Process

First Judicial District Court

The district court for Santa Fe, Rio Arriba, and Los Alamos counties. Every felony in Northern New Mexico is tried here, and every misdemeanor appeal comes here for a new trial.

225 Montezuma Avenue, Santa Fe.

The court

Where it is and what it hears.

The First Judicial District Court sits in the Steve Herrera Judicial Complex at 225 Montezuma Avenue, Santa Fe, NM 87501, a few blocks from the Plaza and across from the Railyard. The clerk's office is open Monday through Friday, 8:00 a.m. to 4:00 p.m. Rio Arriba County matters are heard at the court's Tierra Amarilla location; Los Alamos County matters are heard in Santa Fe.

This is the trial court for every felony in the three counties: fourth and subsequent DWI, aggravated battery and assault, felony domestic violence, drug trafficking, sexual offenses, robbery, and homicide. It also hears de novo appeals from Magistrate and Municipal Court, habeas corpus petitions, and motions to reconsider a sentence.

How a felony moves

Indictment, detention, discovery, trial.

A felony arrives in District Court by grand jury indictment or after a preliminary examination in Magistrate Court. Soon after, the District Attorney may move for pretrial detention. That hearing, held within days, decides whether the client waits for trial at home or in the Santa Fe County jail, and it is often the most important hearing in the case.

Arraignment follows, then a scheduling order that sets deadlines for discovery, witness interviews, expert disclosures, and motions. New Mexico allows defense counsel to interview the state's witnesses before trial, including police officers, under oath. We use that right in every felony case. Motions to suppress evidence, to exclude statements, and to dismiss for speedy-trial or discovery violations are argued before a trial date is set.

Trials are before twelve-person juries. Most felony cases resolve before trial, but the resolution is only as good as the trial preparation behind it. Prosecutors offer their best terms to lawyers who are ready to try the case.

Experience here

Four decades in this courthouse.

Stephen D Aarons began as a New Mexico public defender in the 1980s handling death-penalty trials and has tried felony cases in the First Judicial District ever since, including murder acquittals and reversals on appeal to the New Mexico Court of Appeals and Supreme Court. Recent case outcomes are described in the News section.

The office is at 2019 Galisteo Street, about a five-minute drive from the courthouse.

Questions

District Court questions

What is a pretrial detention motion?

Since 2016, prosecutors in New Mexico can ask the court to hold a felony defendant without release until trial by showing that no conditions of release would reasonably protect the public. The hearing is held within days of the motion. It is an evidentiary hearing where the defense can present witnesses and challenge the state's proof.

How long does a felony case take?

Most First Judicial District felony cases take six months to a year and a half from indictment to resolution, depending on the charge, the volume of discovery, and whether expert witnesses are involved. Detained defendants are entitled to faster settings.

Can a Magistrate Court conviction really be retried here?

Yes. An appeal from Magistrate or Municipal Court is a trial de novo: the earlier verdict is set aside and the case is tried again in District Court, with a jury available. The appeal must be filed within a short deadline after the judgment.

Need Immediate Help

Talk to the office before your first court date.

Free consultation. 24-hour answering service. Payment plans available in many cases. Call (505) 984-1100 or send a short message.