What Do You Do if You Are on Trial for a Crime in New Hampshire?

Defenders on trial in New Hampshire typically have to argue their case before a judge/jury. However, many criminal cases handled by the state judiciary may also be settled by agreements between the state and the defendants. Usually, a plea negotiation involves the defendant entering a guilty plea to avoid the trial process. However, the failure of both sides to strike a plea bargain may lead to the commencement of trial procedures.

What Percentage of Criminal Cases Go To Trial in New Hampshire?

A small percentage of criminal cases go to trial in New Hampshire. After a person is charged with a crime, the accused may plead guilty or not guilty. In some cases, accused persons enter plea deals with the prosecutors of their cases, where the accused pleads guilty in exchange for a lesser charge. Defendants who do not find the plea agreements favorable proceed to trial, where the court decides the laws and facts of their case. Most criminal cases in New Hampshire end in plea deals, after which a sentencing hearing is scheduled.

When does a Criminal Defendant Have the Right to a Trial?

Under the New Hampshire Constitution (Article 14 of the Bill of Rights), every state citizen has a right to justice without any hindrances, delay, or denial. Defendants are entitled to impartial and speedy trials in New Hampshire regardless of the crimes they are accused of. A trial usually occurs after an indictment by a grand jury or if probable cause was determined during the preliminary hearing.

What are the Stages of a Criminal Trial in New Hampshire?

• Jury Selection
• Opening Statements
• Order of Evidence and Testimony of Witnesses
• Closing Arguments
• Jury Instructions
• Jury Deliberation
• Verdict

How Long Does it Take for a Case to Go to Trial in New Hampshire?

The time it takes for a case to go to trial in New Hampshire generally depends on the severity of the offense. Typically, the preliminary hearing to determine probable cause is done ten days after arraignment if the defendant is in custody and twenty days after arraignment if the defendant is not. The trial procedure ensues after a probable cause has been established successfully. Following the state’s Superior Court Speedy Trial Policy, misdemeanor cases may be disposed of within six months from entry and felony cases within nine months from indictment. Failure to adhere to this may result in a hearing to decide if the case should be dismissed for lack of a speedy trial. Cases against incarcerated defendants are also expected to be disposed of within four months, or it may violate the speedy trial policy.

What Does it Mean to be Indicted in New Hampshire?

In New Hampshire, an indictment refers to when a grand jury panel is convinced there is probable cause for an offender to be charged in court. This happens after the grand jury panel has been provided with enough evidence and facts from the case by the prosecution. It does not mean the defendant is guilty, nor does it mean they typically must be jailed. According to New Hampshire Rules of Criminal Procedure, Rule 7 & 8, it is a document used in the Superior Court for charging criminals, but it does not determine guilt. After a law enforcement investigation, the case files are presented to a grand jury that assesses them.

The grand jury consists of at least 12 and not more than 23 members. After the evidence review, the members vote on whether an indictment should be returned. In cases where at least 12 jurors vote in favor of an indictment, the case will go to trial. The panel returns an indictment to the court, which is filed and served on the relevant parties to prepare for arraignment and trial.

Does Indictment Mean Jail Time in New Hampshire?

No, being indicted in New Hampshire does not mean immediate jail time. Although an indictment shows enough evidence to charge you in court, it does not state that you are guilty. Thus, being held in law enforcement detention pending trial may be at the discretion of the court where it is established that you are a flight risk or danger to public safety, according to New Hampshire Revised Statutes 597:2. This law states that the court typically must order pretrial release except in situations where the court has reasons to detain the accused. Thus, an indictment does not mandate jail time, but the nature of the crime or status of the offender may cause the court to mandate detention pending trial.

What Happens When a Court Case Goes to Trial in New Hampshire?

Jury selection: While a judge typically hears misdemeanor criminal cases in New Hampshire District Court, a jury of twelve people hears trials on felonies in the Superior Court. The court is usually required to guarantee that each juror is qualified and impartial.

Opening Statements: Unlike the Superior Court, opening statements are usually not allowed in the Circuit Court except with the court’s permission for good cause. The prosecutor makes their opening statements first, and the defense may follow immediately or wait till the prosecutor is done with the presentation of evidence. Opening statements are usually not argumentative and have a timeframe of thirty minutes.

Order of Evidence and Testimony of Witnesses: The prosecutor presents evidence in its case-in-chief and may introduce some evidence through witnesses. The defense follows suit after the prosecutor. The court allows an attorney from each side to examine and cross-examine witnesses presented by the opposing side. Witnesses are also subject to recall if the court permits.

Closing Arguments: Each side has an hour to present its arguments, except as stated otherwise by the court. Upon presenting evidence and witnesses, the defense makes its closing arguments first, and the prosecutor argues last. If an attorney wishes to read an excerpt of testimony prepared by the court reporter to the jury, they must provide a copy of the excerpt to the opposing side.

Jury Instructions: The judge reads a set of instructions to the jury, and with the court's consent, either party may request specific instructions.

Jury Deliberation: The jury retires after receiving instructions to deliberate on the case and make a verdict.

Verdict: For non-jury trials, the court makes a verdict within a reasonable time after the trial. A jury's verdict should be undisputed and delivered in open court.

Can you be put on Trial Twice for the Same Crime in New Hampshire?

No, individuals cannot be put at risk of being tried twice for the same crime in New Hampshire. Article 16 of the state’s Bill of Rights ensures that defendants are not liable to be tried for the same offense upon the acquittal of a crime. The state’s legislature cannot subject any citizen to a capital sentence without a trial by an impartial jury.

How Do I Look up a Criminal Court Case in New Hampshire?

Generally, individuals may obtain information on New Hampshire criminal cases at the court where the case was filed. Querying parties may contact the custodian of the court records and request the desired case if it is non-confidential. The state’s judiciary site provides a search tool that interested parties may use to find court locations and contact details of the court administrators. New Hampshire criminal court records may also be accessed through third-party websites. These sites may offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed.

How to Access Electronic Court Records in New Hampshire?

The New Hampshire Judiciary site provides access to electronic court records on its case information page. Interested persons may get court records maintained by the state courts. However, the general public has limited access to court records on the case information page and may need to contact the custodian for more information.

How Do I Remove Public Court Records in New Hampshire?

To remove public court records in New Hampshire, interested persons may petition the appropriate court to have the desired records annulled if they are eligible under RSA 651:5. The steps involved in removing eligible court records include:

• Completing and filing the petition to annul records form
• A clerk issues an order of notice to all the parties involved within seven days of the filing. The concerned parties may respond within thirty days.
• Although a court may grant a petition without a hearing, a hearing could be held if the petitioner requests it.
• Upon the issuance of an annulment, the court maintaining the said records shall remove it from the public’s view. Petitioners may appeal dismissed petitions after three years.