Should Your Criminal Defense Attorney Conduct Pretrial Interviews with Witnesses in Your Case?

Yes!

Pretrial interviews (PTIs) are a critical component of effective criminal defense in New Mexico, helping attorneys prepare for trial and enhancing a client’s right to confront and cross-examine witnesses. They are embedded in New Mexico’s procedural rules, making them a powerful tool for defense attorneys committed to diligence and thorough preparation. If your attorney is too over-burdened by his caseload or too checked out and uninterested in your case to get PTIs done, you are at a substantial disadvantage. 

What Are Pretrial Interviews?

Under New Mexico rules of criminal procedure, the defense is entitled to conduct a pretrial interview—or obtain a statement—from every witness that may testify at trial. PTIs allow attorneys to question witnesses outside of court, explore their perspectives, and assess how their testimony might impact the case.

Why PTIs Matter for Your Defense

Pretrial interviews serve several crucial functions:

• Understanding the Witness: PTIs provide a candid look into the psychology, motivations, and reliability of each witness. Attorneys can pick up on shifts in a witness’s story, body language, hesitations, and strengths or weaknesses that aren’t always apparent from police reports or written statements.
• Potential for Impeachment: If a witness’s account changes between the PTI and trial, the defense can use the earlier statements to challenge their credibility in front of the jury. PTIs create a critical record that can be used for impeachment and to expose inconsistencies.
• Case Strategy: By hearing directly from each witness, attorneys can better evaluate the strengths and weaknesses of the prosecution’s case, develop alternative theories, or uncover new investigative leads.

Legal Ramifications: Suppressing Witness Testimony

If the prosecution does not make a witness available for a pretrial interview, New Mexico rules authorize the defense to move to suppress or exclude that witness from testifying at trial. Not only does doing your PTIs give your attorney a key insight into the case, it is a weapon to potentially get a case dismissed.

Why Some Attorneys Skip PTIs

Despite their importance, PTIs are sometimes skipped by overburdened public defenders or private attorneys seeking shortcuts. Reasons include:

• Heavy Caseloads: Public defenders often manage high volumes of cases, limiting the time available for thorough PTIs.
• Complacency and Jaded Attitudes: Some attorneys are checked out or over confident; they assume they know exactly what the witness will say and thus do not need to conduct a PTI. 
• Not Fully Invested in Your Case: some attorneys that lack that crucial personal engagement and investment see PTIs are a time-intensive drain and not worth the effort.

If your attorney fails to personally interview the key witnesses, your attorney risks being blindsided at trial by new information or unexpected testimony and can severely compromise the defense. Your attorney lacks a critical weapon in your defense.

We at Max Pines Law believe in taking advantage of all opportunities to gain knowledge and further the fight on your behalf. Our focus here is on gathering critical statements, exposing weaknesses, and ensuring no detail goes unnoticed.

Effective use of PTIs allows a defense attorney to stand ready in court—armed with knowledge, prepared for inconsistencies, and equipped to advocate vigorously for every client.

In New Mexico, diligent attorneys understand that thorough preparation begins with talking directly to the witnesses who will shape the outcome of a case. For clients who insist on a strong defense, insisting on PTIs isn’t just an option—it’s a necessity that their criminal defense attorney has to commit to.