New Mexico

Grades 
Forfeiture
Law Grade
 State Law Evasion Grade  Final
Grade
New Mexico

 

Forfeiture Law
Even after a reform effort in 2002, New Mexico’s civil forfeiture laws still do not offer adequate protections for property owners.  To secure a civil forfeiture, the government must prove, by clear and convincing evidence, that property is related to criminal activity and thus subject to forfeiture.  This is a higher standard than most states but still lower than proof beyond a reasonable required to establish criminal guilt.  Moreover, in most instances, property owners have the burden of proof for innocent owner claims.  And law enforcement may still receive 100 percent of the proceeds from any forfeiture.

 

 

Forfeitures as Reported to LEMAS (Drug-related only)

 

Total Assets
Forfeited

Assets Forfeited per
Law Enforcement Agency

1993

$2,265,510

$45,455

1997

$3,680,178

$23,592

2000

$2,556,181

$20,274

2003

$3,623,358

$48,112

 

Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)

 

Proceeds Returned to State

FY 2000

$541,659

FY 2001

$1,157,905

FY 2002

$2,272,066

FY 2003

$2,319,114

FY 2004

$2,829,601

FY 2005

$3,017,396

FY 2006

$2,616,795

FY 2007

$3,759,580

FY 2008

$3,282,329

Total

$21,796,445

Average per Year

$2,421,827

 

Freedom of Information Data
No Data Available; Not Required to Collect

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