Sierra County Detention Facility Inmate Bail & Bonds
Sierra County bail and bond: Truth or Consequences, Elephant Butte and Hillsboro
Sierra County's detention office is at 311 N. Date St., Truth or Consequences, 575-894-2537 (county detention page). The state counties group lists Sierra as not running a jail (NM Counties). The Sierra County Inmate Search may help.
Where are Sierra County detainees held?
At outside facilities. The county says people are in Sierra County only for intake, court or release, and visits follow the rules of wherever they are housed (county page). Call the detention office to learn which facility.
Can I visit while they're in Truth or Consequences?
General visits aren't allowed during that time. Only lawyers may visit during intake, court or release (county page).
Does being housed elsewhere change the deadline?
Yes. Release terms are due within 5 days, not 3, for someone held out of county (Rule 5-401, part A). A judge must still check probable cause inside 48 hours (Rule 6-203).
Does Sierra use fixed bail amounts?
Fixed amounts are banned (Rule 5-401, part E). Court-chosen workers may free some low-level arrests on a signed promise (Rule 6-408).
How do money bonds work here?
Judges must explain any money in writing. The cheapest kind, a 10% deposit, comes first (Rule 5-401). A licensed bondsman can post a full bond (license lookup).
May a judge refuse release here?
For felonies, if the state proves danger at a hearing (N.M. Const.; Rule 5-409).
Which court will hear it?
Magistrate court: 155 W. Barton St., 575-894-3051 (court list). Felony cases go up to the Seventh Judicial District (NMSA 34-6-1).
Is there a free lawyer in Sierra County?
Yes, but you ask for one at the court, since there is no local office (LOPD).
What about a teen, or a federal charge?
A teen's case falls under the Children's Code (NMSA 32A-2-13), and the nearest certified center sits in Las Cruces (CYFD). Federal: Las Cruces, 575-528-1400.
Who confirms the bond amount?
The detention office, 575-894-2537.
Sierra County bail contacts
- Detention office
- 311 N. Date St., Truth or Consequences; 575-894-2537
- Magistrate court
- 575-894-3051
- Inmate search
- Sierra County Inmate Search
Sierra County Detention Facility
Address:
855 Van Patten
Truth Or Consequences, NM 87901
Phone:
575-894-2537
Frequently Asked Questions about Bail and Bonds in Sierra County
What kind of bonds are accepted in Sierra County?
Who can set bail in Sierra County?
When is bail set in Sierra County New Mexico?
Does Sierra County have bail?
In 2016, New Mexico voters approved a constitutional amendment to almost completely eliminate the cash bail system. The change was implemented to prevent low-risk offenders from remaining in jail before trial because they could not afford bail.
Since this recent change in law, the Sierra County judges are now able to deny bail in felony cases for the more “dangerous” accused. This in consequence keeps more, but not all people in jail without any option for pre-trial release. The arrested are either released on a personal recognizance bond or held based on a judge’s assessment of the danger they pose to the public. Very few are released on bail.
What kind of bonds are accepted in Sierra County?
Cash bonds or personal recognizance bonds are recognized in Sierra County.
Who can set bail in Sierra County?
Defendants are either released or held based on a judge’s assessment of the danger they pose to the public.
When is bail set in Sierra County New Mexico?
The determination to hold or release a defendant pretrial must be made within 3 days for those being held in a local detention center.
What is Bail?
Bail is what the arrested in Sierra County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Sierra County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Sierra County Detention Facility until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
What are the different types of bonds in Sierra County?
Cash bonds or personal recognizance bonds are recognized in New Mexico, and it is up to the judge to determine which bond will be accepted.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Does Sierra County have bail?
In 2016, New Mexico voters approved a constitutional amendment to almost completely eliminate the cash bail system. The change was implemented to prevent low-risk offenders from remaining in jail before trial because they could not afford bail.
Since this recent change in law, the Sierra County judges are now able to deny bail in felony cases for the more “dangerous” accused. This in consequence keeps more, but not all people in jail without any option for pre-trial release. The arrested are either released on a personal recognizance bond or held based on a judge’s assessment of the danger they pose to the public. Very few are released on bail.
What kind of bonds are accepted in Sierra County?
Cash bonds or personal recognizance bonds are recognized in Sierra County.
Who can set bail in Sierra County?
Defendants are either released or held based on a judge’s assessment of the danger they pose to the public.
When is bail set in Sierra County?
The determination to hold or release a defendant pretrial must be made within 3 days for those being held in a local detention center.
Can I get the bail or bond reduced in Sierra County New Mexico?
There is no bail, however, your attorney may request a second hearing to determine if a defendant is to be released.
In Sierra County New Mexico, who can pay bail for me?
The person posting bail could be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back. The defendant can also pay bail.
Can bail be paid online in Sierra County New Mexico?
Yes, New Mexico does offer online bail payment. Please contact the jail for specific information on how to pay bail: go to the Sierra County Detention Facility for more information about the jails in Sierra County.
What options are there to pay bail in Sierra County New Mexico?
If bail was set, refer to the information on payment:
Will I get all my bond money back in New Mexico?
If bail was set, refer to the information on payment:
Can I get bail or a bond with no money down in Sierra County?
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front however there might be court fees due.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court can send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
What are the least expensive and affordable bail bonds in New Mexico?
The Sierra County Detention Facility or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is 10% and cannot be negotiated.