Ray Rojas Law L.L.C.

When you are accused of a crime, it can become quite complicated. Raymundo Rojas worked as a senior prosecutor and he is well-versed in over-zealous prosecutors, law enforcement officers who will not turn in evidence, and the overall unfairness of the system.

Q: What is a Preliminary Examination?

A: A Preliminary Examination is a court setting in which the prosecution has to prove there is probable cause to "bound over" your case to the felony court. It is a judge who decides if there is probable cause. In New Mexico, Preliminary Examinations are mostly done in the Magistrate Courts. Once "bound over," your case is transferred to the District Court to be prosecuted as felony. Before the pandemic, in Doña Ana County, preliminary examinations were seldom used. Instead, the 3rd Judicial District Attorney's office took cases before the Grand Jury which is in the 3rd Judicial District Court. Due to the pandemic, the Grand Jury has been suspended, so the DA's office is doing preliminary examination instead.

Q: What if I recieve a notice for Preliminary Examination?

A: You need to get an attorney immediately! Either call our office, another attorney, or the Law Office of the Public Defender. Before getting Notice of Preliminary Examination, you should have had a first appearance. At that first appearance, a judge would have ask if you needed an attorney or if you were going to hire a private attorney. If you don't have an attorney by the time you receive the Notice of Preliminary Examination, you need to get one immediately.

Q: Do I have to attend a Preliminary Examination?

A: Unless your attorney has waived your appearance, yes. If you do not attend, the court will issue a bench warrant for failure to appear.

Q: What occurs at a Preliminary Examination?

A: The prosecutor will call witnesses hoping to establish there is probable cause to "bound over" your case to a felony. You have the right to have your attorney cross examine the State's witnesses. The Rule of Evidence apply to these hearing. Your right to confrontation is limited. Due to the pandemic, the preliminary examination maybe by phone.

Q: What if the District Attorney either dismisses my case or files a nolli prosequi before the preliminary examination?

The DA may dismiss your case or file what is called a nolle prosequi, which means "to be unwilling to pursue." This means are not going to prosecute the case. This may be deceiving though because they can either refile the case or take it before the Grand Jury.

Traditionally, it has been easier to get the case bound over to a felony by taking it to a Grand Jury. Although, in its historical roots, the Grand Jury was meant to be a "shield against the Crown," or in the modern sense, a "shield against the prosecution," Grand Juries are easily manipulated by the prosecution.

Grand Juries are sequestered, which means only the twelve grand jurors and the prosecutor are allowed in a room. Defense counsel is not allowed in. Defendants are not allowed in.

If your case is dismissed prior to preliminary examination, the DA can still take your case before the Grand Jury when it starts meeting again. The DA may have decided that your case is too complicated to take it before a judge in a preliminary examination and that it would be easier to get the indictment through a grand jury.

However, the DA must take this to the Grand Jury before the Statute of Limitations runs on your case, which is usually five years from the date of your arrest or charge. For our clients, if your case is dismissed prior to preliminary examination, we send a Target Notice Warning. This means that, in the future, if the defendant receives a document called a "Target Notice" (in the mail or that is served upon them) from the Grand Jury, they need to see an attorney right away.

Q: What if my case is "bound over" at the Preliminary Examination? Does this mean I'm guilty?

A: If a judge decides there is probable cause to bound over your case to the felony court, don't worry. It does not mean you are guilty or that your case is an easy one for the prosecutor. Finding probable cause is a low standard. Twelve jurors still need to find you guilty beyond a reasonable doubt a trial and the burden of proof is on the prosecution.

Q: What is an indictment?

A: An indictment means that your case has been taken before a panel of citizens called a Grand Jury and that panel has found probable cause that you committed the crime of which you are accused. The Grand Jury will file a "true bill" with the court and the court will issue and indictment which lists the crimes which you are accused.

Q: Does an indictment mean I am guilty?

A: No. All it means is what is described above. One is not guilty until a jury of their peers finds them guilty after a trial or if you plead guilty.

Q: What is an arraignment?

A: An "arraignment" is a court setting in which a judge will ask you how you plead on the charges listed against you on the indictment. Most answer "Not Guilty" or "Guilty." We advise you not plea guilty to any alleged crimes without speaking to us or to another attorney. At arraignment, the judge will want to know if an attorney read through the indictment with you and if you understand the indictment. The issue of bond may be address at arraignment and you may be taken into custody.

Q: What if I entered a plea of guilty right away, but looking back on it, I didn't really understand what I was doing?

A: It's best to call our office or speak with an attorney about this. A judge will want to know if you "knowingly" and "willingly" entered a guilty plea. If you did not understand what was occurring, you may be able to get that guilty pleas rescinded. Call our office for more details.

DISCLAIMERS: The above should not be taken as legal advice. Every situation is different and, if you do not consult with Raymundo Eli Rojas, you should consult with another attorney.

Licensed to practice in New Mexico and the Federal Courts.



There are some important things to remember:

1. Hire an attorney as soon as possible.
2. Keep your mouth shut. We don't mean to be mean, but "anything you say can be used against you in the court of law." You've heard it. Police want you do go down to the station for questions -- get a lawyer. Tell them you want a lawyer.
3. By invoking your right to an attorney or as the police call it, "lawyering up," you have someone in your corner to protect you.

CONTACT US RIGHT AWAY.

Contact Us at:

(575) 526-7765 (New Mexico)

(915) 449-7092 (Texas)(cases in Federal Court only)

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