Information
Dedicated to finding missing children and bringing justice to families in New Mexico.
Accused
A person who is believed to have committed a crime but has not yet been put on trial.
Acquittal
A final decision by the judge or jury that the defendant is not guilty beyond a reasonable doubt of the crime charged.
Adjudicate
To decide an issue in a case.
Adjudicatory Hearing
A court event in which the judge will adjudicate or convict the defendant. A sentencing hearing or hearing for final disposition will normally follow.
Affidavit
A statement of facts that is written down and the truth of which is sworn to before an officer who can administer oaths.
Affirm
A legal finding by a higher court on appeal that the ruling or decision of the lower court was legally correct.
Aggravating Factor / Circumstance
A factor or situation related to the defendant or the crime that may be used by the court to enhance the severity of the defendant's sentence.
Allegation
Something declared to be true in legal papers; a formal statement of fact as true but yet to be proven.
Alford Plea
The defendant does not claim guilt nor innocence toward charges filed against him or her. Like a nolo contendere/no contest plea, the defendant accepts the ramifications of a guilty verdict without admitting to having committed the crime.
Allocution
A statement of a convicted defendant or the victim before the defendant is sentenced.
Appeal
A request to a higher court to review a ruling or decision made by a lower court.
Arraignment
The hearing in which a person charged with a crime is arraigned in his or her first appearance before a judge. The charges are presented, and the opportunity to enter a plea is given.
Arrest Warrant
A warrant issued for the defendant's arrest when there is probable cause to believe the defendant committed a crime.
Assistant District Attorney (ADA)
An attorney employed by a District Attorney's Office representing the state in criminal proceedings. (Prosecutor)
Bail
A deposit of money, property, or bond with the court that allows the release of a suspect or defendant from jail before or after a criminal proceeding or trial has begun.
Bench Trial
A trial in which the judge will determine the verdict.
Bench Warrant
A warrant issued for the defendant's arrest due to a violation of one or more conditions set forth by the judge.
Bind-Over Order
Transfers a case from the Magistrate Court to the District Court for prosecution. The magistrate court does not have jurisdiction to adjudicate on felony cases.
Capital Felony
A felony for which capital punishment is a possible penalty.
Capital Punishment
A sentence of death.
Change of Plea Hearing
A hearing in which the defendant changes his plea from not guilty and enters into a plea agreement.
Charge
To formally accuse a person of committing a crime.
Competency
Refers to the mental ability to understand problems and make decisions. It is measured by the capacity to understand the proceedings, to consult meaningfully with counsel, and to assist in the defense.
Conditions of Release (COR)
The conditions a judge imposes on a defendant who is released from custody before a conviction or acquittal.
Contempt
Disobedience to a court order or misbehavior that interferes with the administration of justice or the integrity of the court.
Continuance
The postponement of a court proceeding to a later date.
Conviction
A decision that the defendant is guilty of committing a criminal offense beyond a reasonable doubt.
Count
A portion of a complaint that identifies one particular crime the defendant is accused of.
Cross Examination
The questioning, either during a hearing or trial, of a witness by a party opposed to the party that called the witness to testify.
Defendant
A person accused and charged with a crime.
Deposition
Oral testimony, given under oath and recorded in writing or by video during the discovery process.
Discovery
A process that occurs after a crime but before trial during which the prosecutor and defense exchange the evidence and information they each have about the case.
Dismiss / Dismissal
An order by a judge ending the prosecution of a case without deciding whether the defendant is guilty or innocent.
District Attorney (DA)
A public official appointed or elected to represent the state in a particular district and to oversee the prosecution of the crimes in that district.
Evidence
Testimony, documents, records, or objects presented by the prosecutor or defense during a hearing or trial to prove a particular fact or legal issue.
Felony
A serious crime that is generally punishable by imprisonment of more than one year.
Grand Jury
In felony cases, a group of jurors who hear the facts to determine if there is sufficient evidence to establish probable cause. If yes, a Grand Jury Indictment will be filed and prosecution will commence.
Guilty
A finding by judge or jury that the defendant committed the crime charged beyond a reasonable doubt.
Guilty Plea
A plea in open court by a defendant admitting that he or she is guilty of the crime charged.
Habitual Offender Enhancement
If a defendant has been previously convicted of a felony, the conviction may be used to enhance the defendant's sentence on the current felony conviction.
Hung Jury
A jury that cannot agree on a verdict by the necessary number of votes.
Indictment
A formal, written accusation that charges a defendant with a particular crime and is brought by the grand jury, rather than by the prosecutor.
Jury
A panel of citizens who hear evidence, testimony, and arguments of counsel at trial and decide whether the defendant is guilty of the crime(s) charged.
Misdemeanor
A crime that is usually punishable by imprisonment for not more than one year, a fine, or both.
Mistrial
A trial that ends before a verdict is given because of a hung jury, violation of a legal procedure, or due to serious misconduct occurring during the proceedings.
Motion
A formal written or oral request made to a judge for a specific order or ruling.
No Contact Order
An order by the court requiring that there be no contact, or only the limited contact expressly set forth by the court, between defendant and a victim or witness.
No Contest Plea
The formal plea of the defendant that he or she will not dispute the charge, but which does not admit guilt.
Not Guilty Plea
The formal plea of defendant denying that he or she committed the crime charged.
Objection
A formal statement to the judge by an attorney involved in a case that something that has occurred or is about to occur is legally improper and should not be permitted.
Parole
The release of an offender from imprisonment before his or her full sentence has been served, usually granted due to good behavior while in custody.
Perjury
The act of telling a deliberate lie while under oath.
Plea
A defendant's formal answer to charges denying or admitting guilt.
Plea Bargain / Agreement
A compromise reached between defendant and prosecutor that generally allows a defendant to plead guilty to a lesser offense or fewer of the counts in exchange for something offered by the prosecutor.
Preliminary Hearing
In felony cases, an initial hearing to determine that there is sufficient evidence to establish probable cause before the District Attorney can prosecute the case.
Preventative Detention
The state has to show clear and convincing evidence that the defendant is a danger to society, a flight risk, and assess their criminal behavior. If granted the defendant will be held in custody while the case is pending.
Probable Cause
A reasonable ground for belief that the defendant committed a specific crime or that an identified location contains specific items connected with a crime.
Probation
A judicially imposed sentence that, subject to specific conditions, allows the defendant to be released into the community instead of serving time in prison.
Reasonable Doubt
The belief that there is a real possibility that the defendant is not guilty.
Reparations
Compensation for an injury or wrong to make amends.
Restitution (Criminal)
Payment by defendant to the victim to compensate the victim, in full or part, for financial losses caused by the defendant.
Sentence
The punishment imposed on an offender.
Sentencing Hearing
This hearing is post-conviction either through a plea agreement or a conviction from trial. The judge will impose a sentence that is either agreed upon based on the plea agreement or will have discretion based on the charges they were convicted on.
Speedy Trial
The right of a defendant to have a case proceed to trial within a specified time, unless the defendant agrees to a continuance and waives the right to a speedy trial.
Statute
A law enacted by a legislative body.
Statute of Limitations
A statute setting the time limit by which a crime must be prosecuted.
Subpoena
A written order requiring a person to appear at a certain place and time to bring documents and/or to give testimony.
Suspect
A person thought to have committed a crime.
Testify
To answer questions and give evidence under oath at a trial, deposition, or hearing.
Trial
A hearing at which the jury or judge hears evidence and decides whether a defendant is guilty of the crime(s) charged.
Verdict
The decision of a jury or a judge whether the defendant is guilty.
Victim
Generally a person harmed by a crime, or the family or close friend of that person when he or she is incapacitated or was killed.
Warrant
An order based upon probable cause authorizing either the arrest of a person or the search of a person or place.
Witness
A person who testifies at a hearing or trial.