Maybe to give the case to the Feds? Possible?
Need to admit, KosmicKitty, that thought did not cross my mind. Might have been an excellent play of law. Thank you, for the thought!
That's not how it works. NM just screwed it up totally. Normal procedure is for the state to possibly decline prosecution if the feds file charges. But this is done after the feds have filed their charges. Otherwise, the perps go free and could disappear. I've also seen cases where the state and the feds both prosecute. In that case, the perp does time on both the state and federal cases, usually consecutively. That's assuming, of course, that he's convicted in both state and federal court. A good example is the state prosecutes for robbery and the feds prosecute for felon in possession of a firearm. Two different charges, so no double jeopardy. But in this case, the NM judicial system just screwed up royally.