Tomorrow I start a jury trial, and I’ve been walking my client and his family through the basic order of how a New Mexico criminal jury trial works. Here’s a simple overview of what happens in the courtroom:

• Motions in limine: Before the jury comes in, the attorneys argue pretrial motions asking the judge to decide certain evidentiary or procedural issues in advance, so everyone knows what the jury will and will not hear.​

• Voir dire: The parties question potential jurors to make sure they can be fair and follow the law, and the court excuses those who cannot be impartial.

• Opening statements: Each side gives a roadmap of what they believe the evidence will show; this is not evidence, but a preview.​

• State’s case in chief: The prosecution presents witnesses and exhibits first because they carry the burden to prove each element of the charged crimes beyond a reasonable doubt.

• Motions for directed verdict: After the State rests, the defense can ask the judge to dismiss some or all charges if the State’s evidence, even if believed, is legally insufficient.​

• Defense case: The defense may call witnesses, present exhibits, or choose to rest without calling any witnesses at all, depending on strategy and the strength of the State’s proof.

• Client’s choice to testify: The defendant has a constitutional right to testify, but also an absolute right not to testify, and the jury is instructed they cannot hold that silence against him.

• State’s rebuttal (sometimes): In limited situations, the prosecution may call brief rebuttal witnesses to respond only to new issues raised in the defense case.

• Jury instructions conference: Outside the jury’s presence, the judge and lawyers finalize written instructions that explain the law, the elements of the offenses, burdens of proof, and any defenses.​

• Closing arguments: Each side argues how the evidence fits (or fails to fit) the law in the jury instructions, and the State goes first and last because it has the burden.

• Jury deliberations: The jury retires to the jury room with the written instructions and exhibits, discusses the case in private, and tries to reach a unanimous verdict in criminal matters.

• The verdict: The jury returns to open court, the foreperson announces the verdict on each charge, and the court formally receives and records it.

For families, simply understanding this sequence can take some of the fear out of the process and help you support your loved one through each stage of trial!