Address:
10 McGregor Range Road
Chaparral, NM 88081
Phone:
575-824-4884
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 Prison 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 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 Prison Facility 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 Prison 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.
Please call the jail at 575-824-4884 for the type of bond and any information that is required for a particular individual at Otero County Prison Facility.
A bond is set according to a court-approved schedule.
The purpose of the bond is to assure the offender's appearance in court.
Because Otero County and New Mexico can change their bail bond procedures, it is always best to call either the Otero County Prison Facility at 575-824-4884, or the court in the jurisdiction (i.e. Municipal Court, District Court, etc.) where the offender was charged, right after an arrestee has been booked.
Ask the staff at the Otero County Prison Facility or the Otero County Court Clerk these specific questions:
If you feel the bail is too high and you wish to get it reduced, contact a lawyer or the defendant's public defender and get them to look into what they can do to get a bail reduction. The sooner you get working on this the quicker you will get your loved one released.
This entire process will go smoother and faster with a criminal attorney or bail agent handling it for you.
Option 1 - How to Post Bail using Cash for a Defendant at Otero County Prison Facility
The first option, a cash bond, is to pay the full bail amount in cash, cashier's check, or money order. Personal Checks are not accepted.
Depending on the crime, this amount could be anywhere from $100 to $75,000 or more.
To pay a cash bond, go to Otero County Prison Facility or to the court where the bail hearing occurred. Going directly to the jail will quicken the release of the defendant as any bail paperwork processed at the court will have to be transferred to the jail.
Cashier's Checks and Money Orders may be made out to Otero County Prison Facility where the defendant is being held, but usually to the Otero County Sheriff's Office or to the Otero County Court.
To purchase money orders visit any Western Union, Moneygram or Post Office.
Option 2 - How to Post a Private or Surety Bond for a Defendant at Otero County Prison Facility
In the event that someone does not have the full bond amount available to him or her, there is what is called a private bond or surety bond.
This is an agreement made with a bail agent or bondsman who will post the full bail amount. In return, the defendant and/or cosigner will pay a premium to the bail agent. This premium will be 10-15% of the full bail amount.
For example, if bail is posted at $5,000, then the premium will cost approximately $500-$750.
A bail agent will often require some form of collateral, for example, a lien on a house, a car or jewelry. This is to ensure that if the defendant skips bail, or does not appear in court, the bail agent has some sort of compensation for the full bail amount being paid.
Remember, by making an agreement with a bail agent the signatory takes responsibility for paying the full bail amount if the defendant does not appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Otero County Prison Facility
If you are a landowner in Otero County you may be able to post a property bond. Property within Otero County may be used as collateral to bail someone out. All owners of the property must be present to sign the bond in order for this to happen.
To find if property located outside of Otero County can be used as collateral, call a local bail or bond agent or contact a defense lawyer.
Click here for additional information on how to post bail at Otero County Prison 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.
Money or collateral will not be returned until the defendant's court case is finished, so realistically it could take several months to years, depending on the severity of the charges. If a defendant posts his or her own bail, Otero County Court may retain whatever amount of fines or fees have accumulated throughout the trial.
The Otero County Judge may order a failure to appear warrant for the person's arrest or the Judge may order a Bail Commissioner's Letter be issued that will be sent to the person with a new court date.
If cash bail was paid, the entire amount may be forfeited.
To receive phone calls from inmates in Otero County, or to assist them in making phone calls to other people, follow these steps:
Note: All your calls with an inmate are recorded, stored and shared with law enforcement if the conversation deals with your case or any criminal activity. Anything communicated can be used against you or your inmate in court.
For all the information regarding phone calls with Otero County inmates; rules, policies, phone calling times, limits and more visit our Inmate Phone Page.
To visit an inmate in Otero County follow these steps:
For full instructions on all the benefits of using IC Solutions to visit a Otero County inmate, visiting an inmate at the jail itself, rates, policies, rules, dress codes, bringing children, attorney and clergy visits and more, go to our official Visit Inmate Page.
