Can I prosecute?

[NeilTheCop]

What is the name of your state (only U.S. law)? New Mexico

We had a bit of a shock recently as our District Attorney, citing an overwhelming workload, told us that as Police Officers we would be conducting our own prosecutions on misdemeanor cases. They would still be dealing with felonies.

Now my question is:
I'm a Police Officer not an attorney. Can I legally be a prosecutor in a New Mexico Magistrate Court?What is the name of your state (only U.S. law)?

 

[HappyWanderer]

Of course you can. There is no legal impediment. Make sure you do your job well. Be brave, upright, thrifty and considerate of the rights of those accused.

Don't default to the cop being right. LISTEN. THINK. Be what needs to be.
Your call.

 

[latigo]

That is the stupidest thing I’ve heard yet!

Aside from the fact that a layperson cannot appear in court representing any one or any thing but him or her, how could a police officer prosecute a person for a criminal act and yet be a witness for the party he is representing - the state of New Mexico.

Get on the phone to the state Attorney General 1-800-678-1508.

 

[csi7]

Report this to the State Attorney office. Is the state law enforcement office aware of this information? You are certified as a law enforcement official, and there are certain rules that apply strictly to your license requirements.

 

[NeilTheCop]

That is the stupidest thing I’ve heard yet!

Aside from the fact that a layperson cannot appear in court representing any one or any thing but him or her, how could a police officer prosecute a person for a criminal act and yet be a witness for the party he is representing - the state of New Mexico.

Get on the phone to the state Attorney General 1-800-678-1508.

I would be most grateful if you can quote the relevant statute allowing only an attorney to prosecute.
I have to admit just being a cop is more than a full time job without having to spend all my days off in Court.

 

[Ronin]

http://www.krqe.com/dpp/news/politics/politics_ap_hobbs_police_sue_over_misdemeanor_policy_200905281101

This matter arose over eight months ago in New Mexico, and if you are an active duty officer, your department and local DA should have answered all your questions long ago.

Apparently some misdemeanors can be prosecuted by police in NM magistrates courts, and some folks there feel a two day Officers as Prosecutors Course is sufficient training. Defense attorneys gotta love this...

 

[Proserpina]

Police sue over misdemeanor policy

This matter arose over eight months ago in New Mexico, and if you are an active duty officer, your department and local DA should have answered all your questions long ago.

Apparently some misdemeanors can be prosecuted by police in NM magistrates courts, and some folks there feel a two day Officers as Prosecutors Course is sufficient training. Defense attorneys gotta love this...

Whoa!!!! Oh that's not good..

 

[NeilTheCop]

Seems all I have to do is tell the arrestee to ask for a jury trial

 

[Ronin]

Seems all I have to do is tell the arrestee to ask for a jury trial

Unless of course the defense atttorney can sing and dance better than you in front of either a judge or jury

 

[Proserpina]

Unless of course the defense atttorney can sing and dance better than you in front of either a judge or jury

Like seriously, y'all have gotta stop making me drench my poor monitor with whatever-the-heck-it-is beverage I may happen to be imbibing at the time...