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New Mexico

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions for an acquittal, to withdraw the plea, to be resentenced, or for a new trial based on legal errors in the proceedings or new evidence. In certain situations, the prosecutor may also ask the court to set aside the sentence.
  • Victims can receive information about post-trial motions from the District Attorney’s office where the case was prosecuted. For assistance with contacting the District Attorney, the New Mexico Association of District Attorneys may be reached by phone at (505) 827-3789, by email at info@da.state.nm.us, or by mail at 2929 Coors Blvd NW, Albuquerque, NM 87120.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The New Mexico Solicitor General’s Office represents the state on direct appeal. To receive appeal updates, victims can contact the District Attorney’s office where the case was prosecuted.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The New Mexico Solicitor General’s Office represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims can contact the District Attorney’s office where the case was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under New Mexico law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The New Mexico Solicitor General’s Office represents the State in federal habeas corpus proceedings. To receive federal habeas corpus updates, victims can contact the District Attorney’s office where the case was prosecuted.

Early Release Programs

These can include parole, medical or geriatric parole, or participation in certain vocational or educational programs.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in New Mexico, including parole, medical or geriatric parole, or participating in vocational or educational programs in prison (which is often called “earning meritorious time”).
  • Victims can track the status of an incarcerated person by registering for New Mexico Victim Information and Notification Everyday (VINE). To receive notification of early release programs, victims must register directly with the District Attorney’s office where the case was prosecuted. The New Mexico Association of District Attorneys may be reached by phone at (505) 827-3789, by email at info@da.state.nm.us, or by mail at 2929 Coors Blvd NW, Albuquerque, NM 87120. For assistance with early release programs, victims can contact the Victim Services Division of the New Mexico Department of Corrections by email at cdvictimsrvcs@cd.nm.gov or by phone at (877) 842-8464.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under New Mexico law. The Parole Board supports the governor in this work. Clemency typically takes one of four forms in New Mexico: a pardon (which forgives a conviction), a conditional release (which releases a person from prison subject to parole conditions), a commutation (which shortens a person’s sentence), or a reprieve (which temporarily delays a person’s sentence).
  • To receive notification about clemency, victims may contact the governor’s office by phone at 505-476-2200. For additional assistance, victims can contact the District Attorney’s office where the case was prosecuted and/or the Department of Corrections Victim Services Coordinator by phone at 877-842-8464 or 505-827-8848 or by email at CDVictimSrvcs@cd.nm.gov. 

Victims Rights
Post-Conviction

In New Mexico, victims have the right to:
  • Be treated with fairness and respect for the victim’s dignity and privacy
  • Notification of all court proceedings, including appeals arguments and post-conviction hearings
  • Timely ending of the case
  • Notification of court proceedings
  • Attend all public court proceedings, including oral argument and post-conviction hearings
  • Communicate with the prosecution
  • Notification of the imprisonment, escape, or release of the convicted individual*
  • Make a statement at any post-sentencing hearings
  • Request restitution and apply for the crime victim’s compensation 
  • Prompt return of property when it is no longer needed as evidence

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Crime Victims Reparations Commission reimburses victims for expenses related to the crime, such as medical expenses, lost wages, and funeral costs.
  • Victims may request assistance with unpaid restitution through the District Attorney’s Office where the case was prosecuted. Victims can apply online for compensation from the Crime Victim Reparations Commission. Applications must be submitted within two years of the crime, with exceptions for victims who were minors at the time of the crime.
Click here to learn more about the post-conviction process and victims’ rights in New Mexico

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