New Mexico Forms Library

9-502.  Waiver of trial by jury - Misdemeanor offenses.

[For use with District Court Rule 5-605 NMRA,

Magistrate Court Rule 6-602 NMRA and

Metropolitan Court Rule 7-602 NMRA]

STATE OF NEW MEXICO

COUNTY OF ___________________

__________________ COURT

                                                                                                                        No. __________

STATE OF NEW MEXICO

v.

__________________________________________, Defendant

WAIVER OF TRIAL BY JURY — MISDEMEANOR OFFENSES

Instructions:

The purpose of this form is to advise you of your right to trial by jury and to allow you to give up that right if you so choose.

READ THE ENTIRE FORM CAREFULLY BEFORE SIGNING IT.

RIGHT TO TRIAL BY JURY

            I understand that I am charged with the crime of __________________________

_____________________________________________________________________,

which is a misdemeanor under the law of New Mexico, and that if I am found guilty I can be punished by imprisonment, fine or other penalty.

            I understand that I have a right to trial by jury and that all jurors must agree on my guilt of the crime beyond a reasonable doubt for me to be found guilty.

            I understand that once I have made the decision to give up my right to jury trial, I may change my mind only with the permission of the court.

CERTIFICATION AND WAIVER

            After reading and understanding the above, I hereby give up my right to trial by jury and consent to have my guilt or innocence determined by a judge.

____________________________________   ________________________________

Date                                                                            Defendant

I have explained to the defendant his right to trial by jury and I am satisfied that the defendant understands the waiver of this right.        

                                                                                    ________________________________

                                                                                    Defense Counsel

I consent to waiver of trial by jury in this case.

                                                                                    ________________________________

                                                                                    Prosecutor

                                                                                    Approved:

                                                                                    ________________________________

                                                                                    Judge