The Steps of a Criminal Trial

Jones Criminal Defense Attorneys | May 15, 2026 | Criminal Defense

Facing a criminal trial in New Mexico can be confusing, stressful, and overwhelming, especially if you’ve never been through the process before. Every criminal case—whether it involves misdemeanor or felony charges—generally follows a series of similar legal steps.

Understanding how the process works can help you better prepare for what may happen next and reduce some of the uncertainty that often comes with criminal charges.

Step 1: Arrest or Criminal Complaint

A criminal case usually begins with either an arrest or the filing of a criminal complaint. In some situations, a person may be taken into custody immediately. In others, they may receive a summons requiring them to appear in court later.

It is important to remember that legal rights apply from the very beginning of any police interaction. These rights include the right to remain silent and the right to speak with an attorney.

Step 2: First Appearance / Arraignment

Shortly after an arrest, the accused will typically appear before a judge for an arraignment or first appearance hearing. During this proceeding, the court explains the charges and advises the defendant of their legal rights.

The judge may also address:

Bail or bond conditions
Release restrictions
Whether the defendant remains in custody
Entry of an initial plea

In many cases, defendants enter a not guilty plea at this stage while the case moves forward.

Step 3: Preliminary Hearing or Grand Jury

Felonies generally require an additional review before proceeding toward trial. This usually happens through either a preliminary hearing or a grand jury proceeding.

During a preliminary hearing:

A judge reviews whether probable cause exists
Prosecutors present evidence supporting the charges
The defense may challenge portions of the evidence

In a grand jury proceeding, jurors review evidence privately and decide whether formal charges should move forward through an indictment.

Step 4: Discovery and Case Preparation

As the case progresses, both sides exchange evidence through a process known as discovery. Prosecutors must provide the defense with the evidence they intend to use at trial.

Defense attorneys may also:

Review police reports and witness statements
Examine physical or digital evidence
Conduct independent investigations
Interview witnesses

This stage often plays a major role in shaping the overall defense strategy.

Step 5: Plea Negotiations

Many criminal cases are resolved before trial through plea negotiations between the prosecution and defense.

Possible outcomes of plea negotiations may include:

Reduced criminal charges
Dropped charges
Agreements regarding sentencing recommendations
Diversion or treatment programs, in some cases

These discussions could also lead to reduced charges, lesser penalties, or alternative resolutions.

Step 6: Pretrial Motions and Hearings

Before the trial begins, attorneys may file motions asking the court to resolve specific legal issues. These hearings can significantly affect what evidence or arguments will be allowed during the trial.

The judge’s rulings during this phase can strongly influence how the trial proceeds.

Step 7: Jury Selection (Voir Dire)

If the case proceeds to a jury trial, the next step involves selecting jurors. This process is called voir dire. Both sides can object (challenge “for cause”) or use limited “strikes” to keep someone off the jury. The goal is to select a fair and impartial jury.

Step 8: Opening Statements

After the jury is selected, both sides present opening statements. These statements provide an overview of what each side believes the evidence will show during the trial.

The prosecution presents first and explains its theory of the case. The defense then outlines its position and may point out weaknesses in the prosecution’s evidence.

No testimony or evidence is formally introduced during opening statements.

Step 9: Presentation of Evidence

The presentation of evidence is usually the longest part of the trial. Prosecutors attempt to prove the charges beyond a reasonable doubt by presenting witnesses, documents, and other evidence.

The defense is not required to prove innocence. The burden of proof remains with the prosecution throughout the trial.

Step 10: Closing Arguments

Once both sides finish presenting evidence, attorneys deliver closing arguments to the jury. These final statements summarize the evidence and explain why each side believes the jury should rule in its favor.

Prosecutors argue why the evidence supports a conviction, while defense attorneys emphasize reasonable doubt and weaknesses in the state’s case.

Step 11: Jury Instructions and Deliberation

Before deliberations begin, the judge provides jurors with legal instructions explaining the laws that apply to the case. Jurors must follow these instructions when evaluating the evidence and reaching a verdict.

Jurors then deliberate privately to discuss the case and attempt to reach a unanimous decision.

Step 12: Verdict

After deliberations conclude, jurors return to the courtroom and announce their decision. If the defendant is found not guilty, the case is typically over, and the defendant is released.

If the jury returns a guilty verdict, the case proceeds to sentencing. In some situations, jurors may be unable to reach an agreement, resulting in a hung jury and possible mistrial.

Step 13: Sentencing

If a conviction occurs, the final phase involves sentencing. Judges consider several factors before determining the appropriate penalty.

These factors may include:

The seriousness of the offense
The defendant’s prior criminal history
Statements from victims or family members
Mitigating or aggravating circumstances

Possible penalties may include incarceration, probation, fines, counseling requirements, or community service.

Moving through each stage of a criminal case can be difficult without experienced legal guidance.

Contact the Albuquerque Criminal Defense Attorneys at Jones Criminal Defense Attorneys for a Free Consultation Today

Facing criminal charges can be one of the most stressful experiences a person encounters. In Albuquerque, NM, Jones Criminal Defense Attorneys helps individuals understand the legal process and prepares defense strategies tailored to the facts of each case.

We proudly serve Albuquerque and its surrounding areas:

Jones Injury Attorneys – Downtown

1011 Lomas Blvd NW suite 105, Albuquerque, NM 87102
(505) 588-6974
24/7

Jones Injury Attorneys

8205 Spain Rd NE 111 a, Albuquerque, NM 87109
(505) 278-7781
24/7