One of the most important aspects of any criminal case is for the defense attorney to conduct witness interviews. Pursuant to New Mexico Rules Annotated (see generally, NMRA 5-503, 6-504, 7-504, and 8-504), defense counsel is allowed to take the statement of any witness listed by the prosecution. A witness statement is most often digitally recorded and later transcribed but the person giving the witness is not given an oath before speaking with counsel. Should the defense name any defense witnesses, those witness are obligated to give a statement to the prosecution. While the statement is not under oath (like a civil deposition), it can be later used for impeachment and other purposes at trial. Witness interviews, are not usually contentious or combative, but allow all the parties, including the prosecution, to better understand their cases and the potential testimony of witnesses, who may or may have been interviewed by law enforcement. Further, it allows defense counsel to explore any possibly defenses to raise pre-trial. At Jason M. Alarid, Attorney at Law, we don’t let the opportunity to conduct witness statement pass us by. Should you have a criminal issue please do not hesitate to call the office at 505-247-9500 for a free consultation.