Target Notice {9-218}

9-218. Target notice.1 You are the target of a grand jury investigation in County. The crimes beinginvestigated are: (Include the name, date andapplicable statutory citation for each offense the prosecutor intends to present to the grand jury)2:which are alleged to have occurred on (date) in County, New Mexico. Other possible charges may arise from thegrand jury investigation.You have the following rights with respect to this investigation:(1)You have a right to counsel to assist you in this matter. If you cannot afford anattorney, one will be appointed for you.(2)You have a right to testify before the grand jury if you desire.(3)You have a right not to testify.(4)You have a right to submit proposed questions and exhibits to the prosecution3.(5)You have a right to alert the grand jury to the existence of evidence that woulddisprove or reduce an accusation or that would make an indictment unjustified, by notifying theprosecution3.This case will be presented to the grand jury on (date) at (a.m.) (p.m.) at the (court) located at (address) in room4. If you wish to testify at this proceeding, you may appear at that time and place. Forfurther information on the time and date the grand jury will consider evidence relating to the abovecharges, you may call (name of person to be notified) at (telephonenumber). You or your attorney may submit proposed questions and exhibits to the district attorney atleast forty-eight (48) hours prior to the grand jury proceeding. If you or your attorney wishes tosubmit proposed questions or exhibits, call (person to be notified) at (telephone number). Date issued: Signature of attorneyTitleI certify that a copy of this notice was [mailed] [faxed] [delivered] to American LegalNet, Inc. www.FormsWorkFlow.com (name of target) on (date) at the following address (street address) (city).(Signature of person providing notice)(Title) USE NOTE1.This form may be used for a grand jury target notice. See Sections 31-6-4 and31-6-11 NMSA 1978.2.Include each offense the district attorney or attorney general intends to present to thegrand jury. 3.Section 31-6-4 NMSA 1978 provides that, at least twenty-four (24) hours beforegrand jury proceedings begin, a target's attorney may submit proposed questions and exhibits to thedistrict attorney or attorney general. Section 31-6-11 NMSA 1978 provides that, at least twenty-four(24) hours before grand jury proceedings begin, the target or his counsel may alert the grand juryto the existence of evidence that would disprove or reduce an accusation or that would make anindictment unjustified, by notifying the prosecuting attorney who is assisting the grand jury inwriting regarding the existence of that evidence. However, Rule 5-302A NMRA expands thedeadline to forty-eight (48) hours.4.Section 31-6-11 NMSA 1978 provides that unless otherwise ordered by the presidingjudge or unless the target agrees to testify earlier, a target has a right to testify no earlier than: (a)four (4) days after receiving the target notice, if the target is in custody; or (b)ten (10) days after receiving the target notice, if the target is not in custody.[Approved, effective June 1, 2004; as amended by Supreme Court Order No. 10-8300-015, effectivefor target notices filed on or after May 14, 2010.] American LegalNet, Inc. www.FormsWorkFlow.com