Strafford County House of Corrections Criminal Court Process
Criminal Court Process for Strafford County New Hampshire
Dover is the county seat of Strafford County, and its Superior Court sits in the William A. Grimes Justice and Administration Building on County Farm Road. Misdemeanors and violations go to one of two 7th Circuit Court district divisions, in Dover or in Rochester, depending on the town. Police prosecutors from the cities and towns handle most of those cases, while the elected Strafford County Attorney prosecutes felonies. People who are held after arrest are kept at the Strafford County Department of Corrections, also on County Farm Road in Dover.
- 7th Circuit Court – District Division – Dover, 25 St. Thomas Street, Dover, NH 03820 (Dover, Somersworth, Durham, Lee, Madbury and Rollinsford), 1-855-212-1234
- 7th Circuit Court – District Division – Rochester, 76 North Main Street, Rochester, NH 03867 (Rochester, Barrington, Farmington, Middleton, Milton, New Durham and Strafford), 1-855-212-1234
- 7th Circuit Court – Family Division (juvenile cases): Dover, Grimes Justice and Administration Building, 259 County Farm Road, Dover, NH 03820; and Rochester, 76 North Main Street, Rochester, NH 03867; 1-855-212-1234
- Strafford County Superior Court, William A. Grimes Justice and Administration Building, 259 County Farm Road, Suite 301, Dover, NH 03820, 1-855-212-1234
- Strafford County Attorney's Office, Justice and Administration Building, 259 County Farm Road, Dover, NH 03820, (603) 749-2808
- New Hampshire Public Defender – Dover office, 15 4th Street, Suite 3, Dover, NH 03820, (603) 749-5540
- Strafford County Department of Corrections, 266 County Farm Road, Dover, NH 03820, (603) 742-3310
Which court hears your case. In Strafford County there are just two choices for a misdemeanor, a violation or a first-offense DWI. Cases from Dover, Somersworth and the University of New Hampshire's home town of Durham, along with Lee, Madbury and Rollinsford, are heard at the Dover district division on St. Thomas Street; cases from Rochester and the northern towns of Barrington, Farmington, Middleton, Milton, New Durham and Strafford are heard at the Rochester district division on North Main Street. Neither Dover, Rochester nor Somersworth has its own city court: New Hampshire's former municipal courts were absorbed into the Circuit Court, so the two district divisions are now the local criminal courts for all thirteen communities. The district divisions hold trials without juries, which means a Class A misdemeanor defendant who asks for a jury will be tried in the Strafford County Superior Court. Felonies also belong to the Superior Court; under the "felonies first" system now used throughout the state, the County Attorney files them there directly instead of starting in circuit court.
Where pretrial detainees are held. Arrests in the county are made by the Dover, Rochester, Somersworth and Durham police, the UNH police, the town departments, the Strafford County Sheriff's Office and the State Police. The arresting agency holds and books the person first. Anyone not released there is moved to the Strafford County Department of Corrections at 266 County Farm Road in Dover, the county-run jail and house of corrections located on the same county campus as the Superior Court. Deputies transport inmates to their hearings. Call (603) 742-3310 for custody status, bail, visiting information and deposits.
- Strafford County courthouses
- The first 36 hours after an arrest
- Strafford County Department of Corrections
- Appointed lawyers in Strafford County
- Who prosecutes, and diversion options
- Drug court and mental health court
- 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 Strafford County
- Federal cases (U.S. District Court) from Strafford County
Strafford County courthouses
Criminal cases in Strafford County are spread among three court buildings, two in Dover and one in Rochester.
- Grimes Justice and Administration Building, 259 County Farm Road, Dover. This county building on the outskirts of Dover holds the Superior Court (Suite 301), the County Attorney's office, the Dover family division and other county offices. Felony arraignments, trials and sentencings happen here.
- Dover district division, 25 St. Thomas Street. Located downtown, this court hears misdemeanor and violation cases from Dover, Somersworth and the four smaller towns around Durham, including many cases involving UNH students.
- Rochester circuit court, 76 North Main Street. The district and family divisions for Rochester and the northern half of the county share this building.
The county jail is a short distance away at 266 County Farm Road. The Judicial Branch Information Center, 1-855-212-1234, can confirm dates and courtrooms for all three courthouses. Allow time to pass through security screening, and do not bring weapons or tools of any kind.
The first 36 hours after an arrest
Processing
At the arresting department, officers photograph and fingerprint the person, record personal property and check for warrants. For many lower-level charges the person is released on a summons and told when to appear in Dover or Rochester.
The bail commissioner
For people who are not simply released, a bail commissioner is called to the station. Bail commissioners are appointed by the court and are available nights and weekends. A commissioner may let the person go on a personal recognizance promise or demand cash or a surety bond, and they commonly impose conditions: avoiding contact with the complainant, abstaining from alcohol, observing a curfew, or staying away from a residence. Some serious violent charges are excluded from bail commissioner release, and those arrestees stay in custody until a judge acts.
Judge's review
Since House Bill 592 took effect in September 2025, a person who remains in custody must have a bail hearing before a judge within 36 hours, weekends and holidays excepted. The law also lowered the threshold for holding a defendant considered dangerous, although judges must still take a person's ability to pay into account if cash bail is set.
Arraignment
Misdemeanor arraignments are held in the Dover or Rochester district division; felony arraignments are held in Superior Court. Detainees usually appear by video from the jail. At arraignment the court explains the charges and rights, addresses appointed counsel and reviews release conditions.
Strafford County Department of Corrections
Adult inmates in Strafford County are housed by the Strafford County Department of Corrections at 266 County Farm Road, Dover, NH 03820, (603) 742-3310. Its population includes unreleased pretrial defendants, those serving sentences of up to roughly a year, and people held on court orders.
- Is someone there? Call the main number with the person's full name and date of birth.
- Bail: confirm the amount and acceptable forms of payment before going; judge-set bail may be payable at the jail or the court.
- Visits and calls: rules for visiting, inmate phones and electronic messaging are set by the department and updated periodically.
- Community corrections: the county also runs a Community Corrections office in the Justice and Administration Building (Suite 103, 603-749-0832), which supervises some people on pretrial release or alternative sentences.
No one under 18 is housed at the County Farm Road jail. Detained youth are sent to the state juvenile facility discussed below.
Appointed lawyers in Strafford County
The New Hampshire Public Defender's Dover office, 15 4th Street, Suite 3, Dover, NH 03820, (603) 749-5540, represents most eligible defendants in Strafford County's circuit and superior courts. NHPD is an independent nonprofit that contracts with the state's Judicial Council. When it has a conflict, the court turns to contract defenders or appoints a private attorney.
Qualifying
Eligibility is based on a financial affidavit reviewed by the court. The right to appointed counsel applies when the charge could lead to jail, so it covers Class A misdemeanors and felonies but not violations or Class B misdemeanors.
Timing
Ask for counsel at the first opportunity. For a defendant in custody, the appointment is usually made at the bail hearing or arraignment, and the lawyer generally reaches out within days.
Paying it back
A court can later order a defendant who had appointed counsel to repay part of the cost if he or she has the means. Your attorney can explain whether that is likely.
Who prosecutes, and diversion options
- District division cases: police prosecutors employed by the Dover, Rochester, Somersworth and Durham police departments, or attorneys working for the smaller towns, present misdemeanors and violations.
- Felonies and Superior Court cases: the elected Strafford County Attorney, (603) 749-2808, files felony complaints, presents indictments to the grand jury and tries cases in the Grimes building.
- Homicides: prosecuted by the state Attorney General's Office.
Diversion and alternatives
Court diversion programs serve many Strafford County communities, giving qualifying first-time offenders a path to dismissal after they finish an agreed list of requirements, such as counseling, a class, community service or restitution. Durham's college-town docket often includes alcohol and disorderly conduct cases where diversion or a filed disposition is discussed. Whether to offer diversion is the prosecutor's call, and a defense lawyer can usually tell you whether it is realistic.
Victim services
The County Attorney's victim-witness advocates keep victims informed in felony cases. New Hampshire law gives victims the right to be notified, to attend, to confer with the prosecutor and to address the judge before sentencing.
Drug court and mental health court
Strafford County Drug Court. The Superior Court in Dover runs an adult drug court for felony defendants with substance use disorders who are at high risk of reoffending. Participants enter a plea and then spend at least a year in phased treatment with random testing and regular appearances before the judge. Progress earns incentives; relapses or violations bring quick sanctions, which can include short jail stays. A participant who graduates may have the sentence reduced or suspended.
Rochester mental health court. The Rochester district division has been listed by the Judicial Branch as hosting a mental health court, which aims to link defendants whose misdemeanor offenses stem from mental illness with treatment and supervision.
Both programs screen applicants and need the prosecutor's agreement, and charges involving violence or drug dealing often disqualify a person. Because programs change with staffing and funding, ask your lawyer or the public defender's Dover office whether one is accepting new participants.
Misdemeanor (for example, theft, a first DWI, simple assault, criminal trespass)
Misdemeanors from Strafford County are heard in Dover or Rochester. Under New Hampshire law, a Class A misdemeanor is the more serious type, carrying a possible year of incarceration and fines reaching $2,000. A Class B misdemeanor is punishable only by a fine, at most $1,200. A violation is the lowest category and is not a crime at all, only a finable offense.
Steps in the case
The defendant is arraigned and enters a plea. If the plea is not guilty, the case is scheduled for a pretrial hearing and then a trial before a judge. Defendants charged with a Class A misdemeanor may request a jury trial, sending the file to the Superior Court at 259 County Farm Road.
Penalties you may see
- Theft: when the property is valued at $1,000 or less, the charge is usually a Class A misdemeanor; first offenders often receive restitution, a fine and a suspended sentence.
- First DWI: a Class B misdemeanor that brings a fine of at least $500, a license revocation of at least nine months that may be partially suspended after treatment, and the state's impaired driver program. An aggravated DWI, for instance with an alcohol concentration of 0.16 or more, serious injury or extreme speed, is a Class A misdemeanor carrying mandatory incarceration and an ignition interlock.
- Simple assault: usually a Class A misdemeanor, reduced to Class B where both parties agreed to fight. A domestic violence designation can trigger firearms prohibitions.
- Criminal trespass: a violation for many cases involving posted or fenced land, but a misdemeanor when someone enters a building or remains after being ordered out.
How cases end and how long they take
Plea bargains, reduced charges, fines with suspended jail time, and filed or deferred dispositions dismissed after good behavior are all common. A Strafford County misdemeanor case generally takes one to four months.
Felony (for example, burglary, felony theft, drug sales, second-degree assault)
Every Strafford County felony is handled by the County Attorney before the Superior Court in the Grimes building.
The stages
After arrest, a felony complaint is filed in Superior Court by the County Attorney, and a judge there revisits bail. The case then goes to a Strafford County grand jury, which decides whether there is enough evidence to indict; a defendant may instead waive indictment and accept a felony information, typically as part of a plea. At arraignment the defendant pleads not guilty, and the case moves into discovery and a dispositional conference, where many cases settle. Cases that remain open go to a final pretrial conference and a jury trial before twelve county residents, who must reach a unanimous verdict. Sentencing often follows a presentence report written by a state probation officer.
Sentencing exposure
- Class B felony: up to 3½–7 years in state prison and a $4,000 fine. Most burglaries, second-degree assault and thefts of over $1,000 but not more than $1,500 are Class B.
- Class A felony: up to 7½–15 years and a $4,000 fine. Theft of more than $1,500 and burglary while armed, with injury or at night in an occupied home are Class A.
- Drug sales: sentences depend on the type and amount of drug; trafficking significant amounts of fentanyl or heroin can carry decades in prison.
New Hampshire prison sentences are expressed as a minimum and a maximum, and a prisoner is first eligible for parole after serving the minimum, minus any earned time for programs. Judges may also order probation, county jail time, or a suspended sentence. Expect a felony case in Strafford County to take six to fifteen months.
Violent felony (for example, murder, aggravated felonious sexual assault, armed robbery)
Violent felonies use the same Superior Court process, but release before trial is much less likely. Many defendants are held at the County Farm Road jail for the life of the case, and homicide prosecutions are handled by the Attorney General's Office.
- First-degree murder carries a mandatory life term with no chance of parole. The death penalty was repealed in New Hampshire in 2019.
- Second-degree murder is punishable by life or a term of years; manslaughter carries up to 30 years.
- Aggravated felonious sexual assault is commonly sentenced at 10 to 20 years, with mandatory minimums for some offenses, such as those involving young children.
- Armed robbery is a Class A felony with a maximum of 7½–15 years; robbery without a weapon is usually Class B.
Victims have rights to notice, to be present, to consult with the prosecutor and to be heard at sentencing. Expert testimony, forensic testing and extensive motions mean a violent felony in Strafford County often runs a year or two, and occasionally more.
Juveniles (under 18) arrested in Strafford County
Cases against minors are delinquency proceedings in the 7th Circuit Court – Family Division, sitting in Dover at the Grimes building, 259 County Farm Road, and in Rochester, at 76 North Main Street. Phone: 1-855-212-1234.
How a case starts
Police refer the case, and a DCYF Juvenile Probation and Parole Officer (DCYF is New Hampshire's child and family services division) handles intake. For minor and first offenses, many Strafford County communities use juvenile court diversion, in which the youth completes service, restitution or counseling and no petition is filed. When a petition is filed, it is prosecuted by the local police prosecutor or, for serious offenses, by the County Attorney. Every youth may have counsel, and the public defender's Dover office typically takes the appointment.
Detention
A judge releases most youth to a parent, sometimes with conditions. Once a youth is detained, the court must hold a hearing quickly, ordinarily by the next day, with weekends and holidays excluded from that count. Secure juvenile beds for all of New Hampshire are at the Sununu Youth Services Center, located in Manchester, which remained in operation in 2026. A 2023 law requires it to be replaced with a smaller state-run facility; the replacement is under construction in Hampstead, and the state has said it expects youth to move there in early 2027.
Dispositions
A youth found delinquent may be placed on probation with DCYF, ordered into counseling or treatment, required to pay restitution or perform service, placed outside the home or, for serious cases, committed to the state facility. Hearings are closed, and juvenile records are confidential.
Transfer to the Superior Court
For serious felonies, the County Attorney may file a motion asking that a juvenile be certified and tried in adult court. Transfer is generally available for any felony by a youth 15 or older, and for certain grave violent offenses, including murder and aggravated felonious sexual assault, from 13. Before ruling, the judge looks at how serious the alleged act was, the teenager's past and level of maturity, and whether juvenile programs could still work.
Federal cases (U.S. District Court) from Strafford County
A Strafford County resident charged with a federal crime is prosecuted in Concord, roughly 40 miles west of Dover, at the Warren B. Rudman U.S. Courthouse, 55 Pleasant Street, Concord, NH 03301. Because New Hampshire is a single federal district without divisions, that courthouse handles federal criminal cases from every county, with jurors drawn statewide and appeals heard by the First Circuit in Boston.
The kinds of cases. Federal prosecutions arising in Dover, Rochester and Somersworth most often involve fentanyl and opioid distribution, gun crimes such as possession by a convicted felon or lying on a purchase form, fraud, child exploitation and bank robbery. Federal agents (DEA, FBI, ATF and HSI, plus postal inspectors and the IRS) usually build them, often alongside Seacoast and Rochester-area officers on task forces.
The offices. The U.S. Attorney's Office, 53 Pleasant Street, 4th Floor, Concord, NH 03301, (603) 225-1552, prosecutes. Defense for those who qualify comes from the Federal Public Defender at 22 Bridge Street, Concord, NH 03301, (603) 226-7360, and CJA panel attorneys step in for conflicts. The U.S. Marshals Service, Room 207 of the Rudman Courthouse, (603) 225-1632, handles federal prisoners.
From arrest to sentence. A federal defendant first appears before a U.S. magistrate judge. A prosecution motion for detention normally gets a hearing inside three court days, after which the defendant is either held or released on conditions overseen by U.S. Probation and Pretrial Services; federal court does not rely on bail bondsmen. An indictment must follow within 30 days when the case started with a complaint, and arraignment comes next. The Speedy Trial Act calls for trial within 70 days, though extensions are routine. Most cases end with a plea agreement; at trial, twelve jurors must agree unanimously. Sentencing follows a presentence report and considers the advisory U.S. Sentencing Guidelines and any mandatory minimum. Federal parole has been abolished, so even with good-conduct credit a defendant serves at least around 85 percent of the prison term before supervised release.
Custody. Federal pretrial prisoners are assigned by the Marshals to jails across New Hampshire and neighboring states, which may or may not include a facility close to Dover; families should call the Marshals office for a current location. Sentenced federal prisoners can be found through the Bureau of Prisons inmate locator. Juveniles are rarely charged in federal court.
The information on this Strafford County page is a general summary of how criminal cases typically move through the courts in Dover and Rochester, and it should not be taken as legal advice; the law and court practices change, and outcomes depend on the details of each case. Talk with a criminal defense attorney, or call the New Hampshire Public Defender's Dover office at (603) 749-5540 to ask about appointed counsel. Hearing dates can be checked at 1-855-212-1234.
Criminal Court Process for Strafford County New Hampshire
Strafford 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 Strafford 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, Strafford 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 Strafford 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 Strafford 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, Strafford County or a city or town. The prosecuting attorney for Strafford 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 Strafford 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 Strafford 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 Strafford 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 Strafford 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 Strafford 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.
