What to Expect During a Criminal Trial in New Mexico<br>
What to Expect During a Criminal Trial in New Mexico
Facing a criminal trial can be a daunting experience, especially if you’re unsure about what to expect. Understanding the process can help alleviate some of the stress and empower you to work with your attorney on the most effective defense. In New Mexico, the criminal trial process involves several critical steps, each with its own set of procedures, legal considerations, and rights for the accused. Here, we’ll walk you through each stage so you can approach your trial with a clear understanding of what’s involved.
1. The Arraignment
The arraignment is the first formal step in a criminal trial in New Mexico. During this hearing:
– The Charges Are Read: The judge will read the charges filed against you, so you understand what the state is accusing you of.
– Plea Entry: At this point, you will enter a plea of guilty, not guilty, or no contest. Most defendants plead not guilty initially, allowing time for your attorney to build a defense.
– Bail Considerations: The judge will decide whether to set bail, release you on your own recognizance, or keep you in custody until the trial. Bail decisions are based on factors such as the severity of the crime, your criminal history, and whether you’re considered a flight risk.
It’s crucial to have an attorney with you during this initial stage. They can argue for reasonable bail conditions and start laying the groundwork for your defense.
2. Pre-Trial Motions and Hearings
Pre-trial motions and hearings occur after the arraignment but before the trial officially begins. These are critical opportunities for your attorney to challenge the prosecution’s case and potentially reduce the charges or even get them dismissed. Common pre-trial motions include:
– Motion to Dismiss: This motion asks the judge to dismiss the case due to insufficient evidence or procedural violations.
– Motion to Suppress Evidence: If evidence was obtained illegally, your attorney might file a motion to suppress, asking the judge to exclude it from the trial.
– Motion for Discovery: This motion requires the prosecution to share the evidence they have against you, allowing your attorney to prepare a defense.
Each of these motions can significantly impact your criminal trial in New Mexico, potentially strengthening your defense or weakening the prosecution’s case.
3. Jury Selection (Voir Dire)
If your case goes to a jury trial, the jury selection process, also known as voir dire, is next. The jury selection process aims to find impartial jurors who will fairly evaluate the evidence. Here’s what typically happens:
– Questioning Potential Jurors: Both the defense and prosecution will ask questions to potential jurors to determine any biases or conflicts of interest.
– Challenges for Cause: If a potential juror appears biased or otherwise unfit, either side can challenge for cause and ask the judge to dismiss them from the jury pool.
– Peremptory Challenges: Each side also has a limited number of peremptory challenges, which allow them to dismiss a juror without giving a reason, as long as it’s not discriminatory.
Selecting the right jury is critical, as their perspectives and biases can influence the outcome of your criminal trial in New Mexico. Your attorney will use their knowledge of the case and experience in jury selection to advocate for a fair jury.
4. Opening Statements
After the jury is selected, the trial officially begins with opening statements. During this phase:
– Prosecution Goes First: The prosecution will lay out their case and outline the evidence they plan to present.
– Defense’s Turn: Your attorney will then give an opening statement, offering a preview of your defense and presenting an alternative narrative to the prosecution’s allegations.
Opening statements are not arguments; they are meant to provide a roadmap for the evidence each side intends to present. A strong opening statement can set the tone for the entire trial.
5. Presentation of Evidence and Witness Testimony
The presentation of evidence and witness testimony is the main body of the trial. This stage involves several rounds of questioning and the submission of physical evidence. Here’s a breakdown of what to expect:
– Prosecution’s Case-in-Chief: The prosecution presents its evidence first. They will call witnesses to testify, and your attorney will have the opportunity to cross-examine each witness to challenge their credibility or dispute their statements.
– Defense’s Case: After the prosecution rests, your attorney will present your defense. This may involve calling witnesses on your behalf, including expert witnesses if necessary. You may also have the option to testify, although this decision is one to make carefully with your attorney.
– Rebuttal: The prosecution may present additional evidence or call new witnesses in rebuttal to the defense’s case. Your attorney will then have the opportunity to cross-examine these witnesses as well.
During this phase, your attorney will work to cast doubt on the prosecution’s evidence and create reasonable doubt in the minds of the jury. Skilled cross-examination and strategic presentation of evidence are essential to your defense.
6. Closing Arguments
Once both sides have presented their evidence, the attorneys will make closing arguments. In New Mexico, the closing arguments are the final opportunity for each side to summarize their case and persuade the jury.
– Prosecution: The prosecution will go first, reiterating their key points and arguing why the evidence supports a guilty verdict.
– Defense: Your attorney will follow, highlighting weaknesses in the prosecution’s case and reminding the jury of any reasonable doubts raised during the trial.
Closing arguments are powerful because they frame how the jury should interpret the evidence they’ve seen and heard. This is the last chance for your attorney to make a compelling case for your innocence.
7. Jury Deliberation and Verdict
After closing arguments, the judge will provide the jury with instructions on the legal standards they must use to reach a verdict. The jury will then go into deliberation.
– Deliberation Process: The jury will discuss the evidence and vote on whether to convict or acquit. In a criminal trial in New Mexico, the jury’s verdict must be unanimous to convict.
– Verdict Announcement: If the jury reaches a verdict, they will return to the courtroom to announce it. If the jury cannot reach a unanimous decision, the judge may declare a mistrial, which could lead to a retrial or a different outcome, depending on the circumstances.
The jury’s verdict is the culmination of the trial. A verdict of not guilty results in an acquittal, while a guilty verdict moves the case to the sentencing phase.
8. Sentencing (If Found Guilty)
If you are convicted, the case proceeds to the sentencing phase. During sentencing:
– Presentencing Report: The court will consider a presentencing report prepared by a probation officer, detailing factors that could influence the sentence.
– Arguments from Both Sides: Both the prosecution and defense can present arguments and evidence regarding the appropriate sentence. Your attorney may advocate for leniency based on mitigating factors, such as lack of criminal history or family obligations.
– Judge’s Decision: The judge will ultimately determine the sentence based on New Mexico’s sentencing guidelines and any mitigating or aggravating factors.
Having an experienced attorney to advocate for a fair sentence can make a difference in the outcome of this phase.
Facing a Criminal Trial in New Mexico? Contact Bowles Law Firm
Navigating a criminal trial in New Mexico can be overwhelming, but you don’t have to face it alone. With the right legal representation, you can approach each stage of the process with confidence and a strong defense. Attorney Jason Bowles at Bowles Law Firm has 27 years experience as a federal prosecutor and private practitioner. He has been lead counsel in 88 trials in federal, state and military courts, both criminal and civil trials.
If you’re facing criminal charges, call Bowles Law Firm today for a free case review at (505) 217-2680 or chat with us live 24/7 by clicking the chat widget in the bottom corner of our website. Let our experienced team help you protect your rights and fight for the best possible outcome.
Read More
If I Am Arrested, What Are My Legal Rights In New Mexico?
When facing criminal charges in New Mexico, understanding your legal rights in New Mexico is critical. The legal system can be overwhelming, but knowing your rights can make a significant difference in how your case is handled and its outcome.
1. The Right to Remain Silent
One of the most fundamental rights in criminal defense is the right to remain silent. If you’re arrested, anything you say can be used against you in court. It’s important to refrain from answering any questions until you have a lawyer present. Invoking your Fifth Amendment right can prevent self-incrimination.
2. The Right to Legal Representation
In New Mexico, you are entitled to legal representation. If you can’t afford an attorney, the court will appoint a public defender to represent you. Having a skilled criminal defense lawyer on your side is crucial for navigating the complexities of the law, negotiating with prosecutors, and building a strong defense.
3. The Right to a Fair Trial
You have the right to a fair and speedy trial by a jury of your peers. This includes the right to present evidence, call witnesses, and cross-examine the prosecution’s witnesses. Your attorney will work to ensure that your trial is conducted fairly and that all evidence is presented in your favor.
4. Protection Against Unreasonable Searches and Seizures
The Fourth Amendment protects you from unlawful searches and seizures. Police officers must have a warrant or probable cause to search your home, car, or personal belongings. If your rights were violated during a search, any evidence obtained may be deemed inadmissible in court.
5. The Presumption of Innocence
In New Mexico, as in the rest of the United States, you are considered innocent until proven guilty. The burden of proof lies with the prosecution, which must demonstrate your guilt beyond a reasonable doubt. Your defense attorney will work to challenge the evidence against you and highlight weaknesses in the prosecution’s case.
Conclusion
Understanding your rights in a criminal defense case is essential for ensuring that you are treated fairly throughout the legal process. If you or a loved one is facing criminal charges in New Mexico, it’s important to consult with an experienced attorney who can advocate for your rights and guide you through the complexities of the legal system.
If you are looking for a criminal defense lawyer in New Mexico, call Bowles Law Firm (505) 217-2680 for your free case review.
Attorney Jason Bowles founder of Bowles Law Firm has 27 years experience as a federal prosecutor and private practitioner. He has been lead counsel in 88 trials in federal, state and military courts, both criminal and civil trials. Most recently, Mr. Bowles tried a medical malpractice case in state court in New Mexico, and achieved a multi-million dollar verdict for his client. Mr. Bowles has also handled over 40 appeals in state and federal courts in New Mexico, Texas and the District of Columbia.
With a genuine concern for his clients, Mr. Bowles provides sound and knowledgeable counsel for his clients. He offers dedicated and aggressive legal services to his clients, firmly committed to their needs. He helps his clients navigate through this difficult time in their life and communicates regularly with them and keeps them informed throughout the process.
Learn more about Jason Bowles attorney at law and contact Bowles Law Firm for your free consultation.
Read More
What is the federal tort claims act?
What is the federal tort claims act?
The Federal Tort Claims Act is an exception to the rule against suing the federal government. It sets requirements needed to pursue a claim for negligence.
Bringing Suit via the Federal Tort Claims Act
Under the law, private citizens have historically been unable to sue the United States in federal court for injuries caused by negligent or wrongful conduct on the part of someone acting on behalf of the federal government. The barring of these types of suits is due to a doctrine referred to as sovereign immunity, which says private persons can only file a legal suit with the government’s permission. The Federal Tort Claims Act (FTCA), however, provides a limited waiver of sovereign immunity and sets out the areas in which private persons can bring a suit against the government.
Highlights of the FTCA
The FTCA limits the permitted legal actions by time, subject matter, and the nature of the injury. Here are some of the highlights of the Act:
- The FTCA establishes a two-year limitation on filing, but the timeframe may be shortened based on certain factors.
- The FTCA bars recovery of punitive damages.
- The law does not allow recovery for intentional misconduct.
- The cause of injury must be by persons acting within the scope of their employment.
- The offending acts must have been actionable under the law of the state in which the injury occurred.
- The plaintiff must first exhaust administrative remedies by filing a claim with the federal agency that employed the person that caused the injury or loss.
Filing the Federal Lawsuit
The law requires a plaintiff to first file a claim with the local federal agency that employed the offending party. The agency then has a period of 180 days to make a decision. If the agency decides against the claim or fails to issue a decision, the plaintiff can file a federal suit.
The plaintiff must file suit in the federal district court presiding over the area in which the injury occurred. The suit cannot seek more damages than the original claim unless the additional damages are supported by new evidence.
Whether you need an auto accident lawyer in Albuquerque or a wrongful death attorney in Albuquerque, Bowles Law Firm offers experienced personal injury attorneys for Albuquerque residents. We can even provide you with an expert medical malpractice attorney in New Mexico if you need to pursue federal negligence claims. Turn to us to find more information on the FTCA and learn how experienced criminal defense attorneys in Albuquerque can help with your claim.
Read More
Can I Own A Gun If I Have A Medical Card In New Mexico?
If you are looking for a cannabis lawyer in Albuquerque learn more about what we do.
Gun Ownership Medical Card New Mexico
New Mexico has specific policies on gun ownership and recreational usage of marijuana. Guns have few controls, and marijuana is restricted to medical use.
Update on New Mexico Gun Ownership and Marijuana Laws
Gun ownership in New Mexico
New Mexico permits gun ownership at will and does not restrict the purchase of weapons, including assault weapons. The law permits open carry of long guns and handguns, both loaded and unloaded. Cities and localities may not issue laws restricting the ownership or use of handguns except to restrict the discharge of weapons within their boundaries.
The Concealed Handgun License
New Mexico has few restrictions on gun ownership and requires a license only for concealed handguns. To receive the state’s concealed handgun license (CHL), one must submit to a background check for mental illness and past criminal record. The CHL also requires gun safety training for those without prior military or police service.
Medical Marijuana
Marijuana is an illegal drug or controlled substance in New Mexico. It is also a controlled substance under federal law. The state considered but has not fully authorized the recreational use of marijuana or regulated sale to the public. New Mexico authorized the use of marijuana for medical treatment in 2016. Lawful use of medical marijuana requires a medical marijuana card.
Medical Marijuana Cards
Those who have a medical marijuana card in New Mexico must qualify medically and comply with rules concerning use and distribution. Medical marijuana is lawful for those diagnosed with one of 15 medical conditions. These include cancer, HIV, epilepsy, and chronic arthritis. People in hospice care also qualify for a medical marijuana card. A licensed physician must make the diagnosis and issue the medical marijuana prescription.
Medical marijuana cards authorize the holder to purchase and possess up to 6 ounces of medical marijuana or grow up to 16 marijuana plants. The card authorizes personal use only and does not entitle the holder to sell or otherwise distribute marijuana.
New Mexico makes the medical use of cannabis LEGAL, as you know, with a medical cannabis card, which you may have. However, marijuana usage is still ILLEGAL under federal law, and marijuana is still classified as ILLEGAL under federal law. Along with that, the federal gun statutes, specifically 18 U.S.C. 922, makes it unlawful for any “user of illegal drugs…” to possess a firearm. So the reality is, that if you USE marijuana with your medical card, and you have a firearm, you are violating federal law. You are not violating NM state law, but you would be in violation of the federal statute. Now, the ATF has not extensively pursued cases against persons who possess a medical card and have firearms but there have been occasional federal criminal prosecutions for violations of this statute.
Providing Knowledgeable Legal Assistance
In conclusion, it is important to understand the laws for Gun Ownership Medical Card New Mexico. Those who have had issues with gun ownership or marijuana laws in New Mexico can contact Bowles Law Firm for legal assistance from a criminal defense attorney in Albuquerque. We are also the medical malpractice attorney New Mexico negligence victims rely on and the wrongful death attorney for Albuquerque surviving families. Moreover, if you need an auto accident lawyer in Albuquerque or an experienced personal injury attorney for Albuquerque cases, call us to get the assistance you deserve.
Read More
DUI Attorney Albuquerque | What should you do if you are stopped for suspicion of DWI?
What should you do if you are stopped for suspicion of DWI?
Need a DUI Attorney Albuquerque? Have you been stopped for DWI? A DWI is a serious charge that can have a huge impact on your life. If you’re ever stopped on suspicion of DWI, it’s important to know how to handle it. Learn more from DUI Attorney Albuquerque Bowles Law Firm.
What to Do When Stopped for Suspicion of DWI
When a police officer stops you under the suspicion that you’ve been driving while intoxicated (DWI), what you do during the stop could affect whether you find yourself in need of a criminal defense attorney in Albuquerque. This is what you should do to give yourself the best chance of avoiding any legal troubles.
Keep Your Answers Concise
One of the reasons that an officer questions you is to evaluate your condition. They’ll look for indicators of intoxication, such as slurring your words. These indicators can give them the probable cause they need to check your blood alcohol content (BAC).
It’s best to use short, to-the-point answers. Limit the interaction between you and the officer while remaining polite and cooperative. Keep in mind that it is within your rights to decline to answer any questions you are asked.
Don’t Mention Any Drinking
This may seem like a no-brainer, but many an auto accident lawyer in Albuquerque has seen a client who admitted to having “a couple of drinks” to a police officer. Even if you just had a single drink, don’t say that. You won’t get any points for being honest. The officer can just use that as part of their probable cause for testing your BAC.
Decline Field Sobriety Tests
Here’s something many people don’t realize and the police would rather you didn’t know: Field sobriety tests are completely voluntary, and you should never take them. If an officer asks you to take one, they already suspect you drove drunk and are just looking to build more evidence for their case.
Get Legal Help if You’re Arrested – DUI Attorney Albuquerque
When you’re arrested for DWI, it’s important to get in touch with a skilled lawyer. This is true even if you’re later released, as the police may have done something illegal or improper. If they treated you poorly physically, a personal injury attorney in Albuquerque could help. If a nurse took your blood against your will to get your BAC, you could talk to a medical malpractice attorney in New Mexico about any possible legal recourse you may have.
If your BAC was over the legal limit, then you may need a DUI Attorney Albuquerque to defend you. Moreover, if you were charged with a DWI and involved in an accident, you may need the help of a personal injury or a wrongful death attorney in Albuquerque.
A DWI stop can be nerve-wracking, but with a little knowledge, you may be less likely to get arrested.
Read More