Attorney Rick St. Hilaire | NH Criminal Defense | New Hampshire Criminal Court Process

The criminal court process in New Hampshire has many steps. It typically begins with a police investigation, which is later handed over to a prosecutor for review. The case is then presented to a judge or jury. The New Hampshire criminal justice process is outlined below.

Investigation and Arrest

A hunch by the epolice may lead to reasonable suspicion that a crime has been committed. Acting on this reasonable suspicion, the police may ask a limited number of questions--without giving Miranda warnings--to a suspect in order to confirm or dispel the suspicion that a crime has occurred. Once the police have evidence that it is more probable than not that a crime has occurred, they have probable cause to arrest.

District Court Arraignment

When a suspect has been arrested for a crime, the criminal defendant appears before a judge at a district division court for arraignment. Defendants represented by an attorney often plead not guilty at the arraignment, and the judge sets bail. If the defendant is charged with a felony crime, no plea is entered, and the case is scheduled for a probable cause hearing.

Probable Cause Hearing (felony crimes)

The district court holds a probable cause hearing when a criminal defendant is charged with a felony crime in order to evaluate whether the police have sufficient information to charge the defendant with the crime. If the court finds that there is sufficient probable probable cause to support the prosecution of the criminal charge, the case is bound over to a grand jury.

Grand Jury (felony crimes and enhanced misdemeanors)

The grand jury is a body of citizens that reviews whether there is sufficient probable cause to indict a defendant for a felony or an enhanced misdemeanor crime. A defendant does not have a right to attend the grand jury proceeding.

Superior Court Arraignment (felony crimes)

A criminal defendant who has been indicted appears in the superior court for arraignment to enter a plea. Usually a defendant pleads not guilty at this arraignment and the court sets bail.

District Court or Superior Court Trial

A person charged with a misdemeanor crime typically has his or her trial in the district division court. The judge decides both the facts and the law of the case. There is no jury. This kind of trial is called a bench trial.

A person indicted by a grand jury has a right to a trial by jury in the superior court. A jury of twelve impartial persons decides unanimously if a criminal defendant is guilty or not guilty.

In either a bench trial or a jury trial, the prosecution bears the burden to prove whether a defendant has committed the crime charged beyond a reasonable doubt.

Sentencing

When a defendant is found not guilty, he or she is discharged from the court process immediately. Upon the entry of a conviction, however, the court sentences the defendant to a term of fines, imprisonment, probation, restitution, or any other penalty that the law allows.

Appeal

A defendant who has been convicted in the district division court and who was facing any jail time may typically appeal the case to the superior court for a new trial by jury.

A defendant who has been convicted in superior court by a jury may typically appeal errors of law, not errors of fact, to the state supreme court.

Annulment / Expungement

A person who has been arrested, convicted or both may petition to annul any criminal or non-criminal offense that appears on a New Hampshire criminal record. The time periods to annul are generally one year for a violation, three years for a misdemeanor, and more years for a felony. A checklist is available at www.courts.state.nh.us/forms/annulment_checklist.pdf. Forms to file for annulment can be found at http://www.courts.state.nh.us/forms/nhjb-2317-ds.pdf. Our law office can help you write and submit these forms.

New Hampshire Criminal Court Process

Stages of the NH Criminal Justice System

Search among the top criminal defense lawyers, the best New Hampshire criminal attorneys, and the best DWI / DUI defense attorneys around Concord, Lebanon, Hanover, and Claremont and consider NH criminal attorney, NH criminal defense lawyer, and NH DWI attorney Rick St. Hilaire. Criminal law practice areas include possession of drugs / drug possession, alcohol offenses, drunk driving, DWI / DUI, felony / felonies, misdemeanor, traffic offenses, theft, shoplifting, alcohol, white collar, burglary, embezzlement, fraud, vehicular homicide, negligent homicide, manslaughter, habitual offender, arson, probation violations, forgery, obstruction of justice, and witness tampering. Areas served include: Concord, Lebanon, Hanover, Grafton County, Merrimack County, Sullivan County, Belknap County, Manchester, Enfield, Canaan, Plainfield, Cornish, Lyme, Grantham, Orford, Grafton, Haverhill, North Haverhill, Woodsville, Littleton, Lisbon, Piermont, Grantham, New London, Newport, Sunapee, Warner, Hopkinton, Henniker, Bow, Hooksett, Penacook, Allenstown, Hampstead, Pembroke, Contoocook, Laconia, Loudon, Belmont, New Hampton, Tilton, Franklin, Plymouth, Campton, Bristol, Lincoln, Conway, Lancaster, Claremont, Bow, Hooksett, Loudon. 43.707173,-72.283098; 43.203936,-71.538882.

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