Understanding a Settlement Conference in a Felony Criminal Case
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 26, 2026
Legal Inquiry
Consumer Legal Issue
It’s about my boyfriends case He is charged with homicide by vehicle (reckless driving), tampering with evidence, and leaving the scene of an accident involving great bodily harm or death.
Attorney Answer
Courts often schedule a settlement conference right after an evidentiary hearing because the hearing narrows down what evidence will be admissible at trial, giving both sides a clearer picture of the case to negotiate a possible plea — it does not mean a deal has already been reached or is guaranteed.
Based on the charges listed, your boyfriend's case involves three separate felonies. Homicide by vehicle, charged here on a reckless-driving theory, is a third-degree felony under NMSA § 66-8-101 (it would be a second-degree felony if charged as DUI-based instead). Tampering with evidence under NMSA § 30-22-5 is graded by reference to the crime the tampering was meant to affect, and is charged here as a fourth-degree felony. Leaving the scene of an accident involving great bodily harm or death is addressed by NMSA § 66-7-201, which requires a driver in such an accident to stop and remain at the scene; this charge is also listed as a fourth-degree felony.
As his girlfriend, you are not a party to the case and cannot make legal decisions on his behalf — only he, through his own defense attorney, can evaluate and accept or reject any plea or settlement offer.
What you can do:
1. Ask his attorney directly what plea or settlement range the state is offering ahead of the conference.
2. Ask the attorney how the evidentiary hearing's outcome affects the state's negotiating position.
3. Offer support, but let his attorney lead all case decisions and communications with the state.
4. Encourage him to discuss the risks and benefits of any offer with his attorney before the conference date.
Relevant Case Law
State v. Melendrez, 2014-NMCA-062 (2014) — New Mexico Court of Appeals
We hold that these convictions do not violate Defendant’s double jeopardy rights and, accordingly, affirm the judgment of the district court.
Confirms New Mexico treats homicide by vehicle and leaving the scene as separate offenses, so convictions on both from one accident do not violate double jeopardy.
Read the full opinion (CourtListener)
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Frequently Asked Questions
Why would a settlement conference be scheduled after an evidentiary hearing?
Generally, an evidentiary hearing can narrow what evidence will be admissible at trial, giving both sides more information to negotiate, though a conference does not mean a deal is guaranteed.
Can a partner or family member make legal decisions in someone else's criminal case?
No — only the defendant, through their own attorney, can generally evaluate and accept or reject a plea or settlement offer.
How is vehicular homicide typically graded compared to related charges?
Grading often depends on the underlying theory, such as reckless driving versus impaired driving, and can result in different felony degrees. An attorney can clarify the specific charges involved.
