Securing Justice for Victims of Crime in Doña Ana County

We Handle a Wide Variety of Cases, From Serious Felonies to Juvenile Offenses in Criminal Proceedings

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Byers
Gerald M. Byers Third Judicial District Attorney
Gerald M. Byers Third Judicial District Attorney

Gerald M. Byers is a career prosecutor with over 23 years of experience prosecuting cases ranging from DWI to Capital Murder.

  • Gerald personally responds to homicide crime scenes and officer-involved shooting incidents providing technical legal guidance to police agencies.
  • Gerald has personally handled or directed the prosecution of some of Doña Ana County’s most notorious criminal defendants such as Dominic Montoya, Corey Franklin, and Jesse Hanes (who murdered Hatch police officer José Chavez)
  • in 1980 he graduated from the United States Naval Academy and received a Naval Officer’s Commission, where he served for 11 years.
  • In 1995, He received his Juris Doctor from the University of New Mexico Law School in Albuquerque.
  • From 1995 to 2006, he has worked for different prosecution offices across New Mexico and Texas.
  • In 2013, he came to the 3rd Judicial District Attorney’s Office, in Las Cruces. In November 2020, Gerald was elected as the 3rd Judicial District Attorney for Doña Ana County. He began his service as the District Attorney, January 1, 2021.

Initiatives

Law Enforcement Integrity

We are committed to the investigation and review of officer-involved shootings, allegations of improper use of force, and other law enforcement misconduct. The District Attorney’s Office conducts an independent review of every officer-involved shooting that occurs within Doña Ana County and is also a member of the OIS task force.

Public Integrity

We will review and prosecute criminal crimes and abuses of the public trust by elected/appointed officials and government employees.

Child Abuse and Neglect

  • Computer crimes against children; such as online or phone solicitation of a minor, possession of child pornography, and sexual exploitation.
  • Abuse and Neglect resulting in injury, or death.
  • Drug or alcohol abuse.

Elder Fraud and Abuse

Our commitment to protecting the elderly and vigorously prosecuting those who would perpetrate scams and take advantage of or harm our senior citizens.

Worthless Check Program

To help victims recover their financial losses, this program holds first-time offenders accountable and reduces the negative effects of bad checks on local businesses. The program gives bad check offenders the opportunity to avoid criminal prosecution by paying immediately with full restitution.

Victim Services in Las Cruces, New Mexico

The Third Judicial District Attorney's Office plays a crucial role to provide justice for crime victims in Doña Ana County. We handle a wide variety of cases, from serious felonies to juvenile offenses in criminal proceedings.

The criminal prosecution process involves several key steps, each crucial to ensuring justice is served.

Investigation
Investigation

Law Enforcement agencies investigate the crime, gather evidence, and identify suspects.

Arrest
Arrest

If there's sufficient evidence, the suspect is arrested and taken into custody.

Charging
Charging

The District Attorney's Office reviews the evidence and decides whether to file charges. If charges are filed, the suspect becomes the defendant.

Initial Hearing/Arraignment
Initial Hearing/Arraignment

The defendant is formally charged in court, informed of their rights, and asked to enter a plea (guilty, not guilty, or no contest.)

Pretrial Proceedings
Pretrial Proceedings

This includes discovery (exchange of evidence between prosecution and defense), pretrial motions, and plea bargaining.

Trial
Trial

If no plea agreement is reached, the case goes to trial. Both the prosecution and defense teams present their evidence and arguments, and a judge or jury determines the defendant's guilt or innocence.

Verdict
Verdict

The judge or jury delivers a verdict. If the defendant is found guilty, the case moves to sentencing.

Sentencing
Sentencing

The judge imposes a penalty based on the severity of the crime, the defendant's criminal history, and other factors.