A criminal jury trial in New Mexico State Court is a legal event that determines the outcome of charges based on the guilty or not guilty decision of either 6 or 12 jury members. The State of New Mexico or prosecution carries the burden of proof and will present their version of the case before the court, a judge, and to the jury. The defendant has the right to cross examine the state’s witnesses and present a defense. The process includes opening and closing statements and presenting evidence.
After reviewing the facts, jurors must render a unanimous verdict of guilty for the state to get a conviction. The jury may also render a unanimous verdict of not guilty and the defendant will be acquitted of the charge or charges. If the jury is unable to reach a unanimous verdict, then the trial ends in a hung jury and the state MAY have the option of retrying the defendant.
Attorney, Marc A. Grano, walks you through the ins and outs of New Mexico criminal jury trials, including how they work, advantages and disadvantages, a review of the adjudication process, relevant laws, and more. Grano Law Offices, P.C. wrote this post for people facing charges looking for general information on how the criminal justice system works in New Mexico and how it might affect their defense.
How a Criminal Court Jury Trial Works in New Mexico
A criminal court jury trial is a legal event scheduled after the adjudication process of your case (more about that later in this post). The court will also call upon jury members to serve their civic duty, consisting of people who live, work, raise families, and play in your community that the charges are filed in. Upon selection, they must learn critical concepts that help our criminal courts determine if prosecutors met their burden of proof.
Rule 5-607 of the New Mexico Rules of Criminal Procedure prescribes a specific order of events that should occur at trial as follows:
- Step 1. Swear each juror into the case and provide one with initial instructions
- Step 2. The state presents its case, starting with opening statements; the defense can, too, or they may wait, followed up by prosecutors calling their witnesses to testify and presenting evidence to the jury. All state witnesses are subject to cross examination by the defendant through his or her defense attorney.
- Step 3. The defense has the right to present its case, starting with opening statements if previously reserved, followed up by presenting defense witnesses and defense evidence. The state has the right to cross examine the defense witnesses.
- Step 4. The state may submit rebuttal evidence if it has any.
- Step 5. The defense may respond with surrebuttal evidence or counterevidence against the prosecutor’s rebuttal evidence.
- Step 6. The state and defense make closing statements after jurors receive full jury instructions.
- Step 7. The state can make a rebuttal to the defense’s closing statement.
- Step 8. The jury deliberates and must unanimously agree upon whether you are guilty or not guilty on each count of every charge you face.
- Step 9. The jury foreman signs the verdict and is returned to the judge in open court, where the court reconvenes for a reading of the verdict.
As you can see, a jury trial is a highly organized proceeding where both parties present their cases and attack the other position. Nobody can predict how members of a jury will decide, making it risky to go to trial. However, convincing evidence and a favorable presentation of the facts can move mountains at trial. Always get legal advice about how your case could proceed to protect your rights, obligations, and goals.
Advantages and Disadvantages of Defending Your Case at a Jury Trial
The U.S. Constitution grants you the right to a criminal trial under the Sixth Amendment. As such, it is your unalienable right to defend yourself at a bench or jury trial. A jury trial takes place before your peers, while a bench trial takes place before a judge with sole discretion over the outcome. Your attorney will help you determine which type of trial may be more advantageous for your situation.
Are you curious about what this amendment says specifically? Some people find it comforting to read about their rights in context. Here is the exact text of the Sixth Amendment below:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
We want to remind you that you do not have to decide to defend yourself in a criminal court jury trial alone. A criminal defense attorney, like Marc, will review your case to determine your options and if defending yourself at a jury trial makes sense for your legal objectives. He will also help you weigh out the pros and cons.
Advantages
Some of the advantages of a criminal court jury trial include:
- Advantage 1. Your attorney will have a hand in choosing jurors: When a trial by jury is requested, the defense and the prosecution choose jurors. They can both strike prospective jurors from the jury, an advantage since your attorney can select members strategically.
- Advantage 2. Jurors may be more sympathetic than prosecutors: Your jury could be influenced by emotion and personal experience. This effect may work to your advantage since some jurors may be more inclined to support you.
- Advantage 3. The decision to convict must be unanimous: There is room for disagreement when twelve individuals must reach a verdict in criminal cases. Each juror will have their own opinion on the case and must reach a consensus on whether you are guilty or not. If one juror disagrees with the final verdict, all charges against you may be dropped.
Disadvantages
Some of the disadvantages of a criminal court jury trial include:
- Disadvantage 1. Jurors may be partial: Jurors are subject to various societal biases that may influence their interpretation of the evidence. As with all humans, jurors are fallible beings whose biases can lead to confirmation bias, giving more weight to the evidence that supports their preference.
- Disadvantage 2. Hung juries: Most juries can reach a unanimous verdict. In some cases, however, they cannot agree after several hours or days of deliberation. Typically, this results in the state having the option to retry the defendant before another jury.
- Disadvantage 3. Costly and time-consuming: Although cost should not be a factor in determining the value of juries, practicality is essential to consider. Moreover, the jury system imposes costs on the economy and the state. In addition to being able to claim expenses for their travel and food while serving on a jury, jurors may also be absent from work for sustained periods, potentially costing them and their employer.
Some people may consider the length of a jury trial considerable, especially when spanning weeks. However, the average time to complete a jury trial is just over two days from jury selection to verdict, according to the Second Judicial District Court’s website in Bernalillo County.
The Adjudication Process Prepares You for Trial
A district court criminal case involving county or state charges does not head straight for a jury trial the moment you want to take it in that direction. Instead, it must pass through several stages before making it on the court’s calendar. These stages, also known as the adjudication process, begin when the state has committed to putting you on trial for your actions.
Here are the four stages of the adjudication process after your arrest, including the arraignment, preliminary hearing, pretrial motion phase, and pretrial hearing, you will face if you want to take your case to a jury trial:
Stage 1. Arraignment/First Appearance
An arraignment is the first time you appear before a judge on a criminal charge. The judge will read your charges, and then you will enter into a guilty or not guilty plea. They might also set bail during the arraignment as well.
Stage 2. Preliminary Hearing
Courts schedule your preliminary hearing so the judge can hear evidence and testimony and determine if probable cause exists to move the case forward to trial. Essentially, they are trying to determine if (a) there is probable cause that e felony crime or crimes were committed and (b) that there is probable cause to be believe that the defendant committed the felony crime or crimes.
Stage 3. Pretrial Motion Phase
Prosecutors and defense lawyers use the pretrial motion phase to advance their strategy. A motion is a formal request to the court for a valid reason, such as evidence suppression, case dismissals, and production of discovery. Each motion will receive a hearing, usually within 30 days of filing, where the judge will review the merits of the request and decide on how to proceed.
Stage 4. Pretrial Hearing
A pretrial hearing sets the stage for the trial, where the court will consider issue simplification, obtaining admissions of fact, witness lists, and addressing other matters under Rule 5-603 of the New Mexico Rules of Criminal Procedure. They may also schedule the date and time of your trial.
A Note About Plea Agreements
A plea agreement, also known as a plea bargain, is a strategy where you can plead guilty to a lesser charge at any point before the trial phase. However, you should consider your legal options carefully. Discuss all plea agreements offered by prosecutors with your criminal defense attorney thoroughly. Before considering a plea, the defendant should fully understand the nature of the evidence against him or her and be aware of any potential legal issues or challenges to the state’s evidence.
Bench Trials: Another Risky Alternative
A fair and speedy trial is your constitutional right. However, you may waive this right and elect to defend yourself at a bench trial, whereby a judge acts as both the judge and jury. The defense typically chooses to hold a bench trial when the case is particularly complex or if they believe the jury would be overly biased, which could result in a more favorable outcome for the client.
Wrap-Up: Our Final Thoughts on Criminal Jury Trials in New Mexico
A jury’s unanimous verdict can make or break a case. The way facts and evidence are presented can sway the outcome in your favor. However, it is a double-edged sword, where the wrong approach could result in a guilty verdict.
Thanks to the Sixth Amendment, you are afforded the right to a speedy trial before 12 impartial jurors and alongside your defense attorney. Ensure you carefully consider the advantages and disadvantages of taking your case to a jury trial with an experienced attorney. Remember that bench trials, plea agreements, and pretrial dismissals can provide alternative pathways to justice.
Defending your charges successfully requires knowledge, skill, and experience. Prepare yourself with this information and follow the advice of your attorney. It could make the difference between losing your rights and walking away from your charges.
(p.s. If you want to read more about jury trials and love the movie My Cousin Vinny, check out this post from our blawg. We hope you enjoy it; it helps take your mind off things for a bit).
Do You Want to Speak with a Skilled Defense Lawyer?
At Grano Law Offices, P.C., we appreciate the gravity of your situation and will use our resources and results to help you decide on the right approach. With over 20 years of experience, our legal team has the resources, training, and local knowledge you may want to support your defense strategy, whether you go to trial or choose another option.
Find out more about what we think of your charges and how we could help you at no cost or obligation to you. Call (505) 426-8711 for your free case strategy session by phone or video conference.
