Presuming that the "young man" is incarcerated on state charges rather than federal charges, state law applies. You want to calculate the "fixed number of days," before he goes to trial on a speedy trial, here you go. Knock yourself out.
5-604. Time of commencement of trial.
A. Arraignment. The defendant shall be arraigned on the information or indictment within fifteen (15) days after the date of the filing of the information or indictment or the date of arrest, whichever is later.
B. Time limits for commencement of trial. The trial of a criminal case, or an habitual criminal proceeding shall be commenced six (6) months after whichever of the following events occurs latest:
(1) the date of arraignment, or waiver of arraignment, in the district court of any defendant;
(2) if the proceedings have been stayed to determine the competency of the defendant to stand trial, the date an order is filed finding the defendant competent to stand trial;
(3) if a mistrial is declared or a new trial is ordered by the trial court, the date such order is filed;
(4) in the event of an appeal, including interlocutory appeals, the date the mandate or order is filed in the district court disposing of the appeal;
(5) if the defendant is arrested or surrenders in this state for failure to appear, the date of arrest or surrender of the defendant;
(6) if the defendant is arrested or surrenders in another state or country for failure to appear, the date the defendant is returned to this state;
(7) if the defendant has been placed in a preprosecution diversion program, the date of the filing with the clerk of the district court of a notice of termination of a preprosecution diversion program for failure to comply with the terms, conditions or requirements of such program;
(8) the date the court allows the withdrawal of a plea or the rejection of a plea made pursuant to Paragraphs A to F of Rule 5-304 NMRA.
C. Extension of time by district court. For good cause shown, the time for commencement of trial may be extended by the trial judge provided that the aggregate of all extensions granted by the trial judge may not exceed three (3) months.
D. Extension of time. For good cause shown, the time for commencement of trial may be extended by the Supreme Court or a justice thereof.
E. Procedure for extensions of time. The party seeking an extension of time shall file with the clerk of the court a verified petition for extension concisely stating the facts petitioner deems to constitute good cause for an extension of time to commence the trial. The petition shall be filed within the applicable time limits prescribed by this rule, except that it may be filed within ten (10) days after the expiration of the applicable time limits if it is based on exceptional circumstances beyond the control of the state or trial court which justify the failure to file the petition within the applicable time limits. A party seeking an extension of time shall forthwith serve a copy thereof on opposing counsel. Within five (5) days after service of the petition, opposing counsel may file an objection to the extension setting forth the reasons for such objection. No hearing shall be held except upon order of the court. If the court finds that there is good cause for the granting of an extension beyond the applicable time limit, it shall fix the time limit within which the trial must commence.
F. Effect of noncompliance with time limits. In the event the trial of any person does not commence within the time specified in Paragraph B of this rule or within the period of any extension granted as provided in this rule, the information or indictment filed against such person shall be dismissed with prejudice.
G. Applicability. This rule shall not apply to cases appealed from the metropolitan, magistrate or municipal court.
[As amended, effective September 1, 1998; May 1, 2000.]
