Grafton County Dept of Corrections Criminal Court Process
Criminal Court Process for Grafton County New Hampshire
Grafton County runs along the Connecticut River from Lebanon and Hanover up to Littleton, and its county seat and courthouse complex are in North Haverhill. Local criminal cases are handled by the 2nd Circuit Court – District Division at four courthouses: Haverhill, Lebanon, Littleton and Plymouth. Grafton Superior Court in North Haverhill handles felonies. Police prosecutors present most misdemeanor cases, the Grafton County Attorney prosecutes felonies, and people who are not released after an arrest are jailed at the Grafton County Department of Corrections, also in North Haverhill.
- 2nd Circuit Court – District Division – Haverhill (serves Haverhill, Bath, Benton, Landaff, Piermont and Warren), 3785 Dartmouth College Highway, North Haverhill, NH 03774, 1-855-212-1234
- 2nd Circuit Court – District Division – Lebanon (serves Lebanon, Hanover, Enfield, Canaan, Grafton, Orange, Orford, Lyme and Dorchester), 38 Centerra Parkway, Lebanon, NH 03766, 1-855-212-1234
- 2nd Circuit Court – District Division – Littleton (serves Littleton, Bethlehem, Franconia, Sugar Hill, Lisbon, Lyman, Monroe and Easton), 134 Main Street, Littleton, NH 03561, 1-855-212-1234
- 2nd Circuit Court – District Division – Plymouth (serves Plymouth, Ashland, Bristol, Campton, Holderness, Thornton, Lincoln, Woodstock, Rumney, Wentworth, Groton, Hebron, Bridgewater, Alexandria, Ellsworth and, for most of their territory, Waterville Valley and Livermore), 26 Green Street, Plymouth, NH 03264, 1-855-212-1234
- 2nd Circuit Court – Family Division (delinquency cases), sitting at the Haverhill, Lebanon, Littleton and Plymouth courthouses listed above, 1-855-212-1234
- Grafton Superior Court, 3785 Dartmouth College Highway, North Haverhill, NH 03774, 1-855-212-1234
- Grafton County Attorney, Grafton County complex, 3785 Dartmouth College Highway, North Haverhill, NH 03774, (603) 787-6968
- New Hampshire Public Defender – Orford Office (Plymouth, Lebanon and Haverhill/Woodsville-area cases), 485 NH Route 10, Orford, NH 03777, (603) 353-4440
- New Hampshire Public Defender – Littleton Office (northern Grafton County), 125 Main Street, 3rd Floor, Littleton, NH 03561, (603) 444-1185
- Grafton County Department of Corrections, on the county complex off Dartmouth College Highway (Route 10), North Haverhill, NH 03774, (603) 787-2019
Which court hears your case. Grafton County spreads its district division work across four courthouses, and the town where the offense took place determines the one you attend. A Hanover or Lebanon misdemeanor goes to Centerra Parkway in Lebanon; a DWI in Lincoln, a Plymouth State-area theft or an assault in Bristol goes to Green Street in Plymouth; Littleton and Franconia cases go to Main Street in Littleton; and Woodsville and the other Haverhill-area towns use the North Haverhill court. These courts hear violations, misdemeanors and DWI charges. Grafton County has no municipal courts of its own because New Hampshire ended local town and city courts and gave their caseload to the Circuit Court, so every town's local prosecutions now run through one of these four district division branches. Class A misdemeanor defendants have the option of a jury trial, which shifts the case to Grafton Superior Court. All felony charges are filed by the County Attorney directly in Superior Court in North Haverhill, following the "felonies first" process used statewide.
Where pretrial detainees are held. The arresting agency, which might be Lebanon, Hanover, Plymouth or Littleton police, the Grafton County Sheriff or State Police, books the person first. Anyone who is not released is taken to the Grafton County Department of Corrections in North Haverhill, the county-run jail next to the courthouse. It holds people awaiting trial as well as those serving county sentences, and its staff answer custody and visiting questions at (603) 787-2019.
- 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 Grafton County
- Federal cases (U.S. District Court) from Grafton County
Misdemeanor (for example, theft, a first DWI, simple assault, criminal trespass)
College towns, ski areas and Interstate 89 and 93 traffic give Grafton County a steady flow of misdemeanor cases. Many begin with a summons; others, especially DWI and domestic assault, start with an arrest and booking.
How bail works now
When no judge is sitting, a bail commissioner sets release terms soon after booking. The options are release on personal recognizance or cash or surety bail, generally with conditions. The 2025 revision of New Hampshire's bail law gives the courts 36 hours, not including weekends or holidays, to put a held defendant in front of a judge, makes it easier to detain defendants found dangerous, and eliminated the overnight bail magistrate program. For some violent offenses, release must come from a judge, not a commissioner.
At the district division
The arraignment explains the complaint and maximum penalty and records the plea. Where jail is possible and the defendant cannot afford counsel, the court reviews a financial affidavit and may appoint the public defender, usually the Orford office, (603) 353-4440, or the Littleton office for northern towns, (603) 444-1185; contract lawyers handle conflicts, and some costs may later have to be repaid. The Lebanon, Littleton and Plymouth district divisions also run mental health courts for eligible defendants whose charges relate to mental illness, and Plymouth offers a veterans track.
Sentencing ranges
- Violation: fine only.
- Class B misdemeanor: no jail; fine as high as $1,200.
- Class A misdemeanor: up to 12 months behind bars and a $2,000 maximum fine.
- Theft: misdemeanor when the value is $1,000 or below.
- First DWI: a Class B misdemeanor, a fine starting at $500, a license revocation running nine months to two years, plus the Impaired Driver Care Management Program; meeting its requirements can cut short part of the revocation. Aggravated DWI, which includes a .16 or greater alcohol concentration, is a Class A misdemeanor that brings required jail and an ignition interlock.
- Simple assault: Class A in most cases; Class B when it was a mutual fight.
- Criminal trespass: a violation when it involves posted land, a misdemeanor when it involves a home or secured premises.
Judges, not juries, decide district division trials. Fines, suspended sentences, probation, alcohol or anger-management programs and reduced charges are frequent resolutions. An appeal from a district division conviction is taken to the state Supreme Court, and most cases are done within one to four months.
Felony (for example, burglary, felony theft, drug sales, second-degree assault)
Felony charges from anywhere in Grafton County, whether from Lebanon in the south or Littleton in the north, are heard in Grafton Superior Court in North Haverhill.
1. Filing. Police submit the case to the Grafton County Attorney, who files a felony complaint in Superior Court. Bail is reviewed at the Superior Court arraignment, which happens quickly for jailed defendants.
2. Indictment. A Grafton County grand jury hears the prosecution's evidence and decides whether to indict. Defendants can waive this step and be charged by information, which often accompanies a plea agreement.
3. Pretrial. The defense receives discovery, both sides attend a dispositional conference, and the court handles motions such as requests to suppress evidence.
4. Trial or plea. If the case goes to trial, 12 Grafton County jurors decide it and must agree unanimously.
5. Sentencing. The judge may impose state prison, county jail, probation or a suspended sentence, sometimes after a presentence investigation.
Penalty levels
- Class B felony: a maximum of 3½ to 7 years and $4,000. Second-degree assault, most burglaries and theft of more than $1,000 but not over $1,500 are in this class.
- Class A felony: a maximum of 7½ to 15 years and $4,000. This covers theft over $1,500 and burglary when armed or when breaking into an occupied home at night.
- Drug distribution: the sentence depends on what drug was sold and how much; trafficking in big quantities of fentanyl or heroin can be punished by up to 30 years.
Every New Hampshire prison term has both a floor and a ceiling, and the Parole Board can consider release once the floor has been served. Grafton Superior Court operates an adult felony drug court for defendants whose offenses stem from addiction, pairing treatment and frequent testing with judicial supervision. Eligible clients are usually represented by the Orford or Littleton public defender office. Plan on six to fifteen months for a typical felony case.
Violent felony (for example, murder, aggravated felonious sexual assault, armed robbery)
Grafton Superior Court tries the county's serious violent felonies. The Grafton County Attorney prosecutes sexual assaults, robberies and major assaults, while murder and manslaughter charges are brought by the state Attorney General's Office instead.
Pretrial release is frequently denied in these cases. Since 2025, New Hampshire judges have had broader authority to keep a defendant in jail before trial when the evidence shows a danger to the public or to a particular person. Defendants who are released usually face tight restrictions.
Potential sentences
- First-degree murder carries mandatory life imprisonment, with parole ruled out; the state abolished capital punishment in 2019.
- Second-degree murder is punishable by up to life, and manslaughter by up to 30 years.
- Aggravated felonious sexual assault is generally punished by 10 to 20 years, with mandatory minimums in some cases involving children or prior convictions.
- Armed robbery counts as a Class A felony, so the ceiling is 7½ to 15 years.
Victims are guaranteed notice of hearings, the chance to attend them and the right to address the court before sentencing, and the County Attorney's victim-witness program supports them. Because of forensic analysis, expert witnesses and extensive motions, these cases typically take one to two years or more.
Juveniles (under 18) arrested in Grafton County
Children and teenagers charged with offenses in Grafton County appear in the 2nd Circuit Court – Family Division at the courthouse that serves their town: North Haverhill, Lebanon, Littleton or Plymouth. Juvenile delinquency hearings are confidential and focused on rehabilitation.
- Diversion first. Police can choose to handle a minor offense informally or send it to a juvenile court diversion program, where completing community service, restitution or counseling keeps the youth from a formal petition.
- DCYF involvement. DCYF's Juvenile Probation and Parole Officers conduct intake, look at school and family circumstances and recommend next steps.
- Who prosecutes. Delinquency petitions are brought by police prosecutors or by the Grafton County Attorney.
- Detention. Most young people are released to their families. If a judge orders secure detention, a hearing must generally take place within 24 hours, excluding weekends and holidays, and the youth is held at the Sununu Youth Services Center, 1056 North River Road, Manchester, NH 03104, (603) 625-5471. State law directs that the Manchester center be replaced with a smaller secure facility in Hampstead; it is still in operation through 2026, with the transfer of youth expected around early 2027.
- Dispositions. Judges can order probation, counseling, restitution or community work, and serious cases can end with the youth committed to DCYF custody.
- Adult certification. For a serious felony, the prosecutor can ask to have a juvenile tried as an adult in Grafton Superior Court. The option generally begins at age 15, extends to some younger teens only for the most serious violent charges, and requires a Family Division hearing first.
Eligible youth are appointed a lawyer, usually from the Orford or Littleton public defender office.
Federal cases (U.S. District Court) from Grafton County
Where the case is heard. The federal District Court serving New Hampshire has no divisions, so Grafton County federal cases are tried at the Warren B. Rudman U.S. Courthouse, 55 Pleasant Street, Concord, NH 03301. Lebanon is a bit over an hour away by Interstate 89; North Haverhill and Littleton are farther. Jurors are summoned from all parts of the state.
What kinds of cases. Federal investigators, among them the DEA, the FBI, HSI, ATF, postal inspectors and IRS agents, bring cases from Grafton County involving opioid and fentanyl trafficking on the I-89 and I-93 corridors, prohibited persons with firearms, false statements to buy guns, internet child exploitation, fraud and bank robbery.
Offices to know. The U.S. Attorney's Office for the District of New Hampshire prosecutes these cases from 53 Pleasant Street, 4th Floor, Concord, (603) 225-1552. Defendants who cannot afford a lawyer are represented by the Federal Public Defender's Concord office at 22 Bridge Street, (603) 226-7360; conflict cases go to CJA panel attorneys. The U.S. Marshals Service, Room 207 at the Rudman Courthouse, (603) 225-1632, handles custody.
How the case proceeds. After arrest, a magistrate judge holds the initial appearance. A detention hearing usually comes within three court days if the government wants the defendant held; if not, release is ordered under supervision by U.S. Probation and Pretrial Services, with no bondsman involved. When the case begins by complaint, prosecutors have 30 days from arrest to obtain an indictment, and an arraignment follows. The Speedy Trial Act sets a 70-day limit that is often extended for good reason. Plea agreements resolve most cases, and the rare trial requires a unanimous 12-member jury. The sentencing judge reviews a presentence report, calculates the advisory Sentencing Guidelines and applies any statutory mandatory minimum. Federal inmates are not eligible for parole and serve no less than roughly 85 percent of their sentences once good-conduct time is applied, and supervised release comes after that. Any appeal is decided by the First Circuit, the federal appeals court that sits in Boston.
Locating a federal prisoner. The Marshals place pretrial federal detainees in contract jails in New Hampshire or a neighboring state, which may be far from the Upper Valley. Relatives should call the Marshals office. Once sentenced, a person's federal prison assignment is listed by the Bureau of Prisons online locator tool. Federal juvenile cases are seldom brought.
Nothing on this Grafton County page is legal advice; it is a general description of the local criminal process, and rules and practices can change. If you have been charged in Lebanon, Plymouth, Littleton or North Haverhill, consult a defense attorney or seek appointed counsel; the New Hampshire Public Defender's Orford office is at (603) 353-4440, and the Judicial Branch Information Center can be reached at 1-855-212-1234.
Criminal Court Process for Grafton County New Hampshire
Grafton 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 Grafton 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, Grafton 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 Grafton 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 Grafton 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, Grafton County or a city or town. The prosecuting attorney for Grafton 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 Grafton 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 Grafton 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 Grafton 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 Grafton 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 Grafton 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.
