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 […]
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 […]
You can, and occasionally it is a good idea to do it, but that is by far the exception rather than the rule.
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 […]