Legal Question in Criminal Law in New Mexico
I am approaching my pretrial hearing the 22nd of this month, and I have briefly talked to my public defender two times. Usually about 2 min at a time right before court. And I have never been able to reach him by phone, what should I do?
2 Answers from Attorneys
There is no need for concern. PD's have too great a caseload to talk much, particularly on the phone. A pretrial conference (PTC) is a hearing with the judge to set schedules for the completion of discovery, a trial date, and any other administrative concerns which should be handled before trial. The PTC is NOT a trial, and there will be no testimony, evidence or anything adverse to your interests. Many courts do not require the presence of a defendant at the PTC, as it is purely a technical proceedings to make sure the schedules are doable and the time lines are met. Your PD can tell you everything you need to know about a PTC in 5 minutes before the hearing.
Unfortunately, the Public Defenders attorney (PD) assigned to your case most likely carries a large caseload; thus, unable to speak with clients as regularly as a private attorney would. However, this does not mean that your PD attorney is not prepared for your case. In your situation, a Pre-Trial Hearing/Conference (PTC) means that your case is still in an early stage. A PTC is set by the judge in order to see where the parties (Defense counsel and State Prosecutor) stand with regards to discovery and any other issues that require the courts attention.
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