Legal Question in Criminal Law in New Mexico

A preliminary hearing requires the prosecution to present sufficient evidence to show probable cause that the person charged may have committed the charged crime. It is NOT proof beyond a reasonable doubt, and is not a trial. Rather it is a hearing to demonstrate to the presiding judge that the prosecution has such evidence and that it pertains to the defendant. If the judge finds that there is probable cause, and usually s/he does, then the case is sent forward to the next court for further proceedings, including trial. If the judge does not find PC, the case is dismissed. A preliminary hearing is a good thing in that it requires the prosecution to reveal a portion of the evidence which must be presented in future proceedings to convict the defendant of the crime with which s/he is charged. In NM preliminary hearings are usually conducted in magistrate court, and if PC is found the case is bound over (forwarded) to district court.