Facing a criminal charge in New Mexico can feel like your world is spinning out of control. Unfamiliar terms, your upcoming arraignment, court dates, and the frightening possibility of losing your freedom suddenly confront you.
The first significant step in this process is often the arraignment, a hearing that can fill you with anxiety and uncertainty. You may be wondering what will happen, what you should say, and what it all means for your future. At New Mexico Criminal Law Offices, we understand the stress you are under. Our team provides the guidance you need to navigate the criminal justice system with confidence, starting with understanding each critical step. Let’s explore what arraignments are and what you can expect.
What Is an Arraignment in New Mexico?
An arraignment is a formal court hearing that marks the official beginning of the criminal court case against you. During this proceeding, the judge will perform several key functions:
- Formally read the criminal charges that the prosecution has filed against you;
- Advise you of your constitutional rights, including the right to an attorney;
- Ask you to enter a plea to the charges, typically guilty, not guilty, or no contest; and
- Address the conditions of your pretrial release, if applicable, which could include setting, modifying, or revoking bail.
The decisions made during this hearing are critical, as they set the stage for the entire legal process that follows.
How Long After an Arrest Is the Arraignment?
In New Mexico, the law sets a clear deadline for a defendant’s first formal court appearance. This hearing, known as an arraignment, must take place within fifteen (15) days. This does not mean within 15 days of arrest. It means the arraignment must happen within 15 days of the State officially filing charges against you.
This is not the same as the charges the officers listed in your police report. The police list potential charges in the arrest affidavit. However, the State must take time to review the arrest report and decide if it will officially file charges against you. For misdemeanors and some felonies, this is called filing the “information.” For more serious felonies, the State may seek an indictment. If they do, then they must arraign you within 15 days of securing the indictment.
How Long Does an Arraignment Take?
While the legal process itself can be lengthy, the arraignment hearing is typically brief. In many cases, the entire proceeding can be over in just a few minutes. However, the amount of time you spend at the courthouse can vary significantly. Courts often schedule many arraignments for the same time slot, creating a crowded docket. You may have to wait for the court to call your case, which could take a couple of hours depending on the day’s schedule.
Can You Go to Jail at an Arraignment for Felony or Misdemeanor Charges?
Yes, the court can take you into custody at an arraignment. The judge will assess whether you pose a flight risk or a danger to the community. If the judge believes there are no conditions that can reasonably protect the public or ensure your appearance at future hearings, they can order you to be held in jail without bond until your trial. Having a strong legal advocate at your arraignment is essential so we can present compelling arguments and evidence on your behalf to fight for your release on reasonable terms.
What Happens When You Waive an Arraignment?
Waiving an arraignment means you agree to give up your right to have the charges formally read to you in open court. Instead of appearing at the hearing, your attorney files a legal document called a Waiver of Arraignment and Plea of Not Guilty with the court. This document informs the court that you have received a copy of the charges, understand your rights, and are pleading not guilty. The primary benefit is that you and your attorney do not have to personally appear for the arraignment hearing, saving you time, stress, and the need to take a day off from work.
Should I Waive My Arraignment?
In most situations, waiving the arraignment is a strategic and beneficial decision. It is an administrative step that moves the case forward without the need for a formal hearing. Pleading not guilty through a waiver does not harm your case; it preserves all your legal rights and defenses. It also prevents you from inadvertently saying something at the hearing that the prosecutor can use against you later. Because each case is different, it is helpful to discuss what happens when you waive your arraignment with your attorney so you can make an informed choice.
What Comes After the Arraignment?
After the arraignment, your case enters the pretrial phase, when we develop the core of your defense. The following steps in the legal process typically include:
- Discovery. The prosecution must turn over all the evidence they have against you, including police reports, witness statements, and physical evidence. They must also turn over any exculpatory evidence, which means evidence they have that tends to exonerate you.
- Pretrial conferences. We will meet with the prosecutor to discuss the case. These meetings are an opportunity to negotiate a potentially advantageous plea bargain, a dismissal of the case, or a reduction of the charges.
- Motion hearings. We may file pretrial motions to challenge the evidence against you. For example, we could file a motion to suppress evidence that the police obtained illegally or a motion to dismiss the case entirely due to a lack of evidence.
- Trial preparation. If we cannot reach a satisfactory plea agreement with the prosecution, we will begin preparing your case for trial.
This sequence of events is where a strong legal strategy becomes crucial for protecting your rights and fighting for a positive outcome.
Our #1 Priority: Clearing Your Name
A serious criminal charge puts your freedom, reputation, and future on the line. We built our entire approach around a single mission: clearing your name so that you can put this chapter behind you. This philosophy guides every action we take, from scrutinizing every piece of evidence to challenging the prosecution’s case at every turn. We are dedicated to building a defense aimed at achieving the best possible result, whether that is a dismissal, an acquittal at trial, or a favorable negotiation that protects your future.
Take Control of Your Defense Today
The time following an arrest is critical. Every decision made, starting with the arraignment, can have a lasting impact on your life. You do not have to face this intimidating process alone. Arming yourself with a knowledgeable and strategic legal team is the most crucial step you can take. Let us put our experience to work for you. Call us today and schedule your free case review.
Resources
- Arraignment after Arrest, New Mexico Rules of Criminal Procedure for the District Courts § 5-303(A), link.
- Pretrial Release, New Mexico Rules of Criminal Procedure for the District Courts § 5-401, link.
- Pretrial Detention, New Mexico Rules of Criminal Procedure for the District Courts § 5-409, link.
- Waiver of Arraignment, New Mexico Rules of Criminal Procedure for the District Courts § 5-303(J), link.