By FindLaw Staff | Reviewed by Kathryn A. Ritcheske, Esq. | Last updated October 16, 2020
Anytime a crime occurs, it's up to prosecutors to file criminal charges and begin the legal process. State criminal statute of limitations laws put a time limit on how long prosecutors have after the crime occurs to file charges. These time limits will generally vary depending on the type of crime involved: misdemeanor charges normally have shorter time limits than felony charges.
Criminal statutes of limitations are designed to ensure criminal trials that are fair and based on the best possible evidence. Evidence of a crime, whether physical evidence like fingerprints or DNA or testimonial evidence like officer statements or eyewitness accounts, can fade over time or become useless or lost entirely. Statutes of limitations vary in length in an attempt to balance the interest in conducting accurate criminal trials with the interest in prosecuting the most serious offenses, while also not having criminal charges hanging over a person's head indefinitely.
New Mexico's criminal statute of limitations laws are highlighted below.
| State | New Mexico |
|---|---|
| Topic | Criminal statute of limitations |
| Definition | A statute of limitations tells you the time frame when the prosecution must bring a charge for a crime. |
| Code Sections | New Mexico Statutes sections 30-1-8 to 30-1-9.2 |
| Felonies |
|
| Misdemeanors |
|
| Crimes in Which a Child Is a Victim |
|
| Acts During Which Statute Does Not Run | The statute of limitations does not run when:
|
| Other |
|
Note: State laws are constantly changing -- please contact a New Mexico criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Statutes of limitations can be confusing. For additional articles and resources on this topic, you can visit FindLaw's section on Criminal Law Basics. If you would like legal assistance with a criminal matter, you can consult with a New Mexico criminal defense attorney.
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