Victims play a vital role in the criminal justice system, as their participation is crucial to upholding justice and ensuring that offenders are held accountable. Their rights must be respected and safeguarded throughout the legal process. Unfortunately, we have received reports of violations of victims’ rights, which is unacceptable. Recently, we took action against a district court judge for failing to uphold these rights. In our commitment to protecting victims, we have established a specialized unit dedicated to reviewing all violations of crime victims’ rights to ensure they are treated with the dignity and respect they deserve.
Understanding the Law: New Mexico Constitution Article II, Section 24
Article II, Section 24 of the New Mexico Constitution outlines a comprehensive list of rights afforded to crime victims in the state. These rights are designed to ensure that victims are treated with fairness, dignity, and respect throughout the criminal justice process. Key rights include:
- Timely Notification: Victims have the right to be promptly informed of all criminal proceedings and major developments in their cases.
- Participation: The right to participate and be heard in critical stages of the criminal justice process, including court proceedings and parole hearings.
- Protection: Ensuring the safety of victims by taking appropriate measures to protect them from the accused.
- Restitution: Victims are entitled to restitution from the offender to compensate for their losses.
- Prompt Return of Property: The right to have their property returned as quickly as possible when it is no longer needed as evidence.
These rights are vital in supporting victims and have also been codified in statute 31-26-4.
Our Commitment to Crime Victims
At the New Mexico Department of Justice, we have established an office to uphold our mission is to ensure that every victim is treated with the utmost respect and that their rights are fully protected throughout the legal process.
How We Support Victims
- Advocacy and Support Services: We provide victim advocates to guide victims through the legal process, ensuring they are informed of their rights and the progress of their cases.
- Intervention: Our office receives and carefully reviews complaints related to potential violations of Crime Victim Rights. If there is a breach of the Victims of Crime Act we will evaluate to determine whether or not we intervene in the case or provide guidance to the Judge or District Attorney’s Office.
- Education and Outreach: We work closely with law enforcement and other agencies to implement measures that protect victims from further harm or intimidation.
Our 2025 Legislative Priorities
The New Mexico Department of Justice is supporting several bills in the 2025 Legislative Session that advance public safety and victims’ rights, described below. Additional legislative priorities for the 2025 session may be viewed here.
Victim Protection in Pretrial Interviews
- Purpose: While defendants have a right to cross-examine victims during trial, current practices in New Mexico require victims to participate in pretrial interviews conducted by defense attorneys. These interviews often force victims to endure traumatic questioning without the oversight or protection of a judge. This process can re-victimize individuals by compelling them to repeatedly recount and relive their trauma, creating unnecessary emotional harm as they seek justice.
- Legislative Solution: This legislation would amend the Victims of Crime Act, providing new protections for both child and adult victims involved in criminal proceedings. The amendment would impose limitations on pretrial interviews, safeguarding victims’ privacy and dignity while reducing pressure and emotional distress.
Remedies for Violations of Victims’ Rights
- Purpose: New Mexico law establishes the fundamental rights of all of our citizens, including victims of crime but lacks the enforcement mechanism to ensure the protections are upheld. Currently, victims’ rights include, but are not limited to, the right to be treated with fairness and with respect, to a timely disposition of their case, to be protected from the accused, to information about case proceedings, conviction, sentencing, imprisonment, escape or release of the accused, to be notified of and to attend all court proceedings, and to make a statement at any sentencing or post-sentencing hearings. The Legislature gave effect to Article 2, Section 24 of the constitution by passing the Victim of Crimes Act (NMSA 1978 Section 31-26-1et. seq.), incorporating and implementing those same rights for victims of crime. However, the Victims of Crime Act fails to provide any legal remedy for victims whose constitutional rights have been violated.
- Legislative Solution: This legislation aims to strengthen the rights and protections for victims of crime, improve the notification process, and provide legal remedies for breaches of the Act. By doing so, this would enforce the protections in the Act through civil penalties and civil suits. Additionally, the legislation would mirror similar remedies in the Inspection of Public Records Act (IPRA) and amend the Victims of Crime Act by providing those remedies to victims through three avenues: (1) create civil penalties for violations, enforceable by the Attorney General, (2) provide victims with a separate, private right of action, and (3) provide victims withstanding to assert their rights during criminal proceedings.
Violation of Conditions of Release
- Purpose: Attorney General Raúl Torrez has been a consistent champion and advocate for stronger pretrial detention, especially for those charged with murder and other violent crimes. It was AG Torrez who sounded the alarm that pretrial services were not monitoring global positioning systems (GPS), otherwise known as ankle monitors, on the weekends or after hours. While some improvements have been implemented, we now focus our attention on transparency and effectiveness of GPS monitors. Violations of conditions of release should be immediately shared with law enforcement, the courts, prosecutors, defense attorneys and, most importantly,
victims. - Legislative Solution: This legislation would require pretrial services to notify the victim, court, prosecutor, and defendant’s counsel of any violation of pretrial conditions of release. Additionally, the legislation would clarify that pretrial release and supervision records are subject to the Inspection of Public Records Act.
Those who monitor defendants on GPS devices must (1) notify the victim, the court, defense attorney and prosecutor if a defendant tampers with or cuts off their ankle monitor, and (2) provide violations and data to Law Enforcement to assist with investigations.
Release Pending Appeal
- Purpose: Alexis Avila was convicted of First-Degree Child Abuse in 2023 after she threw her baby in a dumpster shortly after the child was born. Avila is in the process of appealing her conviction and has requested the Court to release her from prison until her appeal is resolved.
- Legislative Solution: Our legislation would ensure that anyone convicted of a capital, or “serious violent offense”, (SVO) shall not be entitled to release pending appeal. SVOs include: First Degree and Second-Degree Murder, First- and Second-Degree Sexual Assault, First Degree Child Abuse, among others.
We Want to Hear from You
We believe that the voices of victims are crucial in shaping a justice system that truly serves the community. If you believe your rights as a crime victim are being infringed upon, we want to hear from you. Your feedback and experiences are invaluable in helping us improve our services and advocacy efforts. We are committed to standing with crime victims and ensuring their rights are protected. By working together, we can create a justice system that is fair, compassionate, and just for all.
Additional resources for victims and their families can be found here.
