De Baca County Criminal Court

De Baca County Criminal Court handles all criminal cases that are filed in De Baca County. See below for more information about criminal cases in De Baca County.

Where will De Baca County criminal case hearings take place?

Criminal cases will take place at the criminal courts of De Baca County. See here for the location of the criminal courts in De Baca County.

Defendant Sentencing

At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.

De Baca County Criminal Court

De Baca County Criminal Court

What is a Plea Agreement?

A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.

Where can I get help for my De Baca County criminal case?

The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for De Baca County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.

What is the Burden of Proof?

The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.

Appealing a Criminal Conviciton

A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.

Jury Deliberations in De Baca County

In De Baca County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.

Required Court Appearances in De Baca County

Any required court appearances in De Baca County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.

Prosecutor in De Baca County

In De Baca County, the prosecutor is an attorney representing De Baca County. In some cases, the prosecutor may actually represent New Mexico. For the most part, the prosecutor in De Baca County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.

Right to Jury Trial

For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.

De Baca County Arraignments

An arraignment is a court hearing. In De Baca County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in De Baca County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In De Baca County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.

The Right to Counsel

The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.

De Baca County Criminal Court Locations

  • De Baca County 10th Judicial District Court

    Address: 514 Avenue C, PO Box 910, Fort Sumner, NM 88119
    Phone: 575-355-2896 Fax: 575-355-2899

  • DeBaca County Magistrate Court, Fort Sumner Division

    Address: 508 Avenue B, PO Box 24, Fort Sumner, NM 88119
    Phone: 575-355-7371 Fax: 575-355-7149

  • Fort Sumner Municipal Court

    Address: PO Box 180, Fort Sumner, NM 88119
    Phone: 575-355-2402 Fax: 575-355-7941

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.