There is firmly established right to confrontation of witnesses under both New Mexico and Federal Law. New Mexico Supreme Court case of State v. Lopez deals with the right to confrontation at a pretrial probable cause determination. Specifically, this case arose in the context of a Magistrate Court preliminary hearing on felony charges. In other jurisdictions in the state, the same process is handled by grand jury process.
The Court held that there is no right to confrontation at the pretrial probable cause hearing. This is consistent with the rights afforded defendants at grand jury proceedings. Of course, this results in a one-sided presentation of the case leading to an oft cited expression that the State could indict a ham sandwich.
The Court reasoned that both Article II, Section 14 of the New Mexico Constitution,
As well as the 6th Amendment to the United States Constitution apply only at a criminal trial where guilt or innocence is determined. The Court in so holding overruled the 1969 New Mexico Supreme Court case Mascarenas v. State.