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 […]
Under what circumstances would you recommend to your client that you have a bench trial rather than a jury trial?
If you have a case that has a very technical legal defense, sometimes judges can be more favorable to you than a jury. Maybe it’s a case where what you did looks bad. A jury is not going to be happy about it, but you have a legal loophole or something like that; judges are […]
Can you waive the right to a jury trial?
You can, and occasionally it is a good idea to do it, but that is by far the exception rather than the rule.
DWI: Is there always a jury trial?
Almost always. There are some rare exceptions in New Mexico where you would only be entitled to a bench trial, but that would be for crimes with a penalty of less than six months, which in Mexico is basically only DWI’s and possession of marijuana and the case is charged for some reason in District […]