New Mexico Forms Library

Decision Information

Decision Content

10-732. Waiver of preliminary examination and grand jury proceeding.

 

STATE OF NEW MEXICO

COUNTY OF _______________

_______________ JUDICIAL DISTRICT

IN THE CHILDREN’S COURT

 

In the Matter of __________________, a Child.                        No. __________

 

 

WAIVER OF PRELIMINARY EXAMINATION AND

GRAND JURY PROCEEDING

 

            I, the respondent child in the above cause, state that I have been advised that

 

            1.         I have a right to a preliminary examination and to have a judge determine if there is probable cause to bind the case over to the Children’s Court for trial on the charges in the petition;

 

            2.         If I do not receive a preliminary examination, I have the right to have a grand jury hear the evidence in the case and to determine if there is probable cause to return an indictment for trial in the Children’s Court; and

 

            3.         I do not have to give up my right to a preliminary examination or a grand jury proceeding before I enter a plea or before I am brought to trial in the Children’s Court on the charges in the petition.

 

            Knowing each of my rights as stated above, I nevertheless knowingly, freely, and voluntarily waive my right to a preliminary examination and a presentation to a grand jury.

 

                                                                        ________________________________

                                                                        Signature of Respondent Child

                                                                        ________________________________

                                                                        Date

                                                                        ________________________________

                                                                        Attorney for Respondent Child

 

[Adopted by Supreme Court Order No. 14-8300-015, effective for all cases filed on or after December 31, 2014; 10-433 recompiled and amended as 10-732 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.