Coos County Jail Criminal Court Process
Criminal Court Process for Coos County New Hampshire
Coos (Coös) County is New Hampshire's northernmost and largest county, running from the White Mountains to the Canadian border, and its county seat is Lancaster. Local criminal matters go to three branches of the 1st Circuit Court – District Division, in Berlin, Lancaster and Colebrook, and Coos Superior Court in Lancaster takes felonies. Misdemeanors are generally prosecuted by local police prosecutors, and felonies by the Coos County Attorney. People held after an arrest go to the Coos County Department of Corrections in West Stewartstown, near the Canadian line.
- 1st Circuit Court – District Division – Berlin (serves Berlin, Gorham, Milan, Dummer, Randolph, Shelburne and nearby unincorporated places such as Success and Cambridge), 650 Main Street, Suite 100, Berlin, NH 03570, 1-855-212-1234
- 1st Circuit Court – District Division – Lancaster (serves Lancaster, Whitefield, Jefferson, Dalton, Carroll, Northumberland, Stark and nearby unincorporated places), 55 School Street, Suite 201, Lancaster, NH 03584, 1-855-212-1234
- 1st Circuit Court – District Division – Colebrook (serves Colebrook, Pittsburg, Clarksville, Stewartstown, Columbia, Stratford, Errol, Dixville, Millsfield and the unincorporated North Country grants), 17 Bridge Street, Colebrook, NH 03576; staffed on scheduled session days, with the Lancaster clerk's office handling Colebrook matters on other days, 1-855-212-1234
- 1st Circuit Court – Family Division (juvenile matters), sitting in Berlin, Lancaster and Colebrook at the addresses above, 1-855-212-1234
- Coos Superior Court, 55 School Street, Suite 301, Lancaster, NH 03584, 1-855-212-1234
- Coos County Attorney, 55 School Street, Suite 141, Lancaster, NH 03584, (603) 788-5559
- New Hampshire Public Defender – Littleton Office (covers Coos County), 125 Main Street, 3rd Floor, Littleton, NH 03561, (603) 444-1185
- Coos County Department of Corrections, 168 County Farm Road, West Stewartstown, NH 03597, (603) 246-3315
Which court hears your case. In Coos County the location of the arrest decides which of three district division branches takes a misdemeanor, DWI or violation: Berlin and Gorham cases go to Main Street in Berlin, Whitefield and Lancaster cases to School Street in Lancaster, and charges from Pittsburg, Colebrook and the rest of the far north to the Bridge Street court in Colebrook. There are no city or town courts anywhere in the county, since New Hampshire merged its former municipal courts into the Circuit Court, so even a Berlin city-ordinance ticket is handled at the district division. A Class A misdemeanor defendant who prefers a jury can elect to have the case heard in Coos Superior Court. Felony charges begin in Superior Court in Lancaster, where the County Attorney files them directly, the same "felonies first" practice followed throughout New Hampshire.
Where pretrial detainees are held. Following an arrest by Berlin, Gorham or Lancaster police, the Coos County Sheriff or State Police Troop F, the person is booked at that agency's station. If bail is not posted, deputies or officers transport the person to the Coos County Department of Corrections at 168 County Farm Road in West Stewartstown, a county-run jail that can be well over an hour's drive from Berlin. That jail holds people awaiting trial on Coos County charges as well as those serving county sentences. Call (603) 246-3315 for custody and visiting information.
- 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 Coos County
- Federal cases (U.S. District Court) from Coos County
Misdemeanor (for example, theft, a first DWI, simple assault, criminal trespass)
Distances are long in Coos County, so officers often issue a summons with a court date instead of making a custodial arrest for minor offenses. DWI, domestic violence and warrant cases more often lead to booking.
Release on bail
When court is closed, an on-call bail commissioner reviews the case by phone or in person and sets either personal recognizance or a cash or surety amount, along with conditions like no alcohol or no contact with a named person. New Hampshire's bail statute, as amended in 2025, requires that someone who remains in custody see a judge within 36 hours, with weekends and holidays not counted. That 2025 law also did away with the after-hours court magistrates the state had tried earlier that year. People charged with some serious violent crimes cannot be released by a bail commissioner at all and must wait for a judge.
Court and counsel
At the arraignment in Berlin, Lancaster or Colebrook, the judge confirms the charge and penalty and the defendant pleads guilty or not guilty. Anyone who might be jailed and cannot pay a lawyer can complete a financial affidavit and ask for appointed counsel. North Country cases are assigned to the New Hampshire Public Defender's Littleton office, (603) 444-1185, or to contract lawyers; the state may later seek repayment of part of the fee.
Penalties at a glance
- Violations are punished only by a fine.
- Class B misdemeanors are fine-only offenses, with a $1,200 cap.
- Class A misdemeanors are punishable by a county jail term of up to one year, and the fine can reach $2,000.
- Theft involving $1,000 or less is a misdemeanor.
- A first DWI is a Class B misdemeanor: at least a $500 fine, nine months to two years without a license, and the state's Impaired Driver Care Management Program; finishing it may let the driver get part of the revocation suspended. If the case is aggravated, for instance with a breath result of .16 or more, it is charged as a Class A misdemeanor carrying required jail days and an ignition interlock.
- Simple assault is normally Class A, or Class B for a consensual fight.
- Criminal trespass can be a mere violation for ignoring no-trespassing signs, or a misdemeanor if someone enters a dwelling or other secured place.
District division judges hear trials without juries. Common outcomes include fines, suspended jail time conditioned on good behavior, probation and pleas to reduced charges. Appeals go to the New Hampshire Supreme Court. Most Coos misdemeanor cases are finished within one to four months, though the Colebrook court's limited session days can stretch scheduling.
Felony (for example, burglary, felony theft, drug sales, second-degree assault)
All Coos County felony cases are heard in Coos Superior Court at 55 School Street in Lancaster, the same building that houses the County Attorney and the Lancaster district division.
The path of a Coos felony
- Arrest, booking and bail. Anyone not released is then driven to the West Stewartstown jail.
- Complaint and first hearing in Superior Court. The County Attorney reviews the police reports and files the charge in Lancaster. Defendants held in jail are arraigned without delay, and bail is revisited.
- Grand jury indictment, or, if the defendant waives that step, an information filed by the prosecutor.
- Dispositional conference and plea negotiations after the evidence is shared.
- Jury trial before 12 Coos County residents whose verdict must be unanimous, if the case does not settle.
- Sentencing to state prison, the county jail, probation or a suspended term.
How serious the penalties are
Class B felonies, including second-degree assault, most burglaries and theft valued above $1,000 but no more than $1,500, are punishable by up to 3½ to 7 years and a $4,000 fine. Class A felonies, such as theft over $1,500 or burglary with a weapon or of an occupied home at night, carry up to 7½ to 15 years. Selling fentanyl, heroin, methamphetamine or cocaine is punished according to the drug and its weight, and the largest amounts can lead to as much as 30 years. New Hampshire prison sentences have a minimum and maximum term, with parole eligibility after the minimum.
Coos Superior Court has an adult drug treatment court, which gives qualifying defendants with substance use disorders an intensive, closely supervised treatment track as an alternative to incarceration. The Littleton public defender office generally handles eligible felony defendants. A typical Coos felony takes six to fifteen months.
Violent felony (for example, murder, aggravated felonious sexual assault, armed robbery)
The gravest Coos County cases are tried in Lancaster. The County Attorney prosecutes sexual assault, robbery and serious assault charges; the state Attorney General's Office in Concord takes charge of any homicide.
Prosecutors in these cases often ask the court to hold the defendant without bail, and under the standard adopted in 2025 a judge may do so when the evidence shows the person is dangerous. A defendant who is held can ask the Superior Court for a new bail hearing if circumstances change.
- First-degree murder: life imprisonment with no chance of parole; New Hampshire ended the death penalty in 2019.
- Second-degree murder: a sentence as long as life. Manslaughter: up to 30 years.
- Aggravated felonious sexual assault: generally 10 to 20 years, and certain offenses against young children carry mandatory prison terms.
- Armed robbery: a Class A felony punishable by up to 7½ to 15 years.
Victims in Coos County are entitled by state law to be kept informed of the case, to be present in court and to speak at sentencing, with help from the County Attorney's victim-witness advocate. Investigations in remote areas, lab testing and expert reports mean these cases often take one to two years or longer.
Juveniles (under 18) arrested in Coos County
A Coos County youth accused of breaking the law is brought before the 1st Circuit Court – Family Division in Berlin, Lancaster or Colebrook, depending on the town. These delinquency hearings are closed, and judges focus on treatment, supervision and family involvement.
Diversion and intake
For a first or minor offense, police may resolve the matter informally or refer the youth to a juvenile diversion program, where completing tasks such as restitution or counseling keeps the case out of court. Otherwise a delinquency petition is filed and presented by a police prosecutor or the Coos County Attorney. Juvenile Probation and Parole Officers with DCYF interview the youth and family and make recommendations to the judge.
If a youth is detained
Most juveniles are released to a parent. When a judge orders secure detention, the law generally requires a hearing within 24 hours, not counting weekends and holidays. Coos County youth who are detained go to the Sununu Youth Services Center at 1056 North River Road in Manchester, (603) 625-5471, roughly three hours south of Colebrook. New Hampshire has ordered that center replaced by a smaller secure facility on the Hampstead Hospital campus; the Manchester center remains open in 2026, and the move is anticipated in early 2027.
Outcomes and adult transfer
Dispositions can include probation, community service, restitution, counseling and, for the most serious cases, commitment to DCYF. For a serious felony, the County Attorney may seek to have a youth certified as an adult so the case moves to Coos Superior Court; the option generally applies from age 15, and to some younger teens only for a short list of grave violent offenses. Eligible juveniles receive counsel from the Littleton public defender office.
Federal cases (U.S. District Court) from Coos County
Federal charges arising in Coos County are filed in the U.S. District Court for New Hampshire, which has one courthouse for trials: the Warren B. Rudman U.S. Courthouse, 55 Pleasant Street, Concord, NH 03301. From Lancaster that is a drive of more than two hours, and from Pittsburg considerably longer.
Why the North Country sees federal cases
Coos County shares a long border with Quebec, so U.S. Border Patrol and Homeland Security Investigations cases, such as illegal entry and smuggling of people or drugs, show up here more than in most of the state. Other federal prosecutions involve fentanyl and methamphetamine distribution, felons or drug users with guns, fraud, child exploitation and bank robbery, investigated by the FBI, DEA, ATF, the IRS or postal inspectors.
The process
A federal defendant's first court appearance is before a U.S. magistrate judge. When the prosecution asks for detention, a hearing is generally held within three court days, and otherwise the defendant is released under conditions enforced by U.S. Probation and Pretrial Services; bondsmen are not part of the federal system. A complaint has to be followed by an indictment from a grand jury within 30 days of the arrest. After arraignment, the Speedy Trial Act's 70-day clock applies, though delays are common. Most federal cases end in guilty pleas. In a trial, all 12 jurors must agree. At sentencing the judge relies on a presentence report and the advisory Guidelines, and must apply any mandatory minimum. Because federal parole was abolished, inmates serve at least about 85 percent of their time before supervised release, and appeals are decided by the First Circuit.
Phone numbers
- U.S. Attorney's Office, District of New Hampshire, Concord: (603) 225-1552
- Federal Public Defender, New Hampshire office, 22 Bridge Street, Concord: (603) 226-7360 (CJA panel attorneys cover conflicts)
- U.S. Marshals Service, Room 207 of the Rudman Courthouse: (603) 225-1632
Custody and FCI Berlin
Before trial, federal defendants are held by the U.S. Marshals in contract jails in New Hampshire or other states, not necessarily close to home; families should call the Marshals to locate someone. Coos County is also home to FCI Berlin, a federal prison in Berlin run by the Bureau of Prisons, which holds people already sentenced in federal court; it is not where local pretrial cases are processed. For a sentenced person, the Bureau of Prisons inmate locator gives the current facility. Federal charges against juveniles are rare.
This Coos County page summarizes how criminal cases usually proceed and is not legal advice; it cannot cover every situation, and procedures may change. People charged in Berlin, Lancaster or Colebrook should get advice from a criminal defense lawyer or apply for appointed counsel through the New Hampshire Public Defender's Littleton office at (603) 444-1185. For court dates, call 1-855-212-1234.
Criminal Court Process for Coos County New Hampshire
Coos 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 Coos 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, Coos 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 Coos 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 Coos 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, Coos County or a city or town. The prosecuting attorney for Coos 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 Coos 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 Coos 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 Coos 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 Coos 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 Coos 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.
