Information
A guide to misdemeanor and felony hearing types in the New Mexico criminal justice system.
Misdemeanor Hearing Types
Bond Arraignment
This hearing is where the judge informs the defendant of what they are being charged with as well as the possible penalties. The defendant will enter a plea of guilty or not guilty (99.9% of the time it is not guilty as this preserves their rights and allows them to mount a defense). Defendants get their Conditions of Release at this hearing which usually include conditions like a no-contact order.
Victim attendance is not required.
Pre-Trial Conference
This hearing is a short check-in in which the prosecution and defense will touch base regarding the case, make sure that both sides have all of the same information, and that the case is progressing appropriately.
Victim attendance is welcome but not required. This hearing may be telephonic.
Status Conference
This hearing is another kind of check. It is basically an opportunity for everyone to check and see where the case is at.
Victim attendance is welcome but not required. This hearing may be telephonic.
Review Conditions of Release Hearing
This is a hearing in which the defendant's conditions of release will be reviewed. This could be because of a Conditions of Release Violation or because the defendant is requesting a modification (e.g., removing the no contact order so they can have peaceful contact with the victim).
Victim attendance may be required. Hearing may be telephonic or in person.
Conditions of Release Violation Hearing
This hearing is to address the defendant violating their conditions of release.
Victim attendance may be required. Hearing may be telephonic or in person.
Evidentiary Hearing
This is another hearing with the purpose of addressing conditions of release violations. This hearing is usually more in-depth and may result in the defendant being held in custody.
Victim attendance may be required. Hearing may be telephonic or in person.
Probation Violation Hearing
Similar to a Conditions of Release Violation hearing. This hearing is to address a violation of the conditions of release or violations of probation.
Victim attendance may be required. Hearing may be telephonic or in person.
Motion Hearing
A hearing that can go over any number of things. Can be to discuss specific issues in the case, can be to check-in, or may be to review conditions of release. Usually, there will be more information about why this specific hearing is being held.
Victim attendance may be required. Hearing may be telephonic or in person.
Plea Hearing
This is a hearing in which we will find out if the defendant will accept a plea. Case may be resolved at this hearing. Usually in person.
Victim attendance is welcome but not required. Victim may get a chance to speak (victim impact statement).
Sentencing Hearing
This hearing is where the defendant is sentenced or enters a plea agreement. Usually in person.
Victim attendance is welcome but not required. Victim may get a chance to speak (victim impact statement).
Bench Trial
Trial in front of the judge only. No jury.
Victim attendance is required; they will receive a subpoena.
Jury Trial
Trial in front of jury.
Victim attendance is required; they will receive a subpoena.
Felony Hearing Types
Felony First Appearance (FFA)
Takes place following the defendant's arrest. Defendants are informed of the charges and given COR. A preventative detention motion (PDM) may be filed at this time. If so, the defendant will remain in custody until the detention hearing.
Victim attendance is welcome but not required.
Detention Hearing
Set after a PDM is filed. Judge hears arguments from both sides and determines if they will hold or release the defendant with COR.
Victim attendance is welcome but not required.
Grand Jury (GJ)
A hearing to determine probable cause. A group of 12 random jurors hear the facts of the case and determine if they think we have enough to proceed. If yes, the defendant is indicted. If not, the case is dismissed.
Victim attendance not permitted.
Preliminary Examination (Prelim)
A different type of probable cause hearing set in front of a Judge. Proceeds like a mini trial where the victim typically has to testify. Judge will then determine if they think we have enough to proceed.
Victim attendance typically required; they will receive a subpoena.
Arraignment
This hearing is where the defendant is advised of the charges they were indicted/bound over on. Defendant enters a not guilty plea at this hearing.
Victim attendance is welcome but not required.
Scheduling Conference
A short hearing where the Judge assigns the case a track and provides the attorneys with the deadlines for the case.
Victim attendance is welcome but not required.
Motion Hearing
A hearing that takes place when either attorney has filed a motion. Can be over a variety of topics or issues.
Victim attendance is welcome but not required.
Pre-Trial Conference / Docket Call
This hearing is where the attorneys inform the court if a plea will be accepted or if the case needs to be set for trial.
Victim attendance is welcome but not required.
Change of Plea Hearing
A hearing set for the defendant to change their plea from not guilty to guilty/no contest. Sentencing may follow immediately after or be set for another date.
Victim attendance is welcome but not required.
Sentencing Hearing
This hearing is set for the defendant to be sentenced. This can be following a change of plea hearing or a trial conviction.
Victim attendance encouraged but not required. This is the hearing where they may make their impact statement (optional).
Status Conference / Hearing
A hearing to check on the status of the case.
Victim attendance is welcome but not required.
Compliance Hearing
This hearing is set when a defendant is alleged to have violated their conditions of release.
Victim attendance may be required depending on the violation.
All Pending Matters
Another status check. Set to address any pending motions or issues.
Victim attendance is welcome but not required.
Competency Hearing
This hearing is set to determine if a defendant is competent to stand trial or not after competency has been raised. Takes place after an evaluation.
Victim attendance is not permitted.
Dangerousness Hearing
Felonies only. If a defendant is determined to be incompetent, we may raise dangerousness.
Victim attendance may be required for testimony. If so, they will receive a subpoena.
Jury Trial
Where the case is heard by a group of jurors who will either convict or acquit the defendant.
Victim attendance may be required for testimony. If so, they will receive a subpoena. Otherwise, victim attendance is welcome but not required.