Address:
255 S. Boardman Drive
Gallup, NM 87301
Phone:
505-979-7224
Does McKinley County have bail?
What kind of bonds are accepted in McKinley County?
Who can set bail in McKinley County?
When is bail set in McKinley 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 McKinley 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 McKinley 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 McKinley 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 McKinley 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 McKinley County Adult Detention Center 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 McKinley 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 McKinley 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 McKinley County Adult Detention Center for more information about the jails in McKinley 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 McKinley County Adult Detention Center 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.
Since McKinley County and New Mexico may periodically update their bail bond procedures, it is always a good idea to contact either McKinley County Adult Detention Center at 505-979-7224, or the court in the appropriate jurisdiction (i.e., Municipal Court, District Court, etc.) where the defendant was charged, immediately after an arrest has been made.
When you contact McKinley County Adult Detention Center or the McKinley County Court Clerk, be sure to ask the following important questions:
If the bail amount seems too high, you can seek a reduction by contacting a lawyer or the defendant's public defender, who may be able to expedite the process and secure a lower bail.
Having a criminal attorney or a bail agent manage this process will often make it more efficient and less stressful.
Option 1 - How to Post Bail with Cash for a Defendant at McKinley County Adult Detention Center
One way to post bail is by paying the full amount in cash, cashier’s check, or money order. Personal checks are not accepted.
Depending on the crime, the bail could range from $100 to $75,000 or more.
To post a cash bond, visit McKinley County Adult Detention Center or the court where the bail hearing took place. Visiting the jail directly can expedite the defendant’s release, as paperwork from the court must first be transferred to the jail.
Cashier’s checks and money orders should be made payable to McKinley County Adult Detention Center, the McKinley County Sheriff’s Office, or the McKinley County Court, depending on where the defendant is being held.
Money orders can be purchased from Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Private or Surety Bond for a Defendant at McKinley County Adult Detention Center
If the full bond amount is not available, a private bond or surety bond is another option. This involves working with a bail agent or bondsman who will post the entire bail amount in exchange for a premium payment, usually 10-15% of the total bond.
For example, if bail is set at $5,000, the premium would typically cost between $500 and $750.
Bail agents may require collateral, such as a lien on a house, car, or valuable items like jewelry, to secure the bond. This collateral ensures the bail agent is compensated if the defendant fails to appear in court.
By signing an agreement with a bail agent, the signatory accepts responsibility for the full bail amount if the defendant does not show up in court.
Option 3 - How to Post a Property Bond for a Defendant at McKinley County Adult Detention Center
If you own property in McKinley County, you may be able to post a property bond to secure the defendant's release. Property located within McKinley County can be used as collateral, but all property owners must be present to sign the bond.
For questions about using property outside McKinley County, contact a local bail agent or defense attorney for guidance.
For more information, click here for details on posting bail at McKinley County Adult Detention Center.
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.
