The court
Where it is and what it hears.
The Santa Fe County Magistrate Court sits at 2056 Galisteo Street, Santa Fe, NM 87505, and is open Monday through Friday from 7:30 a.m. to 4:00 p.m. The clerk's office can be reached at (505) 984-9914. Our office at 2019 Galisteo Street is a short walk up the street, which is convenient for clients and means we are in this building almost every week.
Magistrate Court handles state misdemeanors and petty misdemeanors: first, second, and third-offense DWI, domestic violence battery, shoplifting, drug possession, and traffic crimes. It is also where every felony case begins. Felony first appearances, conditions of release, and preliminary examinations happen here before the case is bound over to the First Judicial District Court.
Cases charged by the Santa Fe County Sheriff, New Mexico State Police, and the Santa Fe Police Department under state law come to this court. Cases the City of Santa Fe charges under its own ordinances go to Municipal Court instead.
DWI in Magistrate Court
Why a dismissal notice is not always the end.
The First Judicial District Attorney's office has for several years followed a practice of dismissing many newly filed misdemeanor DWI complaints out of Magistrate Court and refiling them later, after the office has reviewed the evidence. People sometimes receive a dismissal in the mail and assume the case is over. It usually is not. The refiled case carries the same exposure, and the MVD license revocation continues on its own track regardless.
Because the court sees so many DWI cases, the defenses that matter are procedural and technical: whether the stop was lawful, whether field sobriety tests were administered correctly, whether the breath machine was certified and the 20-minute observation period honored, and whether a blood draw followed the required chain of custody. We request the officer's lapel video and the breath-test records in every case.
Trials and appeals
Jury trials, bench trials, and the right to start over.
Any charge that carries possible jail time entitles the defendant to a six-person jury in Magistrate Court. Trials are set within months, not years, so preparation starts at the first hearing.
A conviction in Magistrate Court can be appealed to the First Judicial District Court, where the case is tried again from the beginning. That de novo appeal is a genuine second chance, and it is one reason a Magistrate Court case should never be treated as too small to fight.
Questions
Magistrate Court questions
Is a first-offense DWI in Magistrate Court a big deal?
Yes. A first conviction carries up to 90 days in jail, a one-year license revocation, a mandatory ignition interlock, DWI school, and a record that enhances every future DWI for the rest of your life. Aggravated DWI (a 0.16 breath score, a refusal, or an injury) adds mandatory jail.
Do I have to appear in person?
For most hearings, yes, unless the court has excused your appearance through counsel. Failing to appear results in a bench warrant. If you cannot make a date, call the office before the hearing, not after.
What happens if my felony starts in Magistrate Court?
You will have a first appearance and conditions of release set here. The state then has a limited time to hold a preliminary examination or obtain a grand jury indictment, after which the case moves to District Court. The preliminary examination is an early opportunity to test the state's evidence.
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.