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New Mexico Waiver of Preliminary Examination of Hearing
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FAQ
The magistrate judge must hold the preliminary hearing within a reasonable time, but no later than 14 days after the initial appearance if the defendant is in custody and no later than 21 days if not in custody. (d) Extending the Time.
If the defendant waives the right to a preliminary hearing, the court moves on to the arraignment. If there is a contested hearing and the court finds probable cause, the matter is bound over for trial, which means the court moves on to the arraignment.
Investigation. Charging. Initial Hearing/Arraignment. Discovery. Plea Bargaining. Preliminary Hearing. Pre-Trial Motions. Trial.
A preliminary hearing is best described as a "trial before the trial" at which the judge decides, not whether the defendant is "guilty" or "not guilty," but whether there is enough evidence to force the defendant to stand trial.
Criminal defendants usually have the option to waive the preliminary hearing, but it happens very rarely and no defendant should do this without the advice of an attorney. If you waive a preliminary hearing, you allow the prosecution to proceed on criminal charges against you without having to present its evidence.
An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court.
A preliminary hearing has been described by many attorneys as a method for a court to screen out cases that cannot be later proven at trial. The court's job is to weigh the evidence.
Some of the common attributes of a preliminary hearing include:At the conclusion of a preliminary hearing, the charges will either be dismissed by a judge, reduced by the judge, or the defendant will be bounded over and forced to stand trial for the original charges.
By waiving the prelim, the defendant may prevent the testimony from coming in when trial time rolls around.In this situation, the defense may waive the prelim and move for several continuances (delays) of the trial date.