De novo. It’s not a prescription. It’s an appeal.

De novo:  starting from the beginning; anew.  Did you know that most municipal and magistrate judges are not lawyers and are not required to be a lawyer?  Only Metropolitan (like in Bernalillo County) and District Court Judges are required to be lawyers in the State of New Mexico.  Due to the non-lawyer judges requirement in Municipal and Magistrate Courts and that they are also courts of non-record (meaning that the hearings are not transcribed nor recorded) a Defendant is allowed to appeal the trial to District Court.  This appeal is a de novo appeal which means that for all practical purposes that case starts anew.  This is a useful tool, especially with legally technical motions that a non-lawyer judge may have difficulty.  It also allows a Defendant to challenge a judge’s rulings and to appeal adverse decisions such as guilty verdicts.  Should you be charged with a crime in magistrate or municipal courts you should be aware that this options exists and hire a result driven attorney who will utilize the Court rules for your benefit.  Should you have any questions about a de novo appeal and whether it applies to your case call now at 505-247-9500 to set an appoint for a free consultation.  This is an informational post and is not intended as legal advice nor does it create an attorney/client relationship.