Guadalupe County Criminal Court hears all criminal cases in Guadalupe County. Below you will find specific information about criminal cases and how they are handled in Guadalupe County.
Who can help me in Guadalupe County?
For general information about your case the Guadalupe County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
Can I request a Plea Agreement?
In Guadalupe County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Guadalupe County Criminal Court
Arraignments in Guadalupe County
During an arraignment in Guadalupe County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Guadalupe County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Guadalupe County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Guadalupe County Criminal Court locations
Criminal proceedings take place in the Guadalupe County Criminal Courts. A list of the criminal courts are located here.
Required Court Appearances in Guadalupe County
Any required court appearances in Guadalupe 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.
Sentencing in Guadalupe County
In Guadalupe County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
Who is the prosecutor for Guadalupe County?
Depending upon the case, the prosecutor for Guadalupe County criminal cases will either be a representative of Guadalupe County or a representative from New Mexico. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
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.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
Jury Deliberation
In a jury trial in Guadalupe County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
Guadalupe County Criminal Court Locations
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Guadalupe County 4th Judicial District Court
Address: 420 Parker Avenue, Santa Rosa, NM 88435
Phone: 575-472-3888 Fax: 575-472-4451 -
Guadalupe County Magistrate Court – Santa Rosa
Address: 603 Parker Avenue, Santa Rosa, NM 88435
Phone: 575-472-3237 Fax: 575-472-3592 -
Santa Rosa Municipal Court
Address: 244 South 4th Street, PO Box 429, Santa Rosa, NM 88435
Phone: 575-472-4232 Fax: 575-472-2543