General Questions
Q: Can I drop a case of which I was a victim?
A: No. Once law enforcement agencies are involved, the case is prosecuted by the State on behalf of the victim. The case will be handled in accordance with the policies of the 11th Judicial District Attorney, Division, 1 and the laws of the State of New Mexico. The victim does not necessarily have to be involved to prosecute the crime.
Q:What is a pre-trial conference?
A: The pre-trial conference is a court hearing in which the prosecuting and defense attorneys go before the judge to check the status of the case.
Q:What is a preliminary hearing?
A: Preliminary hearings are felony hearings in the Magistrate Court where the evidence is reviewed by the prosecutor and the defense attorney with the magistrate judge. Witnesses and victims may be asked to testify. The magistrate judge will listen to the evidence of the case and make the determination to continue the case to the District Court level, where all felony cases are heard. If the magistrate judge does not see that there is enough evidence, the case is dismissed. If the magistrate judge believes the case has merit, he will pass it to the District Court level, where it will continue until final disposition.
Q: What does it mean if my case is declined?
A: All cases are reviewed by personnel of the DA's office to make sure that the charges are valid, meeting all of the legal requirements. If the case is declined by our office, the charges will not be filed and the defendant will not be required to go to court. Sometimes the case is referred back to the investigating agency for further investigation.
Q: What is the difference between a misdemeanor and a felony.
A: Misdemeanors are less serious offenses that can result in no more than one year of incarceration. Felonies are more serious crimes that are punishable by more than one year to life incarcerated.
Q: Where can I file a consumer complaint regarding a business, landlord and tenant, auto repair, or bill collecting harassment.
A: You can find a consumer complaint by calling the Bureau of Consumer Protection at 1-800-678-1508.
Questions for Victims
Q: What does the District Attorney's Office do for me?
A: If you are a victim of a crime the District Attorney's Office prosecutes the offender who committed the crime. In mant cases the law enforcement agency who files the charge will also prosecute the charge. In these instances the District Attorneys office is not directly involved. If you are in need of a Victim's Advocate the District Attorney's Office will help make one available, as well as helping you obtain other state or community resources.
Questions for Witnesses of Victims
Q: Can I contact the Prosecuting Attorney?
A: If you are a witness of a victim we encourage you to contact the prosecutor whenever you have questions.