Criminal - District Division

Criminal Case Process

You may have to appear in court for a violation, misdemeanor, or felony level charge.
If you are charged with a violation, it is for something illegal but not “criminal.” There is no possibility of jail time.
If you are charged with a Class B misdemeanor, it is “criminal,” but does not have the possibility of jail time.
If you are charged with a Class A misdemeanor, it is “criminal” and, if you are found or plead guilty, may result in jail time. If you qualify, you are entitled to court-appointed counsel.
If you are charged with a felony, it will be handled by the District Division on a preliminary basis only, and will then move on to Superior Court if it is found there was sufficient cause for the charge. If you qualify, you are entitled to court-appointed counsel.
Besides jail time, other possible sentences include fines, community service, probation, loss of license, and/or the completion of programs or classes with proof to the court and/or prosecutor. You may be sentenced to some combination of these.
Refer to New Hampshire Rules of Criminal Procedure for more information.

What happens after I am arrested and/or charged?

You have received paperwork—either a summons or a bail order--with your court date printed on it. This date is your arraignment. You will not receive any additional notice from the court.
The arraignment is your first time in court, when you let the court know if you will enter a plea of not guilty, nolo (no contest), or guilty. There is no need to bring witnesses or evidence.
If you want to plea guilty or nolo, your plea may be taken the same day as the arraignment. For more information about what to do if you would like to plea guilty on your court date, go to "What To Do When You Arrive" section, below.
If you plea not guilty, you will be given a notice for a trial date in the future. Bail amounts and conditions may also be addressed at the arraignment.
If you are charged with a felony, no plea is taken. You will be given a notice of hearing for a probable cause hearing.
If you wish to have court-appointed counsel, and are charged with a Class A misdemeanor or felony, please fill out a Request for a Lawyer Form. You can fill it out before coming to court or you can request the form at court. The form asks for a list of your assets, income, and expenses. The Court will let you know if you qualify for a court-appointed attorney. If you do qualify, then you will receive a letter from an attorney directing you to contact them to discuss your case. Once your case is over, the Court will determine whether you have the ability to pay attorney fees.
If you do not qualify and would still like an attorney to represent you, you will have to hire an attorney on your own. Court staff can provide you with contact information for the Bar Association or other resources.

What happens at the trial and end of a case?

If you are coming back for a trial, it is your opportunity to present information about the situation and yourself to the judge. Witnesses and evidence should be brought to court at this time.
If a fine is part of your sentence, payment is expected the day of court. You can contact the prosecutor to see what fine amount they will be seeking. The court does not know this information and cannot advise you.
If you cannot pay the fine as ordered, you must address this with the prosecutor and judge before going to the clerk’s window. You may be required to fill out a financial affidavit or pay additional fees if the fine is not paid in full on that date.
If you cannot appear the day of the arraignment or trial, you must file a written motion to continue with the court. You may not call the court if the date of your appearance is inconvenient and simply change it. A document called a "Motion to Continue" must be filed at least 10 days in advance of your hearing and you must contact the prosecutor to see if they agree. This should be done as soon as you are aware of the conflict. If you have an emergency that prohibits you from attending then please call the Information Center.

A copy of this checklist can be found here.