The Criminal Process
 

The process begins when law enforcement files a criminal complaint against an individual. This document formally accuses the person of committing a crime.

The prosecutor reviews the evidence and decides whether to file charges. If charges are filed, the defendant is officially accused of committing a crime.

If an arrest is made, the accused is brought before a judge for an initial appearance.  At this stage, the defendant is informed of the charges, their rights, and the judge may set bail.

In many cases, the defendant is entitled to a preliminary hearing, where a judge determines whether there’s enough probable cause to proceed with the case. Alternatively, the case may be presented to a grand jury to determine whether formal charges should be brought.

After a preliminary hearing, the defendant is formally arraigned in court and enters a plea (guilty, not guilty, or no contest).  If the defendant pleads guilty or no contest, sentencing may follow immediately. If not guilty, the case proceeds to trial.

Pre-trial motions may be filed to address issues like evidence admissibility or other legal matters. The defense and prosecution meet for a pre-trial conference to discuss potential plea deals or trial preparation.

If the case goes to trial, it’s either a bench trial (judge decides) or a jury trial.  The prosecution and defense present evidence, examine witnesses, and make arguments. The jury (or judge in a bench trial) renders a verdict of guilty or not guilty.

If the defendant is found guilty, a sentencing hearing is scheduled.  The judge determines the appropriate sentence, which may include probation, jail time, fines, or other conditions.

If the defendant is convicted, they have the right to appeal the conviction to a higher court (typically the New Mexico Court of Appeals).  The appellate court reviews the trial proceedings for legal errors, but does not retry the case.  If the appeal is successful, the conviction may be overturned, and the case may be sent back for a new trial or result in reduced charges.