As used in the Indigent Defense Act:

Terms Used In New Mexico Statutes 31-16-2

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

A. “detain” means to have in custody or otherwise deprive of freedom of action;

B. “expenses”, when used with reference to representation, includes the expenses of investigation, other preparation and trial;

C. “needy person” means a person who, at the time his need is determined by the court, is unable, without undue hardship, to provide for all or a part of the expenses of legal representation from available present income and assets; and

D. “serious crime” includes a felony and any misdemeanor or offense which carries a possible penalty of confinement for more than six months.