Intuitively, most people know that they shouldn’t miss a court date in the state of New Mexico. But what are the penalties if you actually skip the hearing and don’t show up to your trial?
This question comes up surprisingly often in the legal world. People miss court dates just like doctor’s office appointments and coffee mornings, but the consequences are, unfortunately, more severe.
This article looks at New Mexico state law and how the court scheduling process works in criminal cases. We explore what happens if you “fail to appear” and why it always makes sense to hire a criminal defense lawyer, even if you are early in the legal process.
The Court Scheduling Process In New Mexico Criminal Cases
The court scheduling process starts soon after police arrest you in New Mexico. The system is designed to keep things moving to avoid long waits for critical decisions (such as being granted bail).
Here’s what happens in sequence:
- First arraignment or appearance
Your first arraignment is where you appear in front of the court for the first time after your arrest. Here, you’ll be read the charges against you and get your rights explained before being given the opportunity to enter a plea.
Even at this stage, having a lawyer by your side is critical. They can represent you in the presence of law enforcement officials and help you decide on the optimal plea (guilty, not guilty or in some cases, no contest).
During this phase, the judge will decide whether to set and grant bail. Depending on the severity of the charges, you’ll either be summoned to the district, metropolitan or magistrates court, so you may have to travel.
- Preliminary hearing
The next phase is the preliminary hearing for felony charges. Courts in New Mexico try to arrange these quickly, usually within 10 days to two months of the date of arrest.
Sometimes, prosecutors will persuade a grand jury to bypass this hearing via indictment. If that happens, you won’t have the opportunity to argue against “probable cause to proceed.”
- Pre-trial conferences
Usually, there will be pre-trial negotiations between your lawyer, the opposing parties, and the court. For example, they may require documentation or file motions to suppress evidence.
- Formal trial
Finally comes the trial (if you don’t reach a plea agreement with the prosecution). Usually, trials come quickly in New Mexico (because of the state’s law), which differs from many neighboring jurisdictions and others around the county.
You will learn about court dates from summons or letters. Your attorney will also tell you when you need to attend court.
What Happens If You Miss A Court Date?
If you are granted bail or are released after initial arrest, the likelihood of missing a court date is higher. Usually, courts will treat skipping your hearing as “willful” and take immediate action. This process involves issuing a warrant for arrest allowing officials to detain you at any time.
Furthermore, you may face additional charges, depending on the case against you. For example:
- If you are being accused of a misdemeanors, skipping court can lead to penalties of 90 days in jail and fines of up to $500
- If you are being accused of a felony, skipping court may lead to up to 18 months in prison and a $5,000 fine
Other penalties include:
- Forfeiting your existing bail money
- Paying additional fees to the court
- Getting your driving license suspended (depending on the case against you)
Implications For Your Trial
Unfortunately, skipping your court date can also have profound implications for your trial.
For example, courts may decide to delay proceedings. This postponement often gives more time for the prosecution to collect evidence against you, which can make conviction more likely.
You may also suffer “prejudicial impact.” Judges may view your skipped court date as evidence of disrespect of the court, leading to tougher sentences and stricter bail conditions.
The Importance Of Hiring Criminal Lawyers Early On
Because of these repercussions, it is critical to hire criminal lawyers early on in the process. They can help you avoid common pitfalls, like missing court dates, and guide you through the trial, including the scheduling timeline. They can also offer strategic defense, review evidence for you, handle warrants, and provide you with resources, including access to bail bonds.
In summary, missing a court date in New Mexico is a serious issue. That’s why having a lawyer on your side makes sense. An attorney can provide you with reminders and tailored advice for how to proceed throughout the process.