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Domestic Violence: Case of State vs. Panda

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Part 2: Assault & Battery Proceedings
April 4, 2003: Arraignment

30-3-15. Battery against a household member.
A. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner.
B. Whoever commits battery against a household member is guilty of a misdemeanor.

Judge: Is your name Joseph Panda?
Joe: Yes, your Honor.
Judge: Do you currently reside at 10 Camino del Hombre, Santa Fe?
Joe: Yes.
Joe Panda, Defendant

Judge: If you should move at any time prior to the final disposition of this matter, please promptly inform the Court of your new address.
This proceeding is called an arraignment. The main purpose of this proceeding is for you to enter a plea to the charges against you. I will inform you of the charges and then you will have a responsibility to enter a plea to the charges of either guilty, not guilty or no contest. First, I will go over your rights in these proceedings.
You have the right to remain silent and to be presumed not guilty. You have the right to plead not guilty and proceed to trial. At a trial, you would have the right to confront and cross examine all of the prosecution’s witnesses. You have the ability to subpoena and call your own witnesses and to testify in your own behalf. Additionally, you have the right to be represented at all proceedings by an attorney. If you cannot afford to hire an attorney, the court may appoint a public defender to represent you.
Do you understand these rights?
Joe: Yes.
Judge: If you plead guilty or no contest, you will be waiving your right to a trial, your right to be represented by an attorney, your right to confront and cross-examine the witnesses against you, your right to present evidence in your own behalf and to have the court subpoena witnesses of your choosing, your right to remain silent and your right to be presumed innocent beyond a reasonable doubt.
Mr. Panda, you are charged with assault and battery against a household member under New Mexico statutes §30-3-12 and §30-3-15, arising out of an incident that took place on March 30, 2003 at 5 Calle de la Esposa in Santa Fe. Assault upon a household member is a petty misdemeanor, for which there is a maximum penalty of up to six months in jail or a fine of up to $500 or both. Battery against a household member is a misdemeanor charge, for which there is a maximum penalty of up to one year in jail or a fine of up to $1000 or both.
Have you received a copy of the complaint?
Joe: Yes, I have, your Honor.
Judge: Do you have any questions regarding this proceeding?
Joe: No.
Judge: How do you plead to the charges?
Joe: Not guilty.
Judge: Can you afford to hire an attorney?
Joe: I’m not sure.
Judge: Do you wish to request the appointment of a public defender?
Joe: I think so. Probably.
Judge: The clerk will give you the papers to fill out in order to request a public defender. You will need to provide financial information in order to show that you cannot afford to hire an attorney.
Joe: All right.
Judge: Has there been any order of protection issued that is related to this case?
Prosecutor: Yes, your Honor. I believe that a copy of that order is in the file.
Judge: All right. Now I will inform you of the conditions of your release. Based upon the information before this court about you and about the offense, it is my determination that the following conditions of release will be imposed.

The Bench