Can I drop the charges if I am a victim in a domestic violence or criminal case?
No. Only the District Attorney's office has the authority to file or drop criminal charges, though victim input is heavily considered.
How does the DA decide whether to file charges?
Prosecutors review the strength of the evidence, witness credibility, legal standards, and whether prosecution serves the public interest.
What happens at an arraignment?
The defendant is formally told what charges have been filed against them, advised of their constitutional rights, and asked to enter a plea. Bail conditions are also set by the judge during this hearing.
What is a Victim Advocate?
A Victim Advocate is a staff member who helps victims navigate the legal system. They provide emotional support, updates on court dates, assistance with protective orders, and help filling out paperwork.
Can a minor be tried as an adult in New Mexico?
Yes, depending on their age and the offense. State law divides youth into three categories:
Serious Youthful Offenders: Juveniles aged 15–18 charged with First-Degree Murder. They bypass the juvenile system and automatically face adult penalties.
Youthful Offenders: Juveniles aged 14–18 charged with specific violent felonies. They receive a special hearing where a judge decides if they will receive a juvenile or adult sentence.
Delinquent Offenders: Juveniles who can only receive juvenile-level sanctions.
What is the maximum sentence for a standard juvenile case?
For standard delinquent offenders, New Mexico law typically limits the length of time a child can be committed to a secure juvenile facility to two years, with an emphasis on counseling, family therapy, and community service.
