Criminal Charges in New Hampshire

New Hampshire Criminal Defense Lawyers

When a person commits a crime in New Hampshire, they will be subject to prosecution under the state’s criminal justice system. The criminal justice process can be a confusing and hostile place for defendants, especially for defendants who have not yet found an attorney. The court system can be very confusing, and a majority of defendants have little to no prior experience with criminal charges or interactions with the court.

Criminal Charges

The criminal process begins with the arrest. If an officer has witnessed a crime being committed, has a warrant for a person’s arrest, or has enough probable cause to make an arrest, he or she will likely bring in the suspect. As soon as a person is arrested, it is likely that the officer already has charges in mind to recommend to the prosecutor. The prosecutor ultimately decides whether or not criminal charges should be pursued at all, and which charges to bring against a defendant.

Bail

Defendants may sometimes be held in a local jail or at the police station if they are believed to be a threat to the community, or if they present a risk of fleeing the area. If the defendant wishes to be permitted to leave jail, they must first have a friend or relative post bail for them. Bail is a form of collateral paid to the state in exchange for a defendant’s release from jail to await trial and other criminal proceedings. Typically hearings for bail are scheduled within 48 hours of a defendant’s arrest, provided there are no weekends or holidays in between. It is important to remember that bail amount is typically at the discretion of a judge, and it is also up to the judge whether to offer bail or not.

Arraignment

For crimes at the misdemeanor level, there will be an arraignment hearing. The judge will inform the defendant of the charges against them, and the defendant may enter a plea of either “guilty” or “not guilty” with the court. Typically this is done with the presence of an attorney, however, defendants may enter a “not guilty” plea a new court date will be entered for the defendant, and they will be permitted time to seek an attorney, or seek the services of a court-appointed public defender.

Crimes at the felony level will have an extra step known as a preliminary hearing or probable cause hearing. The purpose of this hearing is to determine whether there is sufficient cause for the state to pursue higher level felony charges against the defendant, and what charges, if necessary, should be presented against the defendant. Following this hearing, the defendant will have a felony arraignment where they will be permitted to enter a plea.

It is inadvisable to simply enter a plea of guilty without seeking the services of an attorney. Many times, defendants entering guilty pleas without understanding what the full consequences are find themselves facing unforeseen jail time or very hefty fines or additional action from the NH DMV. A guilty plea should be done only under the guidance and counsel of a New Hampshire criminal defense attorney.