Those who have never experienced the criminal justice system firsthand can understandably feel intimidated in the event they end up arrested or charged with a crime in New Hampshire. And while we hope you never find yourself in this predicament, understanding how the New Hampshire criminal court process works can help you protect your rights and make informed decisions from the very beginning. We can handle the rest.
Read more: Understanding the New Hampshire Criminal Court Process: The Six Steps From Arrest to SentencingOur experienced New Hampshire criminal defense attorneys guide clients through every stage of a criminal case, from arrest through sentencing and beyond.
Step 1: Arrest and Booking in New Hampshire
The criminal court process typically begins with an arrest. Law enforcement must have probable cause to believe a crime has occurred. After an arrest, the individual is booked, which usually includes fingerprinting, photographs, and collecting basic identifying information. Depending on the charge, the person may be released with a summons or held until their first court appearance.
Step 2: Bail and Initial Court Appearance
In New Hampshire, an initial court appearance generally occurs within 24 to 36 hours of arrest, excluding weekends and holidays. At this hearing, a judge will determine whether the defendant will be released on personal recognizance, required to post bail, or held in custody.
Bail decisions are based on factors such as the severity of the charge, prior criminal history, and whether the person is considered a flight risk or public safety concern.
What about bail bonds?
Check out our team’s explanation of what it means to be released on a bail bond.
Step 3: Arraignment
The arraignment is the defendant’s first formal appearance in criminal court. Arraignment can be as early as 24 to 36 hours, but most people are released from the police station and are given an arraignment date two or three weeks out. During this hearing, the charges are read, and the defendant enters a plea, most commonly “not guilty,” to preserve their legal rights and allow time for case preparation by a criminal lawyer in New Hampshire. This is a critical stage of criminal law in NH where having legal representation can make a meaningful difference. You really don’t want to do this alone.
Step 4: Pretrial Process and Negotiations
Following arraignment, the case enters the pretrial phase. This stage may include:
- Exchange of evidence, also referred to as discovery.
- Filing pretrial motions
- Probable cause hearings in felony cases
- Plea negotiations with the prosecutor
Many criminal cases in New Hampshire are resolved during this phase through negotiated plea agreements, which may reduce charges or limit potential penalties.
Step 5: Criminal Trial in New Hampshire
If a case is not resolved through negotiation, it proceeds to trial. Misdemeanor cases are typically handled in District Court and may be decided by a judge, while felony charges are heard in Superior Court before a jury.
The prosecution must prove guilt “beyond a reasonable doubt.” A battle-tested New Hampshire criminal defense attorney will challenge evidence, question witnesses, and present a strong defense on your behalf.
“Raymond Mello was absolutely great. His guidance and reassurance really helped us through a difficult ordeal. He is very experienced and should be trusted at every turn. He is wonderful to have in our corner!” — S. Meisner
Step 6: Sentencing
If a defendant is convicted or pleads guilty, the case moves to sentencing. Sentencing may occur immediately or at a later date and can include:
- Probation
- Fines
- Jail or prison time
- Other court-ordered conditions
Judges consider factors such as the nature of the offense, criminal history, and mitigating circumstances when determining penalties.
Step 7 (Potentially): Appeals
In some cases, a defendant may have the right to appeal a conviction or sentence. Appeals must be filed within strict deadlines and focus on whether legal errors occurred during the trial or sentencing process.
Protecting Your Rights, Step by Step
The New Hampshire criminal court process is complex, and early legal guidance matters. Whether you are facing misdemeanor or felony charges, working with an experienced defense attorney can significantly impact the outcome of your case. Please contact us anytime, should you or someone you know need legal expertise on a criminal charge in NH. In fact, we advise you to store our number, 603-945-5111, in your phone under “Lawyer.”
