correctional Facility.
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a New Mexico state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
