Merrimack County House of Corrections Criminal Court Process
Criminal Court Process for Merrimack County New Hampshire
Concord, the state capital, is the county seat of Merrimack County and the site of its Superior Court on Court Street. Lower-level criminal cases from the county's towns are heard in the 6th Circuit Court's district divisions in Concord, Franklin and Hooksett, with a handful of western towns assigned to courts in Hillsborough and Newport. Town and city police prosecutors present most misdemeanors, and the elected Merrimack County Attorney handles felonies. Adults held after arrest go to the Merrimack County Department of Corrections jail in Boscawen.
- 6th Circuit Court – District Division – Concord, 32 Clinton Street, Concord, NH 03301 (Concord, Bow, Canterbury, Chichester, Dunbarton, Epsom, Hopkinton, Loudon and Pittsfield), 1-855-212-1234
- 6th Circuit Court – District Division – Franklin, 7 Hancock Terrace, Franklin, NH 03235 (Franklin, Andover, Boscawen, Danbury, Hill, Northfield, Salisbury and Webster, plus Tilton and Sanbornton in Belknap County), 1-855-212-1234
- 6th Circuit Court – District Division – Hooksett, 101 Merrimack Street, Hooksett, NH 03106 (Hooksett, Allenstown and Pembroke), 1-855-212-1234
- Courts outside the county that take Merrimack County towns: 6th Circuit – District Division – Hillsborough, 15 Antrim Road, Hillsborough, NH 03244 (Henniker, Warner, Bradford and Sutton); 5th Circuit – District Division – Newport, 55 Main Street, Newport, NH 03773 (New London, Newbury and Wilmot). Both: 1-855-212-1234
- 6th Circuit Court – Family Division (juvenile cases) in Concord (32 Clinton Street), Franklin (7 Hancock Terrace) and Hooksett (101 Merrimack Street), 1-855-212-1234
- Merrimack County Superior Court, 5 Court Street, Concord, NH 03301, 1-855-212-1234
- Merrimack County Attorney's Office, 4 Court Street, Concord, NH 03301, (603) 228-0529
- New Hampshire Public Defender – Concord office, 10 Ferry Street, Suite 202, Concord, NH 03301, (603) 224-1236
- Merrimack County Department of Corrections (county jail and house of corrections), 314 Daniel Webster Highway, Boscawen, NH 03303, (603) 796-3600
Which court hears your case. For a violation or misdemeanor in Merrimack County, including a first-offense DWI, the starting point is whichever 6th Circuit district division covers the community where police say it happened. A Concord or Bow arrest is heard on Clinton Street in Concord; a Boscawen, Franklin or Northfield case goes to Hancock Terrace in Franklin; Pembroke, Allenstown and Hooksett cases go to Merrimack Street in Hooksett. Four western towns (Henniker, Warner, Bradford and Sutton) use the district division in the town of Hillsborough, and New London, Newbury and Wilmot use the one in Newport. No town in the county has a municipal or city court of its own, because New Hampshire merged those older local courts into the statewide Circuit Court, so the district division fills that local role for every community. A judge, not a jury, decides circuit court trials; defendants charged with a Class A misdemeanor who prefer a jury can have the matter sent to the Superior Court on Court Street. Felony charges are filed directly in that Superior Court under the statewide "felonies first" procedure, rather than beginning with a probable cause hearing in circuit court.
Where pretrial detainees are held. Arrests in Merrimack County are made by the Concord Police Department, town police, the Merrimack County Sheriff's Office and the State Police, and each person is first brought to the arresting agency for processing. Someone not released there is taken to the Merrimack County Department of Corrections facility at 314 Daniel Webster Highway in Boscawen, north of Concord, which the county runs as its jail and house of corrections. The Sheriff's deputies move prisoners between Boscawen and the courthouses. For questions about whether someone is held, bail, visiting or deposits, call the facility at (603) 796-3600.
- Courthouses in Concord, Franklin and Hooksett
- From arrest to arraignment in Merrimack County
- The county jail in Boscawen
- Getting a public defender in Merrimack County
- The County Attorney, local prosecutors and diversion
- Treatment and mental health courts
- 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 Merrimack County
- Federal cases (U.S. District Court) from Merrimack County
Courthouses in Concord, Franklin and Hooksett
Concord is unusual in that state, county and federal criminal courts all sit within a few blocks of one another downtown.
- Merrimack County Superior Court, 5 Court Street, Concord. Every felony from the county is arraigned, tried and sentenced here, and Class A misdemeanor jury trials are heard here as well. The County Attorney's office is next door at 4 Court Street.
- Concord circuit court, 32 Clinton Street. This building houses both the district division, which hears misdemeanors and violations from Concord and nine surrounding towns, and the family division that handles juvenile delinquency.
- Franklin circuit court, 7 Hancock Terrace. The northern part of the county, along with Tilton and Sanbornton across the Belknap County line, comes here for district and family division matters.
- Hooksett circuit court, 101 Merrimack Street. A smaller courthouse serving the three towns along the southern border with Hillsborough County.
- Rudman U.S. Courthouse, 55 Pleasant Street, Concord. The state's only federal trial courthouse, described in the federal section.
For any of the state courts, the single statewide number, 1-855-212-1234, connects to the Judicial Branch's information line. Bring your paperwork, arrive at least 20 minutes early for security screening, and leave knives and other prohibited items at home.
From arrest to arraignment in Merrimack County
At the station
Processing happens at the arresting department: identification, fingerprints, photographs, an inventory of belongings and a warrant check. For many minor offenses the officer can release the person on a summons right away.
Bail commissioner or judge
When a person is not released on a summons, a bail commissioner usually reviews the case, often at the police station and at any hour. The commissioner may release the person on personal recognizance or require cash or a surety bond, typically adding terms like staying away from an alleged victim, refraining from alcohol, or obeying a curfew. People arrested on certain serious violent charges cannot be released by a bail commissioner and must wait for a judge. If someone remains in custody, New Hampshire law under House Bill 592 (2025) requires that a judge hold a bail hearing within 36 hours, a count that skips weekends and holidays. The same law made it easier for judges to order a dangerous defendant held until trial, while still requiring them to consider a person's finances before setting cash bail.
The first court date
Misdemeanor arraignments take place in the Concord, Franklin or Hooksett district division (or Hillsborough or Newport for the out-of-county towns). Felony arraignments happen at the Superior Court on Court Street. People in custody at Boscawen usually appear by video from the jail. The judge explains the charges and possible penalties, decides on counsel and reviews bail.
The county jail in Boscawen
The Merrimack County Department of Corrections runs the county's adult correctional facility at 314 Daniel Webster Highway, Boscawen, NH 03303, about eight miles north of downtown Concord on the county complex. It houses people awaiting trial who have not made bail, people serving county sentences, and people held for other courts or agencies.
- Phone: (603) 796-3600 for custody status, bail questions and general information.
- Bail: ask the facility or the court clerk how and where bail can be posted, and which payment methods are accepted, before making the trip.
- Visiting and communication: visitation, phone accounts, tablets and commissary deposits are governed by facility rules that change periodically; check the current procedures first.
- Programs: county corrections facilities in New Hampshire commonly offer substance use treatment, education and work programs to sentenced inmates; ask the facility what is available.
No one under 18 is held at the Boscawen jail; youth detention is covered in the juvenile section below.
Getting a public defender in Merrimack County
Appointed defense in Merrimack County is handled primarily by the New Hampshire Public Defender's Concord office, 10 Ferry Street, Suite 202, Concord, NH 03301, (603) 224-1236. NHPD is a private nonprofit that provides representation under contract with the New Hampshire Judicial Council. When it cannot take a case because of a conflict or caseload, the court appoints a contract attorney or an assigned lawyer from the private bar.
- Who qualifies: a defendant who cannot afford a lawyer and faces possible jail time. The court reviews a sworn financial statement to decide.
- When to ask: as early as possible, ideally at the bail hearing or arraignment. Detained defendants usually have counsel appointed at their first appearance.
- Possible repayment: the court may later order a person who received appointed counsel to reimburse the state in part, based on what he or she can afford.
- Fine-only offenses: because violations and Class B misdemeanors cannot result in jail, there is no right to appointed counsel for them.
The County Attorney, local prosecutors and diversion
Two levels of prosecutor work Merrimack County's criminal docket. In the district divisions, the Concord Police Department and the town departments present misdemeanor and violation cases through their own police prosecutors or shared prosecuting attorneys. The Merrimack County Attorney, an elected official at 4 Court Street, Concord, (603) 228-0529, takes over at the felony level, bringing cases to the grand jury and trying them in Superior Court; the office also prosecutes Class A misdemeanors that a defendant moves to Superior Court for a jury. Because Concord is the seat of state government, the Attorney General's Office is close by, and it prosecutes homicides and some other major cases from the county.
Diversion
Several Merrimack County communities participate in court diversion, which gives first-time, lower-level offenders, especially young adults, a chance to complete an agreement (classes, counseling, restitution or community service) in exchange for having the charge dropped. Diversion is offered at the prosecutor's discretion. A person who is interested should raise it through a defense attorney early in the case, before any plea.
Victim support
The County Attorney's victim-witness program keeps victims informed in felony cases. Under state law, victims may attend proceedings, consult with the prosecutor about plea offers, and address the court at sentencing.
Treatment and mental health courts
Merrimack County offers two kinds of problem-solving court for defendants whose offenses are tied to addiction or mental illness.
- Merrimack County Drug Court (Superior Court): a post-plea program for people facing felony charges who have a serious substance use disorder and a significant risk of reoffending. Participants receive treatment, case management and frequent testing, and they appear before the drug court judge on a regular schedule. Completing the program can mean a reduced or suspended sentence.
- Concord mental health court (circuit court): the Judicial Branch has listed a mental health court in the Concord district division, which works with defendants in misdemeanor cases whose behavior is linked to mental illness and connects them with community treatment.
Each program screens applicants and requires the prosecutor's approval, and charges involving serious violence or drug distribution can bar admission. Space and eligibility rules change, so a defense lawyer is the best source for whether a referral makes sense.
Misdemeanor (for example, theft, a first DWI, simple assault, criminal trespass)
New Hampshire divides minor offenses into three tiers. A violation is a fine-only offense that is not a crime. A Class B misdemeanor is a crime but is capped at a $1,200 fine with no possibility of jail. A Class A misdemeanor is punishable by a jail term as long as twelve months and a $2,000 maximum fine. Merrimack County misdemeanors are heard in the Concord, Franklin or Hooksett district division, or in Hillsborough or Newport for the western towns.
The process
After the plea at arraignment, a not-guilty case is usually set for a pretrial or status conference, where many are settled, and then for a bench trial before the district division judge. A Class A defendant who requests a jury has the case sent to the Superior Court at 5 Court Street.
Common charges and penalties
- Theft: taking property worth $1,000 or less is normally a Class A misdemeanor. First-time cases frequently end with restitution, a fine and a suspended sentence.
- First DWI: charged as a Class B misdemeanor, with a fine starting at $500, revocation of the driver's license for a minimum of nine months (some of which can be suspended when the person completes treatment), and the required impaired driver education and evaluation. Aggravating factors, such as a 0.16 or higher breath result, a crash causing injury or driving far over the speed limit, raise it to a Class A misdemeanor with mandatory days in custody and an ignition interlock.
- Simple assault: usually Class A, but a Class B misdemeanor if it was a fight entered into by mutual consent. A domestic violence designation carries added consequences, including federal firearms restrictions.
- Criminal trespass: can be as minor as a violation for walking onto posted property or as serious as a misdemeanor for going into a building or staying after being told to leave.
Outcomes and time
Pleas to the charge or to a lesser offense are common, as are fines with suspended jail time and dispositions that are filed and later dismissed. In Merrimack County a misdemeanor case usually wraps up in one to four months.
Felony (for example, burglary, felony theft, drug sales, second-degree assault)
The County Attorney brings every Merrimack County felony before the Superior Court in Concord. The usual sequence looks like this:
- Filing and bail: police send the case to the County Attorney, who files the felony complaint in Superior Court, where bail and conditions are reviewed.
- Grand jury: a Merrimack County grand jury hears the evidence and decides whether to return an indictment. Some defendants agree to waive indictment and be charged by information, usually as part of a negotiated plea.
- Arraignment: a not-guilty plea is entered and a schedule is set.
- Discovery and dispositional conference: the defense receives the state's evidence, and both sides meet to explore a resolution.
- Final pretrial conference and jury selection: cases that do not settle are tried before 12 jurors from the county, who must agree unanimously to convict.
- Sentencing: often after a presentence investigation by the state Department of Corrections' probation and parole division.
How felony sentences work
New Hampshire prison terms carry a minimum and a maximum, such as three to six years, and the minimum generally marks parole eligibility; earned time for completing programs can shorten it. The maximums are:
- Class B felony: 3½ to 7 years, plus a fine up to $4,000. Most burglaries, second-degree assault, and thefts between $1,000 and $1,500 fall in this class.
- Class A felony: 7½ to 15 years, plus a fine up to $4,000. Thefts exceeding $1,500 belong in this class, as do burglaries committed with a weapon or after dark in an occupied home.
- Drug sales: sentencing exposure depends on the drug and the weight involved; large amounts of fentanyl or heroin can mean up to 30 years.
A judge can also choose probation, a term at the Boscawen jail, or a suspended sentence. Expect a Merrimack County felony to take six to fifteen months from arrest to resolution.
Violent felony (for example, murder, aggravated felonious sexual assault, armed robbery)
The most serious violent cases also go through the Superior Court in Concord, but defendants are frequently held without bail at Boscawen, and the bail commissioner cannot release them after arrest. Homicides are handled not by the County Attorney but by the state Attorney General, whose prosecutors work just a few blocks from the courthouse.
Penalties
- Murder: the penalty for first-degree murder is a required life term with no parole, the harshest penalty available since New Hampshire ended capital punishment in 2019. Second-degree murder carries up to life, and manslaughter up to 30 years.
- Aggravated felonious sexual assault: many forms are punished by 10 to 20 years, and certain repeat or child-victim offenses carry mandatory minimum terms.
- Armed robbery: a Class A felony with a maximum range of 7½ to 15 years. Unarmed robbery is a Class B felony.
What to expect
These cases often involve forensic analysis, depositions and expert testimony, and they commonly take one to two years or more. Victims have the right to notice of hearings, to be present, to confer with the prosecutor, and to speak before sentence is imposed.
Juveniles (under 18) arrested in Merrimack County
Offenses by children and teenagers are delinquency matters for the 6th Circuit Court – Family Division, which hears them in Concord (32 Clinton Street), Franklin (7 Hancock Terrace) and Hooksett (101 Merrimack Street). Phone for all three: 1-855-212-1234. Youth from the western towns use the family division serving their district.
First steps
After police refer a case, a Juvenile Probation and Parole Officer from DCYF, the Division for Children, Youth and Families, assesses the youth and the family situation and makes a recommendation. Many minor first offenses are sent to a local juvenile diversion program rather than to court. When a petition is filed, the police prosecutor or the County Attorney's office presents it, and the youth is entitled to a lawyer, typically from the public defender's Concord office.
Detention
The court releases most juveniles to a parent or guardian, sometimes with conditions such as a curfew or school attendance. A youth ordered detained must receive a hearing quickly, usually within 24 hours excluding weekends and holidays. Secure detention for the whole state is provided at the Sununu Youth Services Center in Manchester. A 2023 law requires that facility to close in favor of a smaller one, and in 2026 the state reported that the new facility in Hampstead was nearing completion, with youth expected to relocate in early 2027; until that move, detained youth from Merrimack County still go to Manchester.
Results of a case
If the petition is proved, the judge may order probation, counseling, restitution, service hours, out-of-home placement or, for serious offenders, commitment to the state's secure facility. Juvenile proceedings are closed to the public, and the records are confidential.
Adult prosecution of juveniles
On a request by prosecutors, the family division can certify a teenager to be tried as an adult in Superior Court. This is possible for any felony committed at 15 or older, and for a short list of the most serious violent felonies, including murder, first-degree assault and aggravated felonious sexual assault, starting at age 13. The court holds a hearing and considers the offense, the youth's history and whether juvenile services could still help.
Federal cases (U.S. District Court) from Merrimack County
For people in Merrimack County, federal court is close to home: the state's sole federal trial courthouse sits in downtown Concord, the county seat.
- Court: U.S. District Court, District of New Hampshire, at the Warren B. Rudman U.S. Courthouse, 55 Pleasant Street, Concord, NH 03301. The district covers the whole state with no separate divisions.
- Prosecutor: U.S. Attorney's Office, 53 Pleasant Street, 4th Floor, Concord, NH 03301, (603) 225-1552, next door to the courthouse.
- Defense: the Federal Public Defender, whose three-state office (Massachusetts, New Hampshire and Rhode Island) keeps a branch in Concord, 22 Bridge Street, Concord, NH 03301, (603) 226-7360. If that office has a conflict, a CJA panel lawyer is appointed.
- Custody: U.S. Marshals Service, Rudman Courthouse, Room 207, (603) 225-1632.
- Appeals: the First Circuit Court of Appeals, which sits in Boston.
Typical cases
Investigators from the DEA, the FBI, ATF, HSI, postal inspectors and IRS Criminal Investigation generate cases from the county involving fentanyl and opioid distribution, illegal firearm possession and straw purchases, fraud schemes, online child exploitation and bank robbery. Sometimes a case begun by Concord police or the State Police is adopted for federal prosecution.
Steps in a federal case
The first appearance is before a U.S. magistrate judge. A government request to detain is normally heard within three court days; under the Bail Reform Act the judge either holds the defendant or sets release conditions that U.S. Probation and Pretrial Services enforces, and commercial bail bonds play no part. Prosecutors who start with a complaint have 30 days from the arrest to obtain an indictment. Following arraignment, a 70-day speedy-trial period begins, but it is routinely extended. Plea agreements resolve most cases. At trial, the jury has 12 members and its verdict must be unanimous. Sentencing comes months later, after a presentence report, with the advisory federal Sentencing Guidelines and any mandatory minimum sentences shaping the result. There is no parole in the federal system; with good-conduct time a prisoner still serves at least about 85 percent of the sentence in the Bureau of Prisons, then a term of supervised release.
Where federal defendants are held
Pretrial federal detainees are not necessarily held in Boscawen. The Marshals Service assigns them to jails, in-state or across the border, that hold federal prisoners under contract, and families can call the Marshals office in Concord to learn where someone is. Once a sentence is imposed, the facility can be looked up with the Bureau of Prisons inmate locator. It is uncommon for a juvenile to be charged federally.
Everything on this Merrimack County page is general information about how criminal cases ordinarily proceed in Concord and the surrounding towns, not legal advice for any particular case; statutes and court procedures change, and only a lawyer who knows the facts can advise you. To request appointed counsel, contact the New Hampshire Public Defender's Concord office at (603) 224-1236, and for court dates dial the Judicial Branch's statewide line, 1-855-212-1234.
Criminal Court Process for Merrimack County New Hampshire
Merrimack 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 Merrimack 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, Merrimack 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 Merrimack 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 Merrimack 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, Merrimack County or a city or town. The prosecuting attorney for Merrimack 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 Merrimack 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 Merrimack 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 Merrimack 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 Merrimack 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 Merrimack 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.
