Statutes > New Mexico Statutes > Chapter 35 - Magistrate and Municipal Courts. > Article 5 - Magistrate Court; Criminal Actions, 35-5-1 through 35-5-8. > Section 35-5-1 - Criminal actions; arrest followed by complaint.

Section 35-5-1 - Criminal actions; arrest followed by complaint.

35-5-1. Criminal actions; arrest followed by complaint.

Whenever a peace officer makes an arrest without warrant for a misdemeanor within magistrate trial jurisdiction, he shall take the arrested person to the nearest available magistrate court without unnecessary delay. In such cases, a complaint shall be filed forthwith by the peace officer and a copy given to the defendant at or before the time he is brought before the magistrate.