Address:
1958 Dr. Martin Luther King Jr. Drive
Alamogordo, NM 88310
Phone:
575-437-6420
What kind of bonds are accepted in Otero County?
Who can set bail in Otero County?
When is bail set in Otero 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 Otero 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 Otero 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 Otero 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 Otero 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 Otero County 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 Otero 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 Otero 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 Otero County Detention Center for more information about the jails in Otero 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 Otero County 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 bail bond procedures can vary in Otero County and New Mexico, it is always best to contact Otero County Detention Center at 575-437-6420 or the court where the defendant was charged, such as the Municipal or District Court, immediately after an arrest. This will ensure you have the most up-to-date information.
When calling Otero County Detention Center or the Otero County Court Clerk, be sure to ask the following questions:
If the bail amount seems too high, you may want to contact a lawyer or public defender to explore the possibility of getting it reduced. Starting this process quickly will help speed up the defendant's release.
A criminal attorney or bail agent can help manage the process and make it more efficient.
Option 1 - How to Post Bail with Cash at Otero County Detention Center
A cash bond requires you to pay the full amount in cash, cashier’s check, or money order. Personal checks are not accepted.
Bail amounts can range from $100 to $75,000 or more depending on the offense.
To post the bond, visit Otero County Detention Center or the court where the bail hearing took place. Going to the jail directly will expedite the release, as paperwork from the court must be sent there.
Cashier’s checks and money orders should be made out to Otero County Detention Center, the Otero County Sheriff’s Office, or the Otero County Court.
You can purchase money orders at Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Otero County Detention Center
If you cannot afford the full bail amount, a surety bond is another option. A bail agent will post the bond in exchange for a premium, typically 10-15% of the total bail amount.
For example, if bail is set at $5,000, the premium will be between $500 and $750.
Bail agents often require collateral, such as property or valuables, to secure the bond in case the defendant does not appear in court.
When you sign an agreement with a bail agent, you are responsible for paying the full bail amount if the defendant fails to appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Otero County Detention Center
If you own property in Otero County, you may be able to post a property bond. All owners of the property must be present to sign the bond in order for it to be valid.
To find out if property outside Otero County can be used, contact a local bail agent or attorney.
For more information, click here for details on posting bail at Otero County 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.
