What Is A Preliminary Hearing In New Mexico

An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court.

The burden of proof at these hearings is on the prosecutor and he/she must show that: there is enough probable cause to show that a crime was committed, and. there is enough probable cause to believe that the defendant is the person who committed that crime.

Investigation. Charging. Initial Hearing/Arraignment. Discovery. Plea Bargaining. Preliminary Hearing. Pre-Trial Motions. Trial.

The purpose of the preliminary hearing is to determine if there is enough evidence to justify holding the defendant to answer for the alleged charge(s), which includes any misdemeanors that are charged along with the felonies. It's our job to try to convince the judge that there is not.

At the pre-preliminary hearing conference, the defense and prosecution meet to discuss a possible plea bargain on the case.After hearing all the witnesses and viewing all the evidence presented, the judge decides whether the prosecutor has established probable cause to support the charges.

Finding by a grand jury that there is probable cause to believe a crime occurred and the defendant is the person who committed it.Preliminary hearing is a screening device to determine whether there is probable cause to believe that the defendant committed the crime charged.

The burden of proof for the prosecution at a preliminary hearing is probable cause, which means the prosecution must show its evidence could convince a reasonable jury that there is strong suspicion that you are guilty of the crime.

Is there probable cause to believe the alleged crime occurred and did it occur within the court's jurisdiction? Is there probable cause to believe that the defendant committed the crime?