New Mexico

Law Grade
State Law Evasion Grade  Final
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

Assets Forfeited per
Law Enforcement Agency














Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)


Proceeds Returned to State

FY 2000


FY 2001


FY 2002


FY 2003


FY 2004


FY 2005


FY 2006


FY 2007


FY 2008




Average per Year



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

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