Legal Question in Criminal Law in New Mexico

Could testimony from a Preliminary Hearing as in New Mexico be used at Trial? Why or Why not?


Asked on 2/21/11, 3:50 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Under certain circumstances, sworn testimony given in a forum other than the present one may be used for limited purposes. Preliminary hearing testimony can be used at trial to (1) impeach a witness who is presently testifying and who testified differently before, and (2) when a witness is presently unavailable for reasons beyond anyone's control, such as death or disappearance.

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Answered on 2/22/11, 7:10 am


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