Rockingham County Dept. of Corrections Criminal Court Process

Search for an Inmate or Active Arrest Warrant in Rockingham County

Criminal Court Process for Rockingham County New Hampshire

Rockingham County, which runs from the Seacoast to the Massachusetts border at Salem, keeps its county seat and its Superior Court in Brentwood. Six 10th Circuit Court district divisions, in Brentwood, Candia, Derry, Hampton, Portsmouth and Salem, hear misdemeanors and violations from the county's 37 towns and cities. Police prosecutors present most of those cases, and the elected Rockingham County Attorney prosecutes felonies. Anyone kept in custody after an arrest waits at the county's Department of Corrections jail, which is also in Brentwood.

  • 10th Circuit Court – District Division – Brentwood, 10 Route 125, Brentwood, NH 03833 (Brentwood, Danville, East Kingston, Epping, Exeter, Fremont, Kensington, Kingston, Newfields, Newmarket, Newton and Stratham), 1-855-212-1234
  • 10th Circuit Court – District Division – Candia, 110 Raymond Road, Candia, NH 03034 (Auburn, Candia, Deerfield, Northwood, Nottingham and Raymond; staffed on criminal hearing days, with the Derry court assisting otherwise), 1-855-212-1234
  • 10th Circuit Court – District Division – Derry, 10 Courthouse Lane, Derry, NH 03038 (Derry, Londonderry, Chester and Sandown), 1-855-212-1234
  • 10th Circuit Court – District Division – Hampton, 3 Timber Swamp Road, Hampton, NH 03842 (Hampton, Hampton Falls, North Hampton, South Hampton and Seabrook), 1-855-212-1234
  • 10th Circuit Court – District Division – Portsmouth, 111 Parrott Avenue, Portsmouth, NH 03801 (Portsmouth, Greenland, New Castle, Newington and Rye), 1-855-212-1234
  • 10th Circuit Court – District Division – Salem, 35 Geremonty Drive, Salem, NH 03079 (Salem, Windham, Atkinson, Hampstead and Plaistow, plus Pelham in Hillsborough County), 1-855-212-1234
  • 10th Circuit Court – Family Division for delinquency matters, sharing the six buildings above, 1-855-212-1234
  • Rockingham County Superior Court, 10 Route 125, Brentwood, NH 03833, 1-855-212-1234
  • Rockingham County Attorney's Office, 10 Route 125, Brentwood, NH 03833, (603) 642-4249
  • New Hampshire Public Defender – Stratham office, 142 Portsmouth Avenue, Stratham, NH 03885, (603) 778-0526
  • Rockingham County Department of Corrections (the county's jail and house of correction), 99 North Road, Brentwood, NH 03833, (603) 679-2244

Which court hears your case. Rockingham County's lower-level criminal cases, from shoplifting at the Salem malls to a first DWI on Route 101, are filed in the 10th Circuit district division that serves the town of the offense, as listed above. Exeter and Stratham cases are heard in Brentwood, Londonderry cases in Derry, Seabrook cases in Hampton, Rye cases in Portsmouth and Plaistow cases in Salem. There are no separate town, city or municipal courts anywhere in the county; New Hampshire folded those into its Circuit Court, which now handles every local criminal matter through these six district divisions. Trials in the district division are decided by a judge, and a defendant facing a Class A misdemeanor who wants twelve jurors instead can transfer the case to the Rockingham County Superior Court. Felonies are filed by the County Attorney straight into that Superior Court in Brentwood, the statewide "felonies first" practice that replaced the older system of probable cause hearings in the circuit courts.

Where pretrial detainees are held. An adult arrested by one of Rockingham County's many town and city police departments, the Rockingham County Sheriff's Office or the State Police is first held at the arresting agency for booking. A person who is not released there is taken to the Rockingham County Department of Corrections at 99 North Road in Brentwood, a short distance from the Superior Court. The county Department of Corrections, not the Sheriff, operates this jail and house of corrections, while sheriff's deputies handle court transport. Families can call (603) 679-2244 to confirm custody, bail amounts, visiting rules and how to send money.

Courthouses: the Brentwood complex and the five town courts

Brentwood, a small inland town between Exeter and Kingston, is the hub of Rockingham County's justice system. Several key offices share a single campus there.

  • 10 Route 125, Brentwood. This courthouse is home to the Rockingham County Superior Court, where all felonies are arraigned and tried, as well as the Brentwood district and family divisions and the County Attorney's office.
  • 99 North Road, Brentwood. The county jail and house of corrections is located nearby on the county complex.
  • Portsmouth (111 Parrott Avenue) and Hampton (3 Timber Swamp Road). These two courts handle the Seacoast's misdemeanor docket, which rises in summer with beach-season arrests in Hampton and Seabrook.
  • Derry (10 Courthouse Lane) and Salem (35 Geremonty Drive). These busy courts serve the fast-growing towns along Interstate 93 near the Massachusetts line.
  • Candia (110 Raymond Road). A part-time location for the inland towns, open mainly on days when criminal hearings are scheduled.

Call the Judicial Branch's centralized line, 1-855-212-1234, to confirm a hearing, especially for Candia, whose schedule is limited. Plan for security screening at the door, and give yourself extra time if you are traveling to Brentwood from the coast or the Salem area.

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After an arrest in Rockingham County

Booking

Booking takes place at the arresting department in Portsmouth, Salem, Derry, Exeter or whichever town made the arrest. Officers take fingerprints and a photo, inventory property and check for warrants. Lower-level arrests often end with release on a summons and a court date.

Release and bail

If the person is not released by the police, a bail commissioner typically decides on release, often at the station and sometimes in the middle of the night. The options run from personal recognizance with no money down to cash or a surety bond, usually paired with terms like staying away from a named person, no alcohol or drugs, or not returning to a certain residence. A defendant charged with one of several serious violent offenses cannot be released by a commissioner and must instead wait for a judge. Under House Bill 592, which took effect in September 2025, judges have broader authority to order detention, and a detained person must be brought before a judge for a bail hearing within 36 hours, excluding weekends and holidays.

Arraignment

Misdemeanor arraignments take place in the district division for the town of arrest; felony arraignments take place in the Superior Court in Brentwood. Detained defendants usually appear by video from North Road. The judge advises the person of the charges and rights, considers a request for a public defender, and may adjust bail.

What follows

From there the misdemeanor and felony tracks separate, as described in the sections below.

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The Rockingham County jail on North Road

The Rockingham County Department of Corrections, 99 North Road, Brentwood, NH 03833, is the county's only adult jail. It holds pretrial defendants who have not been released, people serving county sentences, and others held on warrants or violations.

  • Main number: (603) 679-2244. Staff can confirm whether someone is in custody and explain how bail is posted.
  • Before visiting: visiting days, video visits, phone accounts and deposit methods are set by the department and are revised from time to time, so check the current rules before making the trip.
  • Programs: the department has reported running an adult diversion program in cooperation with the County Attorney and taking part in the county's adult drug court.
  • Mail: address letters with the person's full name and the facility address, and follow the jail's restrictions on what may be enclosed.

Juveniles are never placed at North Road; see the juvenile section for where detained youth are held.

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Public defender for Rockingham County

Court-appointed defense for the Seacoast and the Salem–Derry area comes chiefly from the New Hampshire Public Defender's Stratham office, 142 Portsmouth Avenue, Stratham, NH 03885, (603) 778-0526. The organization is a nonprofit firm working under a contract with the state Judicial Council. Contract counsel and assigned private attorneys take cases when the public defender has a conflict or cannot accept more.

How to apply. Tell the court at your first appearance that you cannot afford a lawyer. You will be asked to complete a financial affidavit, and a judge will decide whether you qualify. Appointment is available only when the charge carries possible jail time; violations and Class B misdemeanors do not.

Cost later on. The state may seek repayment of some of the cost of appointed counsel from defendants who are able to pay, so ask your attorney about this at the start of the case.

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Prosecutors and the Rockingham County diversion program

In the district divisions, misdemeanors and violations are usually presented by police prosecutors from the arresting department, whether that is Portsmouth, Salem, Derry or one of the smaller towns, which sometimes share a prosecutor. The Rockingham County Attorney, elected countywide and based at 10 Route 125 in Brentwood, (603) 642-4249, prosecutes felonies, presents cases to the grand jury and handles misdemeanor jury trials in Superior Court. The Attorney General's Office takes homicides and certain other major cases.

Diversion

Rockingham County has an adult diversion program, and county reports describe it working with the County Attorney on felony-level diversion, in addition to the local court diversion programs many towns use for juveniles and young adults. Participants complete conditions such as treatment, community service, restitution or education, and in return the charge is dismissed or not pursued. The prosecutor decides who is offered diversion, so ask your defense attorney about it early.

Rights of victims

Victims in Rockingham County cases are entitled to be told about hearings, to attend, to talk with the prosecutor before a plea is finalized, and to give a statement at sentencing. The County Attorney's victim-witness advocates assist with this.

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Drug court, mental health court and the veterans track

  • Rockingham County Adult Drug Court: operated in the Superior Court in Brentwood for felony defendants with a substance use disorder. The program uses intensive treatment, frequent testing and regular status hearings, with rewards for progress and swift sanctions for violations. Graduates can earn a reduced or suspended sentence.
  • Mental health courts: court listings have shown mental health dockets at the Brentwood and Portsmouth district divisions for defendants whose offenses are connected to a mental illness.
  • Veterans behavioral health track: the Rockingham County Superior Court has offered a track for veterans that coordinates treatment through the VA and community providers.

Admission depends on screening, the prosecutor's consent and available space. Defendants charged with serious violence or drug trafficking are often ineligible. A defense lawyer can make the referral and explain the trade-offs, since entering most of these programs requires a plea.

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Misdemeanor (for example, theft, a first DWI, simple assault, criminal trespass)

Most criminal cases in Rockingham County are misdemeanors, heard in the six district divisions. The classes are:

  • Class A misdemeanor: as long as 12 months in jail, with a top fine of $2,000.
  • Class B misdemeanor: a fine of up to $1,200; jail is not an option.
  • Violation: a fine-only, non-criminal offense, such as many first-time possession or motor vehicle charges.

From arraignment to trial

A defendant who pleads not guilty goes next to a pretrial conference and, if no agreement is reached, to a bench trial in the district division if the case is not settled. A Class A defendant may opt for a jury trial in the Superior Court in Brentwood instead.

Penalties for common charges

  • Theft ($1,000 or less): ordinarily a Class A misdemeanor; a first offense commonly results in restitution, a fine and suspended jail time.
  • First DWI: a Class B misdemeanor carrying a fine of $500 or more, revocation of driving privileges for nine months up to two years (a portion can be suspended once treatment is completed), and the state impaired driver intervention program. With aggravating facts, such as a test of 0.16 or above, a collision with injuries or high speed, the offense is upgraded to a Class A misdemeanor, which adds mandatory time in custody and an interlock requirement.
  • Simple assault: a Class A misdemeanor in most cases, but Class B for a mutual-consent fight. If the charge involves a family member or intimate partner, a domestic violence finding can bring federal firearms consequences.
  • Criminal trespass: from a violation for ignoring posted signs to a misdemeanor for unlawfully entering a structure or refusing an order to leave.

Likely outcome and timeline

Negotiated pleas, reduced charges, fines, suspended sentences and filed charges that are later dismissed all appear often. Most Rockingham County misdemeanors are finished within one to four months.

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Felony (for example, burglary, felony theft, drug sales, second-degree assault)

All Rockingham County felonies are heard at the Superior Court at 10 Route 125 in Brentwood, with the County Attorney prosecuting.

  1. Complaint in Superior Court: after arrest, the County Attorney files a felony complaint and bail is reviewed in Brentwood.
  2. Grand jury or information: the case is presented to a Rockingham County grand jury for indictment, or the defendant waives indictment and is charged by information, often as part of a plea deal.
  3. Arraignment: the defendant enters a plea, and counsel is confirmed.
  4. Dispositional conference: both sides review the evidence and discuss a settlement; a large share of felonies resolve here.
  5. Final pretrial and trial: if the case goes to trial, twelve Rockingham County residents hear it, and the verdict must be unanimous.
  6. Sentencing: the judge often first orders a presentence report from the state's probation and parole officers and hears from the victim.

Penalties

State prison sentences in New Hampshire are imposed as a minimum–maximum range; parole eligibility starts at the minimum, which earned time can reduce.

  • Class B felony (most burglaries, second-degree assault, and thefts above $1,000 but not over $1,500): a maximum range of 3½–7 years and a fine up to $4,000.
  • Class A felony (theft of more than $1,500, armed burglary, nighttime burglary of an occupied home): a maximum range of 7½–15 years and a fine up to $4,000.
  • Drug sales: penalties depend on the drug and quantity, and significant fentanyl or heroin amounts can carry up to 30 years.

Judges may also impose probation, a sentence at the North Road jail or a suspended sentence. A Rockingham County felony usually takes six to fifteen months to reach a plea or verdict.

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Violent felony (for example, murder, aggravated felonious sexual assault, armed robbery)

Violent felony prosecutions in Rockingham County take the same Superior Court path, but bail is often denied and many defendants spend the whole case at the Brentwood jail. The Attorney General's Office prosecutes homicides; the County Attorney handles most other violent felonies.

Murder. A first-degree murder conviction requires life imprisonment without parole; New Hampshire has had no death penalty since 2019. Second-degree murder can be punished by life or a lengthy term of years, and manslaughter by up to 30 years.

Aggravated felonious sexual assault. Sentences commonly fall in the 10-to-20-year range, and some offenses, particularly those against young children or by repeat offenders, carry mandatory minimums.

Armed robbery. Robbery while armed with a deadly weapon is a Class A felony (up to 7½–15 years); robbery without a weapon is generally a Class B felony.

Crime victims have rights to notice, to attend, to consult and to be heard at sentencing. Because of laboratory work, experts and pretrial litigation, these cases routinely take a year or two, sometimes longer.

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Juveniles (under 18) arrested in Rockingham County

Young people under 18 accused of crimes face delinquency petitions in the 10th Circuit Court – Family Division. Rockingham County's family division sits at Brentwood (10 Route 125), Candia (110 Raymond Road), Derry (10 Courthouse Lane), Hampton (3 Timber Swamp Road), Portsmouth (111 Parrott Avenue) and Salem (35 Geremonty Drive); all can be reached at 1-855-212-1234. The family division towns do not always match the district division towns, so check which location your notice names.

Intake and diversion

Juvenile Probation and Parole Officers, part of the state's DCYF (Division for Children, Youth and Families), assess each referral. Many Rockingham County towns send first-time and minor offenders to juvenile court diversion programs, and a youth who finishes the agreed service hours, repayment or counseling never faces a formal petition. Formal petitions are prosecuted by local police prosecutors or, for serious offenses, the County Attorney.

Detention

Most juveniles are released to a parent. When a judge orders a youth detained, a detention hearing is held promptly, generally within 24 hours of placement excluding weekends and holidays. New Hampshire's only secure facility for youth, the Sununu Youth Services Center in Manchester, is still in use. Its replacement, a smaller state-run facility required by a 2023 law, is being built in Rockingham County on the Hampstead Hospital campus in Hampstead; state officials reported in 2026 that youth were expected to move there in early 2027.

Possible results

A delinquency finding can lead to probation with DCYF, counseling, restitution, community service, an out-of-home placement or, in serious cases, commitment to the state facility. Youth have the right to counsel, usually from the public defender's Stratham office, and juvenile records are confidential.

Certification as an adult

A prosecutor can ask the family division to move a case to Superior Court. Generally, a youth 15 or older charged with a felony may be transferred, and the floor drops to 13 for a few grave violent crimes, murder and aggravated felonious sexual assault among them. At the transfer hearing, the judge balances how serious the charge is against the young person's history, maturity and likelihood of responding to juvenile services.

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Federal cases (U.S. District Court) from Rockingham County

Common federal charges from the county

Rockingham County sits astride Interstates 93 and 95 just north of Massachusetts, and federal investigators frequently bring cases from Salem, Seabrook, Portsmouth and Derry. Typical charges include trafficking fentanyl and other opioids brought in from Massachusetts, firearms offenses such as straw purchases and possession by a prohibited person, bank and wire fraud, child exploitation and bank robbery. Homeland Security Investigations, the FBI, DEA and ATF, joined by postal inspectors and IRS agents, often build these cases together with local departments.

Where the case is heard

New Hampshire's federal district has only one courthouse for criminal trials, the Warren B. Rudman U.S. Courthouse, 55 Pleasant Street, Concord, NH 03301, about an hour's drive from most of the Seacoast. There are no divisions; jurors are summoned statewide, and appellate review belongs to the First Circuit, seated in Boston.

Who is involved

  • Prosecution: U.S. Attorney's Office, 53 Pleasant Street, 4th Floor, Concord, NH 03301, (603) 225-1552.
  • Appointed defense: the Federal Public Defender's Concord office, 22 Bridge Street, Concord, NH 03301, (603) 226-7360, or a CJA panel attorney when there is a conflict.
  • Custody and court security: U.S. Marshals Service, 55 Pleasant Street, Room 207, Concord, NH 03301, (603) 225-1632.

How a federal case proceeds

  1. Initial appearance before a U.S. magistrate judge in Concord after arrest or summons.
  2. Detention hearing, usually within three court days if prosecutors ask for detention. The judge orders either custody or release on conditions supervised by U.S. Probation and Pretrial Services; federal court does not use bail bondsmen.
  3. Indictment by a federal grand jury within 30 days of arrest when the case began by complaint, then arraignment.
  4. Pretrial period governed by the Speedy Trial Act's 70-day limit, which is commonly extended for discovery and motions.
  5. Plea or trial: most defendants reach plea agreements; trials use a unanimous jury of 12.
  6. Sentencing after a presentence report, using the advisory U.S. Sentencing Guidelines and any mandatory minimum. With no federal parole, good-conduct credit shaves off at most about 15 percent, and supervised release begins after the prison term.

Detention and locating someone

The Marshals decide where pretrial federal defendants are housed, using contract jails in New Hampshire and nearby states, so a Rockingham County arrestee may not be held in Brentwood. Call the Marshals office for location information. After a sentence is handed down, families can track the prison assignment through the Bureau of Prisons inmate locator. Prosecutions of juveniles in federal court are rare.

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This guide describes in general terms how criminal cases usually proceed through the Brentwood Superior Court and the district divisions serving Rockingham County; it is not legal advice, and statutes, court rules and local programs can change at any time. People facing charges should consult a defense lawyer or reach the New Hampshire Public Defender's Stratham office at (603) 778-0526. Court dates and locations can be confirmed by phoning 1-855-212-1234.

Criminal Court Process for Rockingham County New Hampshire

Rockingham 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 Rockingham 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, Rockingham 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 Rockingham 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 Rockingham 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, Rockingham County or a city or town.  The prosecuting attorney for Rockingham 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 Rockingham 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 Rockingham 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 Rockingham 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 Rockingham 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 Rockingham 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.

Courts

SALEM DISTRICT COURT-JUVENILE
35 GEREMONTY DR
SALEM NH, 03079
603-893-8473
SALEM DISTRICT COURT
35 GEREMONTY DR
SALEM NH, 03079
855-212-1234

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