Judges in New Mexico May Waive Bail

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By Jessica DaSilva

Nov. 9 — New Mexico residents approved by a wide margin a legislatively referred ballot initiative that would give judges the discretion to waive bail for defendants if no evidence exists showing they are dangerous.

The initiative will amend the state constitution allowing for judicial discretion. Legislators passed the bill in February.

Prosecutors can also deny bail when they introduce “clear and convincing evidence that the defendant will not come back to court, and is a danger to the community” under the initiative.

To contact the reporter on this story: Jessica DaSilva in Washington at jdasilva@bna.com

To contact the editor responsible for this story: C. Reilly Larson at rlarson@bna.com

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