When someone becomes a victim of a crime in New Mexico, the law provides more than just the hope of justice — it also grants specific rights and avenues for financial support. At Martinez, Hart, Sanchez & Romero, we believe every victim deserves to know and exercise those rights. Here’s a detailed look at what New Mexico law provides and how victims can seek compensation.
Understanding Victims’ Rights Under New Mexico Law
New Mexico places a strong emphasis on the rights of victims. Under the state Constitution, crime victims are guaranteed fundamental protections, including fair treatment, dignity, timely notifications, and protection from the accused.
State statutes further codify these rights. Victims have the right to:
- Be treated with fairness, dignity, and respect throughout the criminal justice process.
- Request a timely resolution of the case.
- Be reasonably protected from the accused offender.
- Receive notice of court proceedings and updates about the case.
- Attend public proceedings where the accused has the right to be present.
- Confer with prosecutors to stay informed and engaged in the process.
- Make a victim-impact statement at sentencing and post-sentencing hearings.
- Demand restitution from the convicted individual to compensate for specific losses incurred as a result of the crime.
- Obtain information about the accused’s conviction, sentencing, imprisonment, escape, or release.
- Request that the prosecuting attorney notify their employer if cooperation requires them to miss work.
These rights ensure that victims are not sidelined in the justice process — they have a voice, access to safety, and an opportunity to participate meaningfully throughout the proceedings.
How Victims Can Seek Compensation in New Mexico
Legal rights are crucial, but victims may also need financial relief. New Mexico provides a formal mechanism for victims to seek compensation for eligible losses through the Crime Victims Reparation Commission (CVRC).
Who Qualifies?
- The crime must have occurred in New Mexico.
- The victim must have suffered physical injury or severe mental distress due to certain violent crimes, such as assault, sexual assault, kidnapping, murder, or stalking.
- The crime must be reported to law enforcement or an appropriate medical or mental health professional.
- A formal application must be submitted, usually within two years of the incident, although some exceptions may apply.
- The victim must cooperate fully with law enforcement and the Commission.
What Can Be Compensated?
The CVRC may provide financial support for eligible expenses, including:
- Medical and dental treatment, including ongoing care
- Mental health counseling
- Funeral and burial costs
- Lost wages or income resulting directly from the crime
- Medically necessary devices, such as glasses or medical equipment
- Travel expenses related to medical treatment or court appearances, in some cases
It is important to note that the Commission does not cover property loss, pain and suffering, or attorney’s fees. Once an application is submitted, the Commission thoroughly reviews the request. Victims may also request a hearing if they disagree with the decision.
Why Legal Representation Matters
While the rights and compensation program exists by law, navigating the criminal justice system — cooperating with law enforcement, submitting applications correctly, and pursuing restitution — can be complex and emotionally taxing. Legal guidance can ensure that your rights are fully protected, deadlines are met, and paperwork is handled properly, giving you the best chance of securing the support you deserve.
New Mexico Crime Victim Attorneys
At Martinez, Hart, Sanchez & Romero, we understand the challenges crime victims face. If you or a loved one has been harmed, you do not have to navigate this process alone. Our firm is committed to standing by victims across New Mexico, protecting your rights, guiding you through the legal process, and helping you seek restitution and compensation.
Contact us today at (505) 806-1780 or visit our office for a complimentary consultation. Let us help you pursue justice and recovery.