Sullivan County Dept. of Corrections Criminal Court Process
Criminal Court Process for Sullivan County New Hampshire
Newport is the county seat of Sullivan County, on the Vermont border in western New Hampshire, and the Sullivan County Superior Court sits on Main Street there. Lesser criminal charges are heard by the 5th Circuit Court district divisions in Claremont and Newport. Local police prosecutors take most misdemeanor cases, and the elected Sullivan County Attorney prosecutes felonies. Anyone kept in custody after arrest waits at the Sullivan County Department of Corrections jail in Unity, just outside Claremont.
- 5th Circuit Court – District Division – Claremont, 1 Police Court, Suite 2, Claremont, NH 03743 (Claremont, Charlestown, Cornish, Plainfield, Unity, Acworth and Langdon), 1-855-212-1234
- 5th Circuit Court – District Division – Newport, 55 Main Street, Newport, NH 03773 (Newport, Croydon, Goshen, Grantham, Lempster, Springfield, Sunapee and Washington, plus New London, Newbury and Wilmot in Merrimack County), 1-855-212-1234
- 5th Circuit Court – Family Division (juvenile cases) in Claremont (1 Police Court, Suite 2) and Newport (55 Main Street), 1-855-212-1234
- Sullivan County Superior Court, 22 Main Street, Newport, NH 03773, 1-855-212-1234
- Sullivan County Attorney's Office, 14 Main Street, Newport, NH 03773, (603) 863-7950
- New Hampshire Public Defender – Newport office, 27 John Stark Highway, Newport, NH 03773, (603) 865-1460
- Sullivan County Department of Corrections, 103 County Farm Road, Unity (Claremont mailing address), NH 03743, (603) 542-8717
Which court hears your case. Sullivan County's misdemeanors, violations and DWI charges are split between two courthouses by town. Claremont and the river towns to its south and north, including Charlestown, Cornish and Plainfield, as well as Unity, Acworth and Langdon, go to the district division at 1 Police Court in Claremont. Newport, Sunapee, Grantham and the hill towns, along with three Merrimack County towns around Lake Sunapee, go to the district division at 55 Main Street in Newport. Even the city of Claremont has no court of its own today: New Hampshire replaced its municipal and local courts with the statewide Circuit Court, and every Sullivan County community now sends its local criminal cases to one of these two district divisions. District division judges hear trials without a jury; a Class A defendant who would rather face jurors may transfer the matter to the Superior Court on Main Street. Felony charges are filed directly in the Superior Court, consistent with the "felonies first" procedure used across the state, and do not pass through the district divisions first.
Where pretrial detainees are held. An adult arrested in Sullivan County by Claremont or Newport police, a town department, sheriff's deputies or state troopers is processed first at the arresting agency. If the person is not released, he or she is taken to the Sullivan County Department of Corrections at 103 County Farm Road in Unity, which the county operates as its jail on the county farm complex near Claremont. Deputies transport inmates between the jail and the courts in Claremont and Newport. For questions about custody, bail or visits, call (603) 542-8717.
- 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 Sullivan County
- Federal cases (U.S. District Court) from Sullivan County
1. Misdemeanor (for example, theft, a first DWI, simple assault, criminal trespass)
Right after the arrest
Many people charged with minor offenses in Sullivan County are released at the police station with a summons. If not, a bail commissioner looks at the charge and can allow release on a written promise to appear, or require cash or a surety bond with conditions, such as no contact with the alleged victim or no drinking. A 2025 statute gives a judge 36 hours, not counting weekends and holidays, to hold a bail hearing for anyone still locked up. For a short list of grave violent charges, only a judge can grant release.
In the district division
Arraignment is held in Claremont or Newport. The defendant enters a plea; if it is not guilty, the case goes to a pretrial conference and, if unresolved, a bench trial. A Class A misdemeanor defendant can elect a jury, which moves the case up to the Superior Court in Newport.
Classes and penalties
- Class A misdemeanor: a sentence of up to a year in the county jail is possible, along with a fine as high as $2,000.
- Class B misdemeanor: no jail; the maximum fine is $1,200.
- Violation: a non-criminal, fine-only offense.
- Theft of $1,000 or less: usually Class A; first offenders often pay restitution and a fine and receive a suspended sentence.
- First DWI: a Class B misdemeanor with a minimum $500 fine, a license revocation of nine months or more (partly suspendable after treatment) and the impaired driver program. Aggravated DWI, such as a 0.16 or higher test result or a crash with injury, is a Class A misdemeanor with mandatory jail time and an ignition interlock.
- Simple assault: generally Class A, or Class B if both sides consented to the fight; domestic cases carry firearms consequences.
- Criminal trespass: a violation when someone ignores posted signs on open land, but a misdemeanor for going into a structure or refusing a lawful order to get out.
Lawyer, outcome and timing
Where a conviction could mean jail and hiring a lawyer is out of reach, request appointed counsel at arraignment; the New Hampshire Public Defender's Newport office, (603) 865-1460, handles most appointments in the county, and contract counsel take conflicts. Appointed counsel may have to be partly repaid later depending on ability to pay. Frequent endings include a guilty plea (perhaps to a lesser offense) or with a filed charge that disappears if the person stays out of trouble. Most Sullivan County misdemeanors are resolved within one to four months.
2. Felony (for example, burglary, felony theft, drug sales, second-degree assault)
The Sullivan County Attorney, based at 14 Main Street in Newport, prosecutes felonies in the Superior Court at 22 Main Street. Appointed defense usually comes from the public defender's Newport office.
How the case unfolds
- The County Attorney files a felony complaint in Superior Court, and a judge addresses bail.
- A Sullivan County grand jury considers whether to indict, unless the defendant waives indictment and agrees to proceed by information.
- At arraignment the defendant pleads, usually not guilty, and a schedule is set.
- Discovery is shared and the lawyers attend a dispositional conference, where many felonies are resolved by agreement.
- Unsettled cases proceed to a final pretrial hearing and a trial where all twelve Sullivan County jurors have to agree.
- Sentencing may follow a presentence investigation.
Possible sentences
- Class B felony (second-degree assault, the typical burglary, and theft of $1,000.01 through $1,500): a maximum of 3½–7 years and a $4,000 fine.
- Class A felony (theft over $1,500; armed or injurious burglary, or a nighttime break-in of an occupied dwelling): maximum 7½–15 years, fine to $4,000.
- Drug sales: penalties are set by drug type and weight; the heaviest exposure, as much as 30 years, applies to dealing sizable quantities of fentanyl or heroin.
New Hampshire prison terms carry a stated minimum and maximum, and parole eligibility begins at the minimum, which may be reduced by earned time. A judge may instead order probation, county jail time in Unity or a suspended sentence. The state's Superior Courts operate drug courts for eligible felony defendants with addiction; ask a defense lawyer whether the Sullivan County program is currently accepting participants. Expect a felony to take six to fifteen months.
3. Violent felony (for example, murder, aggravated felonious sexual assault, armed robbery)
Violent felonies move through the Newport Superior Court on the same track as other felonies, but defendants are often held without bail at the Unity jail until the case ends. Homicide cases from the county are tried by state prosecutors in the Attorney General's Office.
- First-degree murder: mandatory life imprisonment without parole. There has been no death penalty in New Hampshire since 2019.
- Second-degree murder: life or a term of years; manslaughter: up to 30 years.
- Aggravated felonious sexual assault: sentences commonly range from 10 to 20 years, and certain child-victim or repeat cases trigger required minimum terms.
- Armed robbery: classified as Class A, punishable by up to 7½–15 years; robbery without a deadly weapon is generally Class B.
Victims in these cases must be notified of each hearing and may be present, to speak with the prosecutor and to address the court at sentencing. With forensic testing, experts and pretrial motions, cases like these in Sullivan County usually last one to two years or more. Defendants who qualify are represented by the public defender's Newport office at (603) 865-1460 or by appointed counsel.
4. Juveniles (under 18) arrested in Sullivan County
Youth under 18 accused of offenses in Sullivan County are handled through delinquency petitions in the 5th Circuit Court – Family Division, which sits in Claremont (1 Police Court, Suite 2) and Newport (55 Main Street), 1-855-212-1234.
Intake and diversion. After a police referral, a Juvenile Probation and Parole Officer with DCYF reviews the case and recommends how to proceed. Many towns use a juvenile court diversion program for first and minor offenses, allowing a youth to avoid a petition by completing service, restitution or counseling. Petitions are prosecuted by police prosecutors or, for serious charges, the Sullivan County Attorney, and the youth is entitled to counsel, typically from the public defender's Newport office.
Detention. Most young people are sent home with a parent. A youth ordered held must get a detention hearing quickly, usually within a day, with weekends and holidays not counted. Statewide, the one secure youth facility is Manchester's Sununu Youth Services Center, a long drive from Claremont. That facility was still operating in 2026; state law requires its replacement by a smaller state-run center, which is being built in Hampstead, with the move expected around early 2027.
Outcomes. A judge may order DCYF probation, treatment, restitution, community service, a placement outside the home, or commitment to the state facility for the most serious cases. The proceedings and records are confidential.
Adult court. Prosecutors may seek to have a juvenile certified for trial as an adult in Superior Court. Transfer is ordinarily available for felonies committed at 15 and above and, for a limited group of grave violent crimes for example murder or aggravated felonious sexual assault, at 13, after a hearing on the youth's history and the seriousness of the charge.
5. Federal cases (U.S. District Court) from Sullivan County
Federal charges from Claremont, Newport and the rest of Sullivan County are heard roughly an hour east, in Concord. The District of New Hampshire covers the whole state as a single district with no divisions, and its criminal trials are held at the Warren B. Rudman U.S. Courthouse, 55 Pleasant Street, Concord, NH 03301. Jurors come from every county, and appeals go to Boston's First Circuit.
Contacts
- U.S. Attorney's Office (prosecution): 53 Pleasant Street, 4th Floor, Concord, NH 03301, (603) 225-1552
- Federal Public Defender (defense for people who cannot afford counsel; CJA panel lawyers take conflicts): 22 Bridge Street, Concord, NH 03301, (603) 226-7360
- U.S. Marshals Service (custody of federal prisoners): Rudman Courthouse, Room 207, 55 Pleasant Street, Concord, NH 03301, (603) 225-1632
Typical cases and process
In a rural county like Sullivan, federal cases most often involve drug distribution, particularly fentanyl and methamphetamine, firearms charges such as straw purchases or possession by a prohibited person, fraud and child exploitation. They are investigated by agencies such as the DEA, FBI, ATF, Homeland Security Investigations, postal inspectors and the IRS, often with state and local police. After arrest the defendant appears before a U.S. magistrate judge; a government request to hold the defendant is typically argued within three court days, and the judge then orders detention or sets release terms that federal pretrial services officers enforce; bondsmen have no role. Cases begun by complaint require an indictment within 30 days of the arrest. The 70-day Speedy Trial Act clock is often extended, and most cases conclude with a plea agreement, though a defendant may insist on a unanimous 12-person jury. The judge sentences after a presentence report after weighing the Sentencing Guidelines, which are advisory, and applying any statutory minimum; with no federal parole, about 85 percent or more of the term is served before supervised release.
Custody
The Marshals choose where federal pretrial detainees stay, using jails in New Hampshire and neighboring states that hold federal prisoners by contract, so a Sullivan County defendant may be housed far from home; call the Marshals office for location information. Use the Bureau of Prisons inmate locator after sentencing. Juvenile cases in federal court are uncommon.
This overview sketches the usual course of a criminal case in the Claremont and Newport courts and the Sullivan County Superior Court; it is not legal advice, and laws, programs and court procedures can change. If you are charged, talk to a criminal defense attorney, or reach NHPD's Newport office at (603) 865-1460, and can confirm court dates through the Judicial Branch at 1-855-212-1234.
Criminal Court Process for Sullivan County New Hampshire
Sullivan 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 Sullivan 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, Sullivan 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 Sullivan 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 Sullivan 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, Sullivan County or a city or town. The prosecuting attorney for Sullivan 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 Sullivan 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 Sullivan 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 Sullivan 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 Sullivan 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 Sullivan 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.
