New Mexico Statutes 31-16A-4. Eligibility
A. A defendant shall meet the following minimum criteria to be eligible for a preprosecution diversion program:
Terms Used In New Mexico Statutes 31-16A-4
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(1) the defendant shall have no prior felony convictions for a violent crime; (2) the defendant is willing to participate in the program and submit to all program requirements;
(3) any additional criteria set by the district attorney.
B. A person who meets all of the criteria pursuant to Subsection A of this section may be entered into the preprosecution diversion program; provided that the district attorney may elect not to divert a person to the preprosecution diversion program even though that person meets the minimum criteria set forth in this section.
C. A decision by the district attorney not to divert a person to the preprosecution diversion program is not subject to appeal and shall not be raised as a defense to any prosecution or habitual offender proceeding.