ALBUQUERQUE, N.M. — A writ filed in a New Mexico District Court claims judges in Albuquerque routinely violate the 10-day rule that requires case dismissal if prosecutors fail to formally file charges.
The Albuquerque Journal reports (http://bit.ly/2h5htFO ) that two men, whose cases remained open for weeks despite lacking formal charges, filed the writ on Monday accusing Bernalillo County Metropolitan Court judges of the rule violation.
The petitioners’ attorney Alan Wagman says a pending felony case, especially one left open, can wreck defendants’ lives.
The Attorney General’s Office is representing the judges, and a spokesman says they would review legal options when they are properly served with the pleadings.
The petition asks the District Court to direct the Albuquerque judges to immediately follow the rule.
Information from: Albuquerque Journal, http://www.abqjournal.com