Cheshire County Dept. of Corrections Criminal Court Process
Criminal Court Process for Cheshire County New Hampshire
Keene is the county seat of Cheshire County in the Monadnock Region of southwestern New Hampshire. The 8th Circuit Court – District Division hears local criminal cases at two courthouses, one in Keene and one in Jaffrey, and Cheshire Superior Court in Keene handles felonies. Police prosecutors usually present misdemeanor cases, while the Cheshire County Attorney's Office prosecutes felonies. People who are held after an arrest stay at the Cheshire County Department of Corrections on Marlboro Road in Keene.
- 8th Circuit Court – District Division – Keene (serves Keene, Swanzey, Winchester, Hinsdale, Chesterfield, Walpole, Westmoreland, Marlborough, Troy, Alstead, Gilsum, Harrisville, Nelson, Stoddard, Sullivan, Surry, Marlow, Richmond and Roxbury), 33 Winter Street, Suite 1, Keene, NH 03431, 1-855-212-1234
- 8th Circuit Court – District Division – Jaffrey (serves Jaffrey, Rindge, Fitzwilliam and Dublin, plus several Hillsborough County towns including Peterborough), 84 Peterborough Street, Jaffrey, NH 03452, 1-855-212-1234
- 8th Circuit Court – Family Division (juvenile delinquency), at 33 Winter Street, Keene, and 84 Peterborough Street, Jaffrey, 1-855-212-1234
- Cheshire Superior Court, 33 Winter Street, Suite 2, Keene, NH 03431, 1-855-212-1234
- Cheshire County Attorney's Office, 12 Court Street, Keene, NH 03431, (603) 352-0056
- New Hampshire Public Defender – Keene Office, 1 West Street, 2nd Floor, Keene, NH 03431, (603) 357-4891
- Cheshire County Department of Corrections, 825 Marlboro Road, Keene, NH 03431, (603) 903-1600
Which court hears your case. Misdemeanors, violations and DWI charges stay in the district division. If you were arrested in Keene, Swanzey, Winchester or most of the county's western and northern towns, your case will be in the Winter Street courthouse in Keene; arrests in Jaffrey, Rindge, Fitzwilliam and Dublin go to the Jaffrey courthouse on Peterborough Street. No Cheshire community runs its own municipal court: New Hampshire eliminated those local courts when it created the Circuit Court, and a Keene city police case is heard by the same district division judges as a case from a small town. A defendant charged with a Class A misdemeanor may ask for a jury trial, which moves the case to Cheshire Superior Court in the same Winter Street building. Felonies are charged by the County Attorney straight into Superior Court; Cheshire was one of the first counties to adopt this "felonies first" approach, which now applies statewide.
Where pretrial detainees are held. Fingerprinting and photographs are taken first by whichever agency made the arrest, whether that is Keene, Swanzey or Jaffrey police or State Police Troop C. Anyone who is not released on bail is moved to the Cheshire County Department of Corrections at 825 Marlboro Road, a county-operated jail on Route 101 east of downtown Keene that holds both pretrial detainees and people serving county sentences. Ask the jail at (603) 903-1600 about a specific inmate, visiting or posting bail.
- Misdemeanor (for example, theft, a first DWI, simple assault, criminal trespass)
- Felony (for example, burglary, felony theft, drug sales, second-degree assault)
- Violent felony (for example, murder, aggravated felonious sexual assault, armed robbery)
- Juveniles (under 18) arrested in Cheshire County
- Federal cases (U.S. District Court) from Cheshire County
Misdemeanor (for example, theft, a first DWI, simple assault, criminal trespass)
A Cheshire County misdemeanor usually starts with either a written summons or an arrest. Those taken into custody are processed at the police station and then have their bail set.
Bail and release
Evening and weekend arrests are handled by a bail commissioner who sets the terms of release: personal recognizance, cash, or surety bail, plus conditions. A person who stays in custody must be brought before a judge within 36 hours, leaving out weekends and holidays, under New Hampshire's 2025 bail revisions. Those changes ended the brief use of court magistrates for after-hours bail and made it easier for judges to detain defendants considered dangerous. For certain violent charges, a bail commissioner cannot release the person, who must wait for a judge.
In the district division
The arraignment in Keene or Jaffrey covers the charge, the penalty range and a plea. If incarceration is a possibility and you lack money for a lawyer, the court can appoint the New Hampshire Public Defender's Keene office, (603) 357-4891, once a financial affidavit is approved; contract lawyers fill in when there is a conflict. Defendants may later be asked to reimburse part of the cost.
Penalty guide
- Class B misdemeanor: fine only, capped at $1,200.
- Class A misdemeanor: up to one year in the county jail and $2,000.
- Theft: up to $1,000 in value is a misdemeanor; higher values are felonies.
- First DWI: a Class B misdemeanor that brings a $500-minimum fine, a revocation of at least nine months and up to two years, and the Impaired Driver Care Management Program, whose completion can reduce how long the license is actually lost. An aggravated DWI, involving for example a .16 blood-alcohol level or a crash causing serious injury, is a Class A misdemeanor with required jail time and an ignition interlock.
- Simple assault: typically Class A; a mutual-consent fight is Class B.
- Criminal trespass: a violation for posted property, a misdemeanor for buildings and homes.
District division cases are decided by a judge without a jury. Common results include a fine, probation, a suspended sentence, community service or a plea to a lesser charge. Convictions can be appealed to the New Hampshire Supreme Court. Expect one to four months for most cases.
Felony (for example, burglary, felony theft, drug sales, second-degree assault)
Felony cases begin in Cheshire Superior Court rather than the district division. The process typically runs as follows.
Charging and arraignment. After an arrest, police forward their reports to the Cheshire County Attorney, who decides what to charge and files a complaint in Superior Court. Detained defendants are arraigned promptly, and bail is reviewed at that hearing; those already released receive a later arraignment date.
Grand jury or information. The prosecutor then presents the case to a Cheshire County grand jury. When a defendant agrees, the case can instead proceed on an information, which skips the grand jury and is common in negotiated pleas.
Pretrial stages. Both sides exchange discovery and meet at a dispositional conference. If no deal is reached, the court sets a final pretrial conference and a trial date.
Trial and sentencing. Twelve Cheshire County jurors must reach a unanimous verdict. After a conviction or plea, the judge sentences the defendant, sometimes after a presentence investigation by state probation.
Sentence exposure
- Class B felony: up to 3½ to 7 years plus as much as $4,000. Examples include second-degree assault, many burglaries and theft from $1,000 to $1,500.
- Class A felony: up to 7½ to 15 years and up to $4,000. Theft above $1,500 falls here, as does an armed burglary or a nighttime break-in of a home where people are present.
- Sale of controlled drugs: the range depends on drug type and weight; large fentanyl or heroin quantities can carry up to 30 years.
Prison terms in New Hampshire have a minimum and a maximum, and parole is possible after the minimum is served. Cheshire Superior Court runs an adult felony drug court and a mental health court, both of which offer supervised treatment for qualifying defendants as an alternative to prison. The Keene public defender office handles most appointed felony cases. Felony cases here usually finish within six to fifteen months.
Violent felony (for example, murder, aggravated felonious sexual assault, armed robbery)
Cheshire Superior Court in Keene tries the county's most serious violent cases. Sexual assaults, robberies and first-degree assaults are prosecuted by the Cheshire County Attorney, but homicides are taken by the Attorney General's Office, which handles murder cases throughout New Hampshire.
Custody while the case is pending
Because current law allows a judge to deny bail to a defendant found to be dangerous, many people charged with these crimes remain at the Marlboro Road jail through trial. Defense lawyers can request a bail hearing at any stage and propose alternatives like electronic monitoring.
Sentencing ranges
- First-degree murder: mandatory life without parole. New Hampshire no longer has a death penalty.
- Second-degree murder: imprisonment that can extend to life. Manslaughter: up to 30 years.
- Aggravated felonious sexual assault: commonly 10 to 20 years, with mandatory terms in some child-victim and repeat cases.
- Armed robbery: Class A felony, 7½ to 15 years at most.
New Hampshire's victims' rights laws give victims in these cases the right to be notified, to attend and to address the court at sentencing. Expert testimony, DNA work and suppression motions mean most cases take one to two years or more to resolve.
Juveniles (under 18) arrested in Cheshire County
Delinquency cases for children and teens in Cheshire County are heard by the 8th Circuit Court – Family Division, in Keene for most of the county and in Jaffrey for the southeastern towns. The proceedings are private and aimed at getting the young person back on track.
Before a petition is filed. Police can warn and release a juvenile, refer the case to a community diversion program, or file a delinquency petition. Each referral is evaluated by a Juvenile Probation and Parole Officer employed by DCYF, New Hampshire's Division for Children, Youth and Families, who then recommends a course of action. A police prosecutor or the Cheshire County Attorney's office presents the case in court.
Secure detention. Holding a youth in a locked facility is the exception. When a judge orders it, New Hampshire law generally requires a detention hearing within 24 hours, excluding weekends and holidays. The only secure juvenile facility in the state is the Sununu Youth Services Center, 1056 North River Road, Manchester, NH 03104, (603) 625-5471. Legislation calls for shutting it down in favor of a smaller secure center in Hampstead; the Manchester facility is still in operation in 2026, and youth are expected to move to Hampstead around early 2027.
Results. A judge may order probation, counseling, restitution, community work or, for serious or repeat behavior, commitment to DCYF. Eligible juveniles are represented by the Keene public defender office.
Transfer to adult court. Prosecutors may petition the Family Division to certify a teen accused of a serious felony for trial as an adult in Cheshire Superior Court. Certification is generally available at age 15 and up, and in more limited circumstances for younger teens charged with the gravest violent offenses, after a hearing on the young person's maturity, record and the nature of the crime.
Federal cases (U.S. District Court) from Cheshire County
New Hampshire has a single federal judicial district, and Cheshire County defendants charged with federal offenses appear in Concord, about an hour and a quarter from Keene, at the Warren B. Rudman U.S. Courthouse, 55 Pleasant Street, Concord, NH 03301.
Federal cases from the Monadnock Region often involve drug trafficking routes along Routes 9, 12 and 101 between Massachusetts, Vermont and New Hampshire, illegal gun possession or straw purchases, fraud, child exploitation and bank robbery. Investigators include the DEA, FBI, ATF, HSI, the IRS and the U.S. Postal Inspection Service, frequently in joint work with Keene police.
- First appearance. A federal magistrate judge advises the defendant of the charges and the right to counsel.
- Detention or release. If prosecutors request detention, a hearing usually takes place within three court days. Released defendants are supervised by U.S. Probation and Pretrial Services; bail bondsmen play no role.
- Indictment. When a case starts with a criminal complaint, the government has 30 days to secure a grand jury indictment, and an arraignment comes next.
- Trial schedule. The Speedy Trial Act allows 70 days, but continuances often extend that. Most federal cases are resolved by plea; trials use a unanimous jury of 12 drawn from across the state.
- Sentencing. The judge weighs the probation office's presentence report and the advisory guideline range, plus any statutory minimum.
- Prison and release. Federal law has no parole. Even with good-conduct credit, time actually served in the Bureau of Prisons usually reaches 85 percent of the sentence or more, and supervised release begins afterward. Appeals go to the First Circuit in Boston.
Key offices: the U.S. Attorney's Office, 53 Pleasant Street, 4th Floor, Concord, (603) 225-1552; the New Hampshire office of the Federal Public Defender, 22 Bridge Street, Concord, (603) 226-7360 (CJA panel lawyers take conflict cases); and the U.S. Marshals Service, Rudman Courthouse, Room 207, (603) 225-1632.
Federal detainees awaiting trial are placed by the Marshals in contract jails across New Hampshire and nearby states, so a Keene-area defendant could be housed far from home. Families should contact the Marshals; the Bureau of Prisons inmate locator shows where a person is sent once the sentence is imposed. It is uncommon for a juvenile to face federal charges.
Please treat this Cheshire County guide as background information rather than legal advice; laws and court schedules change, and every case has its own facts. If you face charges in Keene or Jaffrey, contact a defense lawyer or the New Hampshire Public Defender's Keene office at (603) 357-4891; general court questions go to 1-855-212-1234.
Criminal Court Process for Cheshire County New Hampshire
Cheshire County New Hampshire Criminal Court System – Definitions
It might be helpful to define some words that will be used on this site, when explaining the New Hampshire Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in Cheshire County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when New Hampshire, Cheshire County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Cheshire County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.
Booking is when the Cheshire County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of New Hampshire, Cheshire County or a city or town. The prosecuting attorney for Cheshire County or the district is called the County Attorney. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime. Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the Cheshire County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Cheshire County Jail until their trial.
Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. In New Hampshire, the bail bond is processed by a clerk or bail commissioner who relies on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney.
A personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court.
Cash percentage in lieu of bonds. If the bond order permits, the defendant pays 10% to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.
Surety Bond is when defendant pays a percentage of the bond amount (usually 10%) to a professional bondsman or bail bond company licensed to do business in New Hampshire, {county extended}. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than New Hampshire.
A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in Cheshire County, and it must be worth at least the amount of the bond.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.
If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.
In New Hampshire, indigent defendants are provided with appointed counsel rather than a public defender. New Hampshire contracts with a private law firm to serve the entire state. The New Hampshire Public Defender is a non-profit law firm that has served as the statewide public defender program, through a series of two-year contracts with the state’s judicial council.
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. New Hampshire Legal Aid provides assistance in legal aide and self-representation. More information can be found on the following website. The New Hampshire Judicial Branch also offers legal self-help.
A district court can refer to the first level of the legal system, or a minor court. District courts are in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There is one U.S. federal district court in New Hampshire, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found not guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
In New Hampshire, a misdemeanor is divided into Class A or B.
- Class A misdemeanors carry punishments of jail for up to 1 year and/or pay a fine up to $2,000.
- Class B misdemeanors carry fines up to $1200 and no jail time.
A felony crime is a more serious crime than a misdemeanor and are divided into different classes which are general guidelines and are based on the crime, prior criminal history and other factors. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.
Felonies in New Hampshire are divided into Category A through E with A being the most severe felony.
Sentencing guidelines are used to determine which category to charge based on information from the incident, prior record and crimes that occurred at the same incident.
The Cheshire County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Cheshire County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
New Hampshire Criminal Court System - How it Works
The district court division of the circuit court handles criminal misdemeanor cases and motor vehicle violations. Other divisions in the circuit court include family (juvenile included) and probate court. There are 10 circuits in the state, one in each county with several court locations within the district.
The New Hampshire Superior Court is the trial court for misdemeanor and felony cases. Generally, the less serious misdemeanor cases are heard in district court and the more serious cases are heard in superior court. Felony cases as drugs, burglary, theft and aggravated sexual assault) are handled from preliminary hearing through to trial or plea bargain. Misdemeanor appeals from the circuit court district division are heard in superior court.
Specialty courts or problem-solving courts are being adopted in many states to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. New Hampshire offers drug and mental health courts are available in various Superior and Circuit Court District Division locations in New Hampshire.
The New Hampshire Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The New Hampshire State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.
The criminal cases are usually referred from the Superior Courts.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the New Hampshire state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There is one U.S. Federal Judicial District in New Hampshire.
