Being the target of a felony investigation can leave you uncertain about what happens next. In New Mexico, prosecutors may bring felony charges through a grand jury, which decides whether there is enough evidence to indict, or formally charge, you.
Before the proceeding, New Mexico rules generally require the prosecutor to send you a written target notice. This gives you information about the investigation and your rights before the proceeding begins.
What does the target notice tell you?
The target notice identifies the alleged crime, when it allegedly occurred and the laws that may apply. It also explains your right to:
- Testify before the grand jury
- Choose not to testify
- Have your attorney advise you
- Submit qualifying evidence that could disprove or reduce a charge
If you testify, your attorney may be present and advise you. However, your attorney cannot address the grand jurors, object to questions or otherwise participate in the proceeding.
The prosecutor generally must notify you and your attorney in writing at least 10 business days before the proceeding if you are not incarcerated and four business days before if you are incarcerated. A judge may allow an exception if there is a risk that you may flee or interfere with the investigation or court process.
Can you alert the grand jury to evidence?
You may notify the prosecutor in writing about evidence or a defense that could disprove or reduce a charge or show that an indictment may not be warranted. Rule 5-302.2 requires your written notice of qualifying evidence to reach the prosecutor at least 48 hours before the scheduled proceeding. You do not present that evidence directly to the jurors. The prosecutor must alert the jurors to qualifying evidence unless the prosecutor obtains a court order allowing otherwise.
What does the grand jury decide?
The proceedings are private. Prosecutors may present sworn witness testimony and documentary or physical evidence before the grand jury for jurors to consider.
The jurors do not decide whether you are guilty. It determines whether probable cause exists to support the charge, a lower standard than proof beyond a reasonable doubt. If they find probable cause, it may return an indictment. The case then proceeds in district court, where an arraignment generally follows.
Early decisions can shape how you approach the process
The grand jury stage can require important choices before prosecutors obtain an indictment, including whether to testify and what information to share. Legal guidance can help you evaluate those choices, understand the process and avoid responding without knowing how your decisions could affect the case.