Felony Charging Process

The felony criminal process typically begins in the metropolitan court in the Albuquerque area, and in the magistrate courts in the remainder of the State of New Mexico.  However, the case must be transferred to State District Court for the felony prosecution.

The transfer to District Court occurs through a grand jury or preliminary hearing.  Each has the same purpose which is to determine whether or not there is probable cause to proceed with the criminal complaint on formal felony charges.  

The various judicial districts in New Mexico handle the process according to custom, and probably more importantly according to resources.  In Albuquerque, cases are sent to grand jury.  In Rio Rancho and Santa Fe, it is a mixed bag sometimes going to grand jury, sometimes going to preliminary hearing.    In most areas outside the major metropolitan areas of New Mexico, the case proceeds to preliminary hearing.  

Whether a case goes to grand jury or preliminary inquiry, a defendant should consult an experienced criminal attorney immediately upon receiving notice of the hearing.  In many cases, the grand jury or preliminary hearing can appear to be a mere formality.   In fact, it is often said that a grand jury could indict a ham sandwich.  However, there are occasions when a defense at this stage can prove successful.    As such, a defendant should consult with an attorney as soon as possible upon learning of the hearing.