State v. Brown

OPINION

DANIELS, Justice.

The Bill of Rights of the New Mexico Constitution guarantees that “[a]II persons . . . before conviction” are entitled to be released from custody pending trial without being required to post excessive bail, subject to limited exceptions in which release may be denied in certain capital cases and for narrow categories of repeat offenders. N.M. Const, art. II, § 13. Our rules of criminal procedure provide the mechanisms through which we honor this constitutional right to pretrial release. The rules require that a defendant be released from custody on the least…