IS IT ENTIRELY UP TO THE CLIENT AND THE DEFENSE ATTORNEY WHETHER OR NOT THERE WOULD BE A JURY?

by Margaret Strickland

No. In New Mexico, the state would have to consent to your waiver of a jury trial.

Sometimes they do, and sometimes they do not. Generally, bench trials are easier for them to win, so a lot of times they will agree to waive the jury trial, but I’ve had cases where they refuse and they demand a jury trial.