Legal Question in Criminal Law in New Mexico
May 1 my husband and I were "taken in" for disorderly conduct (he used a swear word in public), then when I told a photographer to take pictures, I was "taken in". We requested public defenders, my husband was assigned one on May 13 and met him on May 14. Looking at NMCourts.com, our case shows on May 13 the DA deciled/withdrew from prosecution. May 24 my husband's PD withdrew for conflict of intrest and he shows a new PD being assigned to the case and my info shows have a been assigned a PD (though I have not heard a word as of May 28). My question is if the DA has declined and withdrawn prosecution then whay do we need PDs?
1 Answer from Attorneys
In order for the prosecutor to "do away" with a pending criminal case s/he must (1) file a nole prosequi (commonly nole), or a dismissal. More likely, your case is one which we call an "officer prosecution" in which the arresting officer(s) present the case to the Court with no DA present, and the withdrawal was the DA pulling out of the case. That means the case continues, which is why you need PD's.
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