Form 10-723, Arrest warrant, is the New Mexico Children's Court form that commands an officer to arrest a child on a finding of probable cause and deliver the child to an authorized place of detention. It is a Supreme Court approved form published by the New Mexico Judicial Branch for use with Rule 10-215 NMRA, and it includes a return section where the arresting officer records the arrest and service. On FillingPDF you can fill out the form online and download or print the completed PDF; the official PDF is published at nmcourts.gov.
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What is 10-723?
Form 10-723, Arrest warrant, is the New Mexico Children's Court form a judge signs to command an officer to arrest a child on a finding of probable cause and deliver the child to a place of detention authorized under the Children's Code.
The form is headed "For use with Rule 10-215 NMRA" and is captioned State of New Mexico, County, Judicial District, In the Children's Court. It is addressed "to any officer authorized to execute this warrant." The top block identifies the child (date, date of birth, SSN, gender, race, AKA, gang affiliation, address, height, weight, eyes and hair). The body states the charge, described by its common name, and requires one of two allegations to be checked: that the child is a delinquent child, or that the child is in violation of conditions of probation, release, or supervised release. The judge dates and signs it as Judge, District Court, Children's Court Division.
The lower part is the Return Where Respondent Is Found. The officer enters the date of the arrest and the date a copy of the warrant was served, states that the local juvenile probation officer was contacted immediately, and signs with a title.
The printed use note explains how this form relates to its neighbor: either Form 10-723 or the form approved for arrest warrants in adult criminal proceedings may be used in delinquency cases in the Children's Court. The form was originally numbered 10-410 and was recompiled and amended as 10-723 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.
Who needs to file 10-723?
The form is used in the Children's Court Division of a New Mexico district court. The judge who finds probable cause dates and signs it, and it is directed to any officer authorized to execute it.
- Judges in delinquency cases. The warrant names a child as the respondent and states that the child is alleged to be a delinquent child or to be in violation of conditions of probation, release, or supervised release.
- Arresting officers. The officer who arrests the child completes the Return Where Respondent Is Found: the date of arrest, the date of service, a signature and a title. The form says to contact the juvenile probation officer immediately upon arrest.
- Courts choosing between forms. The use note says either this form or the form approved for arrest warrants in adult criminal proceedings may be used in delinquency cases in the Children's Court, so this form is not the only option there.
The form is written for a child respondent. It does not describe any other kind of proceeding, and it names no role for the child or a family member in completing it.
When to file 10-723
The warrant is issued on a finding of probable cause, which the form recites as its basis, and it carries the date on which the judge dates it ("Dated this ___ day of ___"). The form prints no filing deadline or expiration date.
The return is completed after the arrest. The warrant commands the officer to deliver the child without unnecessary delay to a place of detention authorized under the Children's Code, and the form states twice, in the return and in the line beneath it, that the juvenile probation officer is to be contacted immediately upon arrest. The return also records the separate date on which a copy of the warrant was served on the child.
How to fill out 10-723
Complete the court caption
Enter the county and the judicial district, then the child's name in "In the Matter of ___, a Child" and the case number after "No." The caption already reads State of New Mexico, In the Children's Court.
Enter the child's identifying details
Fill in the date, the child's name, DOB, SSN, Gender, Race, AKA, Gang affiliation and Address. Use the Height, Weight, Eyes and Hair lines for the physical description.
State the offense charged
In the sentence that begins "BASED ON A FINDING OF PROBABLE CAUSE," write the charge on the line marked "state common name and description of offense charged."
Check one allegation
Under "Said child is alleged to be (check one)," mark either a delinquent child or in violation of conditions of probation, release, or supervised release.
Date the warrant for the judge
Complete "Dated this ___ day of ___, ___." The judge signs above the line reading Judge, District Court, Children's Court Division.
Record the arrest in the return
In the Return Where Respondent Is Found, the officer enters the day the respondent was arrested and the day a copy of the warrant was served, and states that the local juvenile probation officer was contacted.
Sign the return with a title
The officer signs on the Signature line and enters a Title. Upon arrest, the form says to contact the juvenile probation officer immediately.
Review, sign and download the PDF
Check that the allegation box, the charge and the dates are complete and that the judge's and officer's signature lines are ready for signing. Download or print the completed PDF from FillingPDF.
How to submit 10-723
The form names no submission channel, mailing address, portal or fee. It is a court order directed "to any officer authorized to execute this warrant," so the signed warrant goes to an officer for execution, and that officer completes and signs the return after the arrest.
- Judge's signature. The warrant takes effect only as dated and signed by the judge of the Children's Court Division.
- Officer's return. The arresting officer fills in the arrest date, the service date and a signature and title, and contacts the local juvenile probation officer immediately.
- Court procedures. How the signed warrant is filed in the case and delivered to the officer is set by the court handling the matter and Rule 10-215 NMRA, which the form cites. The New Mexico Judicial Branch publishes its approved forms, including Children's Court and Criminal forms, at https://nmcourts.gov/forms-library/.
FillingPDF lets you fill out and download the PDF; delivery of the warrant follows the court's own procedures, not FillingPDF.
Common mistakes to avoid
- Checking neither box, or both, in the "(check one)" allegation: the form asks for either a delinquent child or a violation of conditions of probation, release, or supervised release.
- Leaving the charge line without a common name and description of the offense charged, which the form asks you to state.
- Omitting the date or the judge's signature as Judge, District Court, Children's Court Division.
- Leaving out the officer's signature or title in the Return Where Respondent Is Found.
- Skipping either return date: the form records the day of arrest and, separately, the day a copy of the warrant was served.
- Failing to contact the juvenile probation officer immediately upon arrest, which the return and the line beneath it both call for.
- Assuming this is the only form allowed in a delinquency case; the use note also permits the form approved for adult criminal arrest warrants.
Frequently asked questions
What is Form 10-723, Arrest warrant?
Form 10-723 is the New Mexico Children's Court arrest warrant, approved by the Supreme Court for use with Rule 10-215 NMRA. A judge signs it to command an officer to arrest a child on a finding of probable cause, and the officer completes a return after the arrest.
Can the adult arrest warrant form be used instead of Form 10-723?
Yes, in delinquency cases. The use note printed on Form 10-723 says that either this form or the form approved for arrest warrants in adult criminal proceedings may be used in delinquency cases in the Children's Court.
What must the arresting officer do after arresting the child?
The officer delivers the child without unnecessary delay to a place of detention authorized under the Children's Code and immediately contacts the juvenile probation officer. The officer then completes the return with the arrest date, service date, signature and title.
What allegations can an arrest warrant on this form state?
One of two, and you check only one: that the child is a delinquent child, or that the child is in violation of conditions of probation, release, or supervised release. The charge is also written out by its common name and a description of the offense.
Who signs this arrest warrant?
A judge signs it, as Judge, District Court, Children's Court Division, after the warrant is dated. A different signature is on the return: the arresting officer signs and enters a title in the Return Where Respondent Is Found.
Can I fill out the arrest warrant form online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service: it does not issue, file or deliver the warrant, which follows the court's procedures and Rule 10-215 NMRA.
Is there a deadline to execute the arrest warrant?
The form prints no deadline or expiration date. It requires that the child be delivered without unnecessary delay to an authorized place of detention, and that the juvenile probation officer be contacted immediately upon arrest.
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