what questions must prosecuting attorney present to grand jury in new mexico?

The laws in New Mexico have recently changed, to expand the type of information that a prosecuting attorney must present to the Grand Jury. In many cases, your attorney will be presenting questions for the prosecutor to ask State’s witnesses, as well as providing other information that may help to establish your innocence.

Full Answer

Which describes what the prosecutor presents to the grand jury?

To obtain an indictment, a prosecutor must present proposed charges to a grand jury – a body of jurors that investigates crimes and decides whether charges should be filed.

Who presents evidence before a grand jury?

Both a grand jury indictment and a preliminary hearing are initiated by the District Attorney, who presents the prosecutor's evidence to determine whether there is probable cause to bring criminal charges against the subject. The procedure for obtaining such determines varies dramatically between the two.

What is a grand jury indictment New Mexico?

The indictment is the formal accusation of felony offense(s) issued by the grand jury. The indictment essentially states that there is sufficient evidence that a felony offense(s) has been committed. The indictment results in a formal criminal complaint being issued against the defendant.

Do grand jurors ask questions?

The prosecutor typically asks the initial questions to that witness and then grand jurors are allowed to ask additional questions. The evidence always comes from the witnesses themselves, but the prosecutor does the initial questioning of the witnesses. ... The longer a grand jury serves, the more independent they become.Nov 17, 2014

Who presents cases to the grand jury?

prosecutorFor potential felony charges, a prosecutor will present the evidence to an impartial group of citizens called a grand jury. Witnesses may be called to testify, evidence is shown to the grand jury, and an outline of the case is presented to the grand jury members.

Why are grand juries secret?

Grand jury proceedings are secret. No judge is present; the proceedings are led by a prosecutor; and the defendant has no right to present his case or (in many instances) to be informed of the proceedings at all. While court reporters usually transcribe the proceedings, the records are sealed.

What is the function of a grand jury?

While grand juries are sometimes described as performing accusatory and investigatory functions, the grand jury's principal function is to determine whether or not there is probable cause to believe that one or more persons committed a certain Federal offense within the venue of the district court.

What is the difference between a jury and a grand jury?

The petit jury listens to evidence presented by both parties during a trial and returns a verdict. A grand jury does not determine guilt or innocence, but whether there is probable cause to believe that a crime was committed. The evidence is normally presented only by an attorney for the government.

Does new mexico have a grand jury?

By New Mexico law, a grand jury is comprised of twelve regular jurors, as well as a sufficient number of alternates. ... As part of the grand jury process, a prosecutor will submit the charges to the grand jury in a document called a “bill”. The prosecutor then produces evidence and calls individuals to testify.

Can grand juries question witnesses?

Ordinarily, the attorney for the government questions the witness first, followed next by the foreperson of the grand jury. Then, the other members of the grand jury may question the witness. All questions asked of each witness must be relevant and proper, relating only to the case under investigation.

What does it mean to convene a grand jury?

A group of people selected to sit on a jury that decide whether to return an indictment. An indictment formally charges a person with committing a crime and begins the criminal prosecution process. ... Grand juries convene for a period of one month up to one year.

What is an example of a grand jury?

The definition of a grand jury is a large group of people who investigate a crime and decide if there is evidence for a trial. An example of a grand jury is the group, lead by Ken Starr, that investigated president Bill Clinton.

What is a petitioner to a grand jury?

{3}Petitioner is the target of a grand jury investigation who asked the prosecutingattorney assisting the grand jury to forward a letter from Petitioner to the grand jury. Petitioner sent the letter under the provisions of Section 31-6-11(B), which permits thetarget or the target’s attorney to “alert the grand jury to the existence of evidence thatwould disprove or reduce an accusation or that would make an indictment unjustified, bynotifying the prosecuting attorney who is assisting the grand jury in writing regarding theexistence of that evidence.” However, a dispute arose between Petitioner and theprosecutor concerning the extent to which the information in the letter was appropriatefor consideration by the grand jury under Section 31-6-11(B). Ultimately, Petitioner fileda petition for a writ of mandamus in the district court asking the grand jury judge torequire the prosecutor to give the letter to the grand jury for its consideration.Afterseveral months passed without action by the judge, Petitioner then petitioned this Courtfor a writ of mandamus to compel the prosecutor to forward the letter to the grand jury. During the course of the first oral argument before this Court on the petition, Petitionerabandoned his request for mandamus relief against the prosecutor and instead asked thisCourt to construe his request for relief as a petition for a writ of superintending control tocompel the grand jury judge to resolve the dispute between the target and the prosecutor.

What is the Attorney General's challenge to the writ of superintending control?

First, the Attorney Generalclaims that this Court lacks the authority to exercise superintending control over thegrand jury because it is an independent institution separate and apart from the judiciary. The Attorney General acknowledges that a writ issued by this Court would be directed tothe grand jury judge rather than the grand jury itself. However, because the AttorneyGeneral maintains that the district court lacks supervisory control over the grand jury forthe same reason that this Court does, the Attorney General reasons that this Court cannotattempt to assert control over the grand jury by simply ordering the grand jury judge toassert control over the grand jury. In short, the Attorney General contends that thejudiciary (whether this Court or the district court) cannot constitutionally exercisesupervisory control over the grand jury.

What is the purpose of the NMSA 31-6-11(B)?

{33}As written, Section 31-6-11(B) simply provides that the target may alert the grandjury to the existence of exculpatory evidence by notifying the prosecutor. Presumably, ifthe evidence offered by the target meets the standard in the statute, namely, evidence thatis “lawful, competent, and relevant” and “that would disprove or reduce an accusation orthat would make an indictment unjustified”, then the prosecutor would be obligated toalert the grand jury to the evidence. See NMSA 1978, § 31-6-7(D) (1969, as amendedthrough 2003) (requiring prosecutor to be fair and impartial at all times during grand juryproceedings); State v. Cruz, 99 N.M. 690, 692, 662 P.2d 1357, 1359 (1983) (“In dealingwith the grand jury, the prosecutor’s duty is to protect both the public’s interest and therights of the accused.”). But despite the apparent simplicity of the language in thestatute, the statute leaves ample room for disagreement regarding how the target is tonotify the prosecutor of exculpatory evidence and how the prosecutor is to proceed whenhe or she does not want to “alert” the grand jury to the evidence offered by the target.

Aggressive Legal Representation for Criminal Indictments in New Mexico

A criminal indictment is a formal accusation made against a criminal defendant that is suspected of being guilty of a crime. The indictment is usually only obtained by the prosecution if you are facing felony charges; rarely would a prosecutor go through the effort for a misdemeanor.

How is an Indictment Obtained?

A prosecutor will seek an indictment against a suspect by presenting the case to a grand jury. The grand jury is a group of civilians that includes 16 to 23 people who are sworn into their service once every 18 or so months. This group is not the same as the trial jury.

Understanding How the Grand Jury Works

The grand jury is there to review evidence that the prosecutor has against a defendant. They will then determine if the prosecution has enough evidence to charge the individual of the crime – basically, they are seeking probable cause during the hearing.

Speak with a Criminal Defense Attorney Regarding Your Indictment

If you have received word that the grand jury has issued an indictment against you, you must contact a criminal defense attorney as soon as possible. Indictments often carry serious charges, so you need to start the defense process quickly.

Jason A Seidman

This communication is not to be construed as legal advice or creating an attorney-client relationship. All cases are different and may have different factual nuances. You should meet with and discuss your particular case with an attorney.

William J Popovich

Not evidence that helps you. Evidence that ABSOLUTELY proves you didn't do it not just bad evidence for the prosecution. A grand jury generally indicts. Before your trial your lawyer will be given that evidence. But not before the grand jury, necessarily.

Mark M Cheser

I cannot say in the federal system. In NJ the controlling case is State v. Hogan. This case requires the State to produce exculpatory evidence in its custody that squarely refutes an element of the crime. There is the problem. What evidence squarely refutes? If a victim IDs another person I would think that could qualify.