reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:38-b - Collection of Forfeitures; Motor Vehicles.

597:38-b Collection of Forfeitures;  Motor Vehicles. –
I. Whenever a party recognized to appear for any offense involving driving makes default and the recognizance is declared forfeited, the court shall send a notice of default to the division of motor vehicles. The division shall send a notice to the person owing the recognizance, demanding payment within 30 days and stating that failure to make payment within the 30-day period shall result in suspension of such person's driver's license or driving privilege until such time as the person provides proof to the department of safety that he has paid the amount of the forfeited recognizance to the court.
II. Payments of the forfeited recognizance under paragraph I shall be sent to the department of safety and deposited into a special fund, known as the default bench warrant fund, established in RSA 263:56-d to pay the costs of state, county and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses and to pay the cost of breath analyzer machines.
Source.
1991, 366:1. 1998, 288:10, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:39 - Procedure.

597:39 Procedure. –
The court, upon petition and notice to the county attorney, prosecutor or party interested, may order the discharge of any person imprisoned for inability to find sureties in a recognizance, upon such terms as may be deemed just.
Source.
1858, 2118:1. GS 241:13. GL 259:13. PS 252:38. PL 366:49. RL 425:49. RSA 597:39. 1967, 132:42, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:40 - Recognizance for Appearance in Superior Court.

597:40 Recognizance for Appearance in Superior Court. –
If a person is arrested in one county on a warrant for an offense alleged to have been committed in another county exceeding the jurisdiction of a justice to determine, the officer, on the arrestee's request, shall take the arrestee before a justice for the county or judicial district thereof in which the arrest was made, and, upon the arrestee's waiving examination, such justice may take the arrestee's personal recognizance or recognizance with sufficient sureties upon the terms and conditions prescribed by this chapter for the arrestee's appearance at the next term of the superior court for the county or judicial district thereof in which the offense is alleged to have been committed, and the arrestee shall return to said court certified copies of the warrant and recognizance.
Source.
RS 222:16. CS 237:16. GS 236:12. GL 254:12. PS 250:12. PL 364:15. RL 423:15. RSA 597:40. 1969, 78:9. 1992, 284:77, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:41 - Recognizance for Appearance Before Court or Justice Named in Warrant.

597:41 Recognizance for Appearance Before Court or Justice Named in Warrant. –
A justice before whom a party is taken pursuant to RSA 597:40 may, upon good cause shown, take the recognizance of the party to appear before the court or justice as directed in the warrant on a day and hour named, within 10 days following. He shall certify the fact upon the warrant and deliver it, with the recognizance, to the officer.
Source.
GS 236:13. GL 254:13. PS 250:13. PL 364:16. RL 423:16.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 597 - Bail and Recognizances › Section 597:42 - Return of Recognizance, etc.

597:42 Return of Recognizance, etc. –
The officer shall forthwith deliver the warrant and recognizance to the justice or court before whom the warrant is returnable, who may thereupon summon before him and order to recognize any witness that he may deem necessary to appear at the same time and place.
Source.
GS 236:14. GL 254:14. PS 250:14. PL 364:17. RL 423:17.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 598-A - Professional Bondsmen › Section 598-A:1 - Approval and Registration.

598-A:1 Approval and Registration. –
To promote efficiency and economy, eliminate redundancies in licensure requirements, reduce administrative costs, and facilitate customer service, the responsibility for registration of professional bondsmen shall be transferred to the office of professional licensure and certification effective July 1, 2023. No person proposing to become bail or surety in a criminal case for hire or reward, either received or to be received, shall be accepted as such unless the person shall have been approved and registered as a professional bondsman by the executive director of the office of professional licensure and certification; provided, however, no person proposing to become bail or surety in a criminal case in any calendar year after having become bail or surety in criminal cases on 5 separate occasions in said year shall be accepted thereafter during that year as bail or surety unless the person shall have been approved and registered as a professional bondsman as provided in this section.
Source.
1967, 156:1. 1977, 386:1. 1989, 8:1. 1992, 288:55, eff. July 1, 1992. 2023, 79:337, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 598-A - Professional Bondsmen › Section 598-A:1-a - Fees.

598-A:1-a Fees. –
A person proposing to become bail or surety and registered as a professional bondsman shall pay to the executive director of the office of professional licensure and certification an initial application fee. The fee shall be deposited in the office of professional licensure and certification fund.
Source.
1977, 386:2. 1989, 8:2. 1992, 288:55, eff. July 1, 1992. 2023, 79:338, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 598-A - Professional Bondsmen › Section 598-A:2 - Revocation.

598-A:2 Revocation. –
A person who has been accepted as bail or surety, contrary to the provisions of this chapter, shall nevertheless be liable on his obligation as such bail or surety. Approval and registration under this chapter may be revoked at any time by the executive director of the office of professional licensure and certification and shall be revoked in case such a bondsman fails for 30 days after demand to satisfy in full a judgment recovered under RSA 597:33. The county attorney or prosecuting officer obtaining any such judgment which is not satisfied in full within 30 days after demand shall immediately notify the executive director of the office of professional licensure and certification or designee in writing.
Source.
1967, 156:1. 1977, 386:3. 1989, 8:3. 1992, 288:55, eff. July 1, 1992. 2023, 79:339, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 598-A - Professional Bondsmen › Section 598-A:3 - List of Professional Bondsmen.

598-A:3 List of Professional Bondsmen. –
The executive director of the office of professional licensure and certification shall furnish all superior court clerks, all district courts having authority to accept bail, all jails, and all police stations with a list of the names of all persons registered as professional bondsmen and shall notify such clerks, courts, jails, and police stations of any change in a bondsman's status. The executive director of the office of professional licensure and certification shall update the list as necessary, but not less than once per year. The list shall include the following statement in bold type: "You are encouraged to contact more than one bail bondsman because not all bail bondsmen charge the same fees or provide the same services." The unaltered list shall be displayed prominently and visibly to defendants in all courts, jails, and police stations. No other list shall be displayed, furnished, or provided.
Source.
1967, 156:1. 1977, 386:4. 1989, 8:4. 1992, 288:55, eff. July 1, 1992. 2008, 35:1, eff. July 11, 2008. 2011, 236:1, eff. Sept. 3, 2011. 2023, 79:340, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 598-A - Professional Bondsmen › Section 598-A:4 - Rules of the Executive Director.

598-A:4 Rules of the Executive Director. –
All professional bondsmen shall be governed by rules which shall be adopted under RSA 541-A by the executive director of the office of professional licensure and certification.
Source.
1967, 156:1. 1977, 386:5. 1989, 8:5. 1992, 288:55, eff. July 1, 1992. 2023, 79:341, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 598-A - Professional Bondsmen › Section 598-A:5 - Penalty.

598-A:5 Penalty. –
Any unregistered person receiving hire or reward for his services as bail or surety in any criminal case, any unregistered person becoming bail or surety in any criminal case in any calendar year after having become bail or surety in criminal cases on 5 separate occasions in said year, and any professional bondsman violating any provision of the rules established hereunder for such bondsmen shall, if a natural person, be guilty of a misdemeanor, and, if another person, a felony.
Source.
1967, 156:1. 1973, 370:19, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 598-A - Professional Bondsmen › Section 598-A:6 - Exceptions.

598-A:6 Exceptions. –
The provisions of this chapter shall not apply to a fidelity, guaranty or surety company duly authorized to transact business in New Hampshire nor any duly authorized agent thereof. A person shall be deemed to have become bail or surety on a separate occasion within the meaning of this chapter if he becomes such: (1) for a person in respect to a single offense; or (2) for a person in respect to 2 or more offenses committed at the same time or arising out of the same transaction or course of conduct wherefor he at different times offers bail or surety; or (3) for 2 or more persons at the same time offering bail or surety in respect to offenses committed jointly or in a common course of conduct. Becoming bail or surety for the same person or persons in subsequent proceedings in connection with prosecution for the same offense or offenses shall not be deemed an additional occasion or occasions.
Source.
1967, 156:1, eff. Aug. 1, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 599 - Appeals From Convictions in Circuit Court › Section 599:1 - Appeals.

599:1 Appeals. –
A person convicted by a circuit court of a class A misdemeanor, at the time the sentence is declared, may appeal therefrom to obtain a de novo jury trial in the superior court, which shall hear the appeal. The appeal shall be entered by the defendant at the next return day unless for good cause shown the time is extended by the superior court. If, after a jury trial in the superior court, the defendant is found guilty, the superior court shall sentence the defendant, and the defendant may appeal questions of law arising therefrom to the supreme court. In the event the defendant waives the right to jury trial after the case has been appealed, the superior court shall forthwith remand the case to the circuit court for imposition of the sentence originally imposed by the circuit court, and the defendant may appeal questions of law arising therefrom to the supreme court. In all misdemeanor cases which are appealed to superior court, it shall be the duty of the superior court to transmit to the justice of the circuit court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.
Source.
RS 222:2. CS 237:2. 1860, 239:3. GS 240:2. GL 258:2. PS 252:2. PL 366:2. 1927, 10:1. 1937, 49:1. RL 425:2. 1947, 121:14. 1951, 163:13. RSA 599:1. 1957, 244:38. 1965, 86:1. 1983, 382:6. 1988, 19:3. 1992, 269:6. 1995, 277:20, eff. Aug. 19, 1995. 2006, 64:2, eff. Jan. 1, 2007. 2011, 88:28, eff. July 1, 2011. 2015, 249:12, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 599 - Appeals From Convictions in Circuit Court › Section 599:1-a - Petition; Late Appeal.

599:1-a Petition;  Late Appeal. –
A person sentenced for an offense by a district or municipal court who fails to appeal as provided in RSA 599:1 may petition said court to enter a late appeal. The petition shall be in writing and shall be made within 3 days from the date sentence is declared. The court shall grant such petition, provided that the person appealing shall appear in person or by his attorney at the next regular session of the court, or at such time and place as the justice of the court shall designate, to perfect his appeal by providing such bail as is determined proper by the court. All other requirements provided for in RSA 599:1 shall be in force.
Source.
1961, 131:1, eff. July 17, 1961.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 599 - Appeals From Convictions in Circuit Court › Section 599:1-b - Petition for Appeal.

599:1-b Petition for Appeal. –
Any person aggrieved by a decision of a district or municipal court who was prevented from appealing therefrom, as provided in RSA 599:1 or RSA 599:1-a, through mistake, accident or misfortune, and not from his own neglect, may petition the superior court at any time within 30 days from the time the sentence is declared, to be allowed an appeal, setting forth his interest, his reason for appealing and the cause of his delay. The court may make such order thereon as justice may require.
Source.
1961, 131:2, eff. July 17, 1961.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 599 - Appeals From Convictions in Circuit Court › Section 599:1-c - Records Required.

599:1-c Records Required. –
I. Any person charged with any violation or class B misdemeanor may, at least 5 days prior to trial, request the district or municipal court that a sound recording be kept of all proceedings in his trial. If such a request is made, the district or municipal court shall make the sound recording at no cost to the person requesting it.
II. A person sentenced by a district or municipal court for a violation or class B misdemeanor may, at the time the sentence is declared or within 30 days thereafter, appeal therefrom to the supreme court. On any such appeal, the district or municipal court shall, at no cost to the person, provide to the supreme court the sound recording requested under paragraph I.
Source.
1983, 382:18. 1985, 341:8. 1993, 190:18, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 599 - Appeals From Convictions in Circuit Court › Section 599:2 - Recognizance of Appellant.

599:2 Recognizance of Appellant. –
Before the appeal is allowed, the appellant shall enter into recognizance, with sufficient sureties, in such sum as the court shall order, not exceeding $2,000, to appear at the court of appeal, to prosecute his appeal with effect, to abide the order of the court thereon and, if so required, to be of good behavior in the meantime, or shall surrender himself to the proper authority for the purpose of commitment to the county jail or house of correction pending such appeal.
Source.
RS 222:2. CS 237:2. GS 240:3. GL 258:3. PS 252:3. 1913, 68:1. 1915, 38:1. PL 366:3. 1931, 161:1. RL 425:3.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 599 - Appeals From Convictions in Circuit Court › Section 599:3 - Failure to Prosecute Appeal.

599:3 Failure to Prosecute Appeal. –
If the appellant fails to enter his appeal within the time limited and prosecute his appeal, a record thereof shall be made, his recognizance shall be declared forfeited, and, within 10 days, the clerk of court shall transmit to the district or municipal court appealed from a certificate of such forfeiture.
Source.
1862, 2606. GS 240:4. GL 258:4. PS 252:4. PL 366:4. 1927, 10:2. 1937, 49:2. RL 425:4. RSA 599:3. 1957, 244:39, eff. Sept. 23, 1957.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 599 - Appeals From Convictions in Circuit Court › Section 599:4 - Enforcing Original Sentence.

599:4 Enforcing Original Sentence. –
The justice shall record the certificate of forfeiture, and he shall issue a mittimus or other process to carry into effect the original sentence.
Source.
1862, 2606. GS 240:4. GL 258:4. PS 252:4. PL 366:5. RL 425:5. RSA 599:4. 1955, 322:4, eff. Aug. 5, 1955.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600 - Grand Juries › Section 600:1 - Drawing Jurors.

600:1 Drawing Jurors. –
Grand jurors shall be drawn, summoned and returned in the same manner as jurors for trials, and talesmen, not exceeding 5, under the direction of the court may be returned by the sheriff or other officer.
Source.
RS 176:20. CS 186:21. GS 242:2. GL 260:2. PS 253:2. PL 367:2. RL 427:2.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600 - Grand Juries › Section 600:2 - Issuance of Venires in Emergencies.

600:2 Issuance of Venires in Emergencies. –
In case of emergency, venires may be issued for grand jurors to be drawn and notified and to attend forthwith as in the case of petit jurors.
Source.
RS 176:15. CS 186:16. GS 242:3. GL 260:3. PS 253:3. PL 367:3 RL 427:3.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600 - Grand Juries › Section 600:3 - Oath.

600:3 Oath. –
Grand jurors before entering upon their duties shall take the following oath: You, as grand jurors, do solemnly swear that you will diligently inquire, and a true presentment make, of all such matters and things as shall be given you in charge; the state's counsel, your fellows' and your own you shall keep secret; and shall present no person for envy, hatred or malice; neither shall you leave any unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly as they come to your knowledge, according to the best of your understanding. So help you God.
Source.
RS 176:22. CS 186:23. GS 242:5. GL 260:5. PS 253:5. PL 367:4. RL 427:4. RSA 600:3. 1992, 284:78, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600 - Grand Juries › Section 600:4 - Oath to Witnesses.

600:4 Oath to Witnesses. –
The foreman of the grand jury, the prosecuting officer or any justice upon the jury may administer oaths to witnesses to be examined before them.
Source.
GS 242:6. GL 260:6. PS 253:6. PL 367:5. RL 427:5.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600 - Grand Juries › Section 600:5 - Clerk; Minutes.

600:5 Clerk;  Minutes. –
The grand jury may appoint one of their number to be clerk to preserve minutes of the proceedings before them, which shall be delivered to the attorney general or county attorney.
Source.
GS 242:7. GL 260:7. PS 253:7. PL 367:7 RL 427:6.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600-A - Multicounty Grand Juries › Section 600-A:1 - Application for Multicounty Grand Jury.

600-A:1 Application for Multicounty Grand Jury. –
Application for a multicounty grand jury may be made by the attorney general to the supreme court. In such application the attorney general shall state that, in his or her judgment, the convening of a multicounty grand jury is necessary because of an alleged crime or crimes involving more than one county or judicial district thereof of the state and that, in his or her judgment, the grand jury functions cannot be effectively performed by a county grand jury. The application shall specify for which counties or judicial districts thereof the multicounty grand jury is to be convened.
Source.
1985, 133:1. 1992, 284:79, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600-A - Multicounty Grand Juries › Section 600-A:2 - Contents of Order Convening Multicounty Grand Jury.

600-A:2 Contents of Order Convening Multicounty Grand Jury. –
I. An order issued upon an application made pursuant to RSA 600-A:1 shall:
(a) Convene a multicounty grand jury having statewide jurisdiction, or jurisdiction over all counties and judicial districts thereof requested in the application by the attorney general;
(b) Designate a judge of a superior court to be supervising judge over such multicounty grand jury and provide that such judge shall, with respect to all proper activities of said multicounty grand jury, have jurisdiction over all counties or judicial districts thereof in the jurisdiction of said multicounty grand jury;
(c) Designate the counties or judicial districts thereof which shall supply jurors and in what ratios;
(d) Designate a location or locations for the multicounty grand jury proceeding; and
(e) Provide for such other incidental arrangements as may be necessary.
II. All matters to be included in such order shall be determined by the justice issuing the order in any manner which he deems appropriate, except that the supreme court may adopt general rules, consistent with the provisions of this chapter, establishing standard procedures for the convening of multicounty grand juries.
Source.
1985, 133:1. 1992, 284:80, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600-A - Multicounty Grand Juries › Section 600-A:3 - Term.

600-A:3 Term. –
The regular term of the multicounty grand jury shall be 6 months. The terms may be shortened by the supervising judge at the request of the attorney general. The term may be extended by the supervising judge for a specified time period upon a written petition by the attorney general stating that an extension is needed to conclude a multicounty grand jury begun prior to the expiration of its term.
Source.
1985, 133:1, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600-A - Multicounty Grand Juries › Section 600-A:4 - Applicable Law.

600-A:4 Applicable Law. –
The law applicable to county grand juries, including their powers, duties and functions, shall apply to multicounty grand juries except insofar as it is in conflict with this chapter.
Source.
1985, 133:1, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600-A - Multicounty Grand Juries › Section 600-A:5 - Presentation of Evidence to Multicounty Grand Jury.

600-A:5 Presentation of Evidence to Multicounty Grand Jury. –
Evidence shall be presented a multicounty grand jury by the attorney general or his designee.
Source.
1985, 133:1, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600-A - Multicounty Grand Juries › Section 600-A:6 - Indictment; Designation of Venue; Consolidation.

600-A:6 Indictment;  Designation of Venue;  Consolidation. –
Any indictment by any multicounty grand jury shall be returned to the supervising judge and shall include a finding as to the county, judicial district thereof, or counties in which the alleged offense was committed. Thereupon, the supervising judge shall, by order, designate the county of venue for the purpose of trial. The supervising judge may, by order, direct the consolidation of an indictment returned by a county grand jury with an indictment returned by a multicounty grand jury and fix venue for trial.
Source.
1985, 133:1. 1992, 284:81, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600-A - Multicounty Grand Juries › Section 600-A:7 - Prosecution of Indictments.

600-A:7 Prosecution of Indictments. –
The attorney general or his designee shall prosecute all indictments returned by a multicounty grand jury.
Source.
1985, 133:1, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 600-A - Multicounty Grand Juries › Section 600-A:8 - Costs and Expenses.

600-A:8 Costs and Expenses. –
The costs and expenses incurred by impaneling a multicounty grand jury and in the performance of its functions and duties shall be paid by the state.
Source.
1985, 133:1, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 601 - Indictments, Informations, and Complaints › Section 601:1 - Indictments, Necessity.

601:1 Indictments, Necessity. –
No person shall be tried for any offense, the punishment of which may be death or imprisonment for more than one year, unless upon an indictment found against such person by the grand jury of the county or judicial district thereof in which the offense is committed or is triable.
Source.
RS 225:1. CS 240:1. GS 242:1. GL 260:1. PS 253:1. PL 367:1. RL 427:1. RSA 601:1. 1992, 284:82, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 601 - Indictments, Informations, and Complaints › Section 601:2 - Waiving Indictment.

601:2 Waiving Indictment. –
Any person who has been bound over or committed by a justice or circuit court under provisions of RSA 592-A:4-a or 592-A:6 for trial in the superior court upon a complaint charging a crime not punishable by death, and who desires to waive indictment, may apply in writing to the superior court for prompt arraignment upon such complaint. Upon the filing of such a motion, the county attorney may, with the approval of the court, proceed against the defendant by complaint, and in such case the defendant shall be held to answer and the court shall have as full jurisdiction of the complaint as if an indictment had been found. The arraignment of the defendant shall be at such time as the court may designate. Every person when so committed or bound over upon such a complaint shall be notified by the court of his or her right to apply for waiver of indictment and prompt arraignment as aforesaid.
Source.
1945, 38:1, eff. March 6, 1945. 2015, 249:13, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017. 2022, 268:6, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 601 - Indictments, Informations, and Complaints › Section 601:3 - Additional Charges.

601:3 Additional Charges. –
If the attorney general or the county attorney desires to charge a defendant making application under RSA 601:2 with a crime or crimes not punishable by death other than a crime charged in the complaint upon which the defendant has been committed, the attorney general or the county attorney may, before consenting to such application, prepare a complaint or complaints charging such other crime or crimes and serve the same upon the defendant in order that he may have an opportunity to waive indictment upon such other charges. The superior court shall by rule establish forms for application to waive indictment under this chapter and may by rule make such other regulations of procedure under this chapter as justice may require.
Source.
1945, 38:1, eff. March 6, 1945. 2015, 249:15, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 601 - Indictments, Informations, and Complaints › Section 601:3-a - Waiving Indictment in Other Cases.

601:3-a Waiving Indictment in Other Cases. –
If there is no provision in RSA 601:2 or 3, any county attorney may charge a person with a felony not punishable by death by preparing a complaint charging such felony and serving the same on the defendant in order that the defendant may have an opportunity to waive indictment on such felony, and if the defendant does so waive indictment, and the superior court approves the waiver, after an affidavit of service on the defendant has been filed, the defendant shall be held to answer and the superior court shall have as full jurisdiction of the complaint as if an indictment had been found.
Source.
1965, 302:1, eff. Sept. 5, 1965.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 601 - Indictments, Informations, and Complaints › Section 601:4 - Sufficiency.

601:4 Sufficiency. –
An indictment, information or complaint is sufficient if it sets forth the offense fully, plainly, substantially and formally, and it is not necessary to set forth therein the special statute, bylaw or ordinance on which it is founded.
Source.
1855, 1699:17. GS 242:10. GL 260:10. PS 253:9. PL 367:8. RL 427:8.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 601 - Indictments, Informations, and Complaints › Section 601:5 - Charging Intent to Defraud.

601:5 Charging Intent to Defraud. –
When an intent to defraud is necessary to constitute any offense, it is sufficient to allege in the indictment or information such intent generally, and proof of an intent to defraud some person or body corporate is competent to support such indictment or information.
Source.
RS 225:18. CS 240:21. GS 242:11. GL 260:11. PS 253:10. PL 367:9. RL 427:9.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 601 - Indictments, Informations, and Complaints › Section 601:6 - Charging Manner of Death.

601:6 Charging Manner of Death. –
In indictments charging any degree of murder, including capital murder, it is not necessary to set forth the manner in which or the means by which the death of the deceased was caused, but it is sufficient in an indictment for murder to charge the culpable mental state applicable and, where appropriate, the particular circumstances set forth in RSA 630:1, I, RSA 630:1-a, I, or RSA 630:1-b, I, constituting an element of the offense charged, and in an indictment for manslaughter to charge the culpable mental state applicable and, where appropriate, the particular circumstances set forth in RSA 630:2 constituting an element of the offense charged.
Source.
GS 242:14. GL 260:14. PS 253:11. PL 367:10. RL 427:10. RSA 601:6. 1977, 315:1, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 601 - Indictments, Informations, and Complaints › Section 601:6-a - Joining Charges.

601:6-a Joining Charges. –
The crime of murder shall not be charged in the same indictment with the offense of concealing the death of a newborn child.
Source.
1859, 2221:3. GS 264:6. GL 282:6. PS 278:6. PL 392:7. RL 455:7. RSA 585:7. 1973, 370:5, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 601 - Indictments, Informations, and Complaints › Section 601:7 - Charging Assaults.

601:7 Charging Assaults. –
It is not necessary, in an indictment for assault and battery, to allege that any preliminary proceedings have been had in the case before a justice or district or municipal court.
Source.
1860, 2360. GS 242:12. GL 260:12. PS 253:12. PL 367:11. RL 427:11.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 601 - Indictments, Informations, and Complaints › Section 601:8 - Formal Errors, etc.

601:8 Formal Errors, etc. –
No indictment, complaint, return, process, judgment or other proceeding in any criminal case in the courts or course of justice shall be abated, quashed or reversed for any error or mistake where the person or case may be rightly understood by the court, nor through any defect or want of form or addition, and courts and justices may, on motion, order amendments in any such case.
Source.
1863, 2724:1. GS 242:13. GL 260:13. PS 253:13. PL 367:12. RL 427:12.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 601 - Indictments, Informations, and Complaints › Section 601:9 - Lotteries.

601:9 Lotteries. –
In a complaint or indictment in any case arising under RSA 647:1, a lottery may be described as a pretended lottery, which shall be sufficient, whatever the proof may be, and it shall not be necessary to allege or prove, upon trial, who is the owner of the property, nor who manages, conducts, or draws the lottery, or participates therein.
Source.
1855, 1697. GS 254:4. GL 272: 4. PS 270:4. PL 384:4. RL 447:4. RSA 577:4. 1973, 532:17, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 602 - Venue › Section 602:1 - Parts of Offense in More Than One County, etc.

602:1 Parts of Offense in More Than One County, etc. –
Offenders shall be prosecuted and tried in the county or judicial district thereof in which the offense was committed. But if any person is feloniously stricken, wounded or poisoned in one county or judicial district thereof and dies thereof in another, or if parts of an offense are committed in more than one county or judicial district thereof, the offense shall be deemed to have been committed, the offender may be prosecuted, and the trial may be had in either county or judicial district thereof.
Source.
RS 225:2. CS 240:2. 1863, 2722. GS 242:9. GL 260:9. PS 253:8. PL 367:7. RL 427:7. RSA 602:1. 1992, 284:83, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 602 - Venue › Section 602:2 - Arraignment and Bail of Defaulters.

602:2 Arraignment and Bail of Defaulters. –
A justice of any district, municipal, or superior court in this state shall hold an arraignment and bail hearing on any person who has been arrested on a warrant for default of a court appearance or nonpayment of a fine, regardless of the county or judicial district in which the warrant was issued. The court, with the agreement of the state and the defendant, may accept a plea of guilty or no contest.
Source.
1996, 182:1, eff. June 3, 1996.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604 - Rights of Accused › Section 604:1 - Capital Cases and First Degree Murder.

604:1 Capital Cases and First Degree Murder. –
Every person indicted for an offense punishable by death or for murder in the first degree shall be entitled to a copy of the indictment before he is arraigned thereon; to a list of the witnesses to be used and of the jurors returned to serve on the trial, with the place of abode of each, to be delivered to him 24 hours before the trial; and to process from court to compel witnesses to appear and testify at the trial; provided, however, the justice presiding at the trial may admit the testimony of any witness whose name and place of abode is not on the list hereinbefore provided for upon such notice to the respondent as he, the presiding justice, shall direct, whenever, in his discretion, he deems such action will promote justice.
Source.
RS 225:3. CS 240:3. GS 243:1. GL 261:1, 13. PS 254:1. PL 368:1. 1939, 178:1. RL 428:1. RSA 604:1. 1965, 296:3. 1974, 34:11, eff. April 15, 1974.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604 - Rights of Accused › Section 604:1-a - Repealed by 2015, 249:16, XI, eff. Oct. 1, 2017.

604:1-a Repealed by 2015, 249:16, XI, eff. Oct. 1, 2017. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604 - Rights of Accused › Section 604:1-b - Discovery in Criminal Matters.

604:1-b Discovery in Criminal Matters. –
After an accused person has been bound over to the superior court and prior to indictment, the accused person shall have the same rights to discovery and deposition as he or she has subsequent to indictment, provided that all judicial proceedings with respect thereto shall be within the jurisdiction of the superior court, and notice of complaint therefor and hearing thereon shall be given to the county attorney, or the attorney general if the attorney general shall have entered the case.
Source.
2022, 268:12, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604 - Rights of Accused › Section 604:2, 604:3 - Repealed by 1965, 296:4, eff. July 1, 1965.

604:2, 604:3 Repealed by 1965, 296:4, eff. July 1, 1965. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:1 - Representation of Defendants.

604-A:1 Representation of Defendants. –
The purpose of this chapter is to provide adequate representation for indigent defendants in criminal cases, as a precondition of imprisonment, and indigent juveniles charged with being delinquent in any court of this state. Representation of juveniles shall include all court ordered representation and shall be paid from funds appropriated for indigent defense pursuant to this chapter. Representation shall include counsel and investigative, expert and other services and expenses, including process to compel the attendance of witnesses, as may be necessary for an adequate defense before the courts of this state.
Source.
1965, 296:1. 1967, 422:1. 1973, 370:22. 1981, 568:20, I, eff. July 1, 1981. 2009, 144:182, eff. July 1, 2009.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:1-a - Neglected or Abused Children.

604-A:1-a Neglected or Abused Children. –
In cases involving a neglected or abused child, when a guardian ad litem is appointed for the child as provided in RSA 169-C:10, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter. In cases involving a neglected or abused child, when an expressed interest attorney is appointed for the child as provided in RSA 169-C:10, the cost of such appointment shall be paid from funds appropriated for indigent defense in this chapter. In cases involving a neglected or abused child, when an attorney is appointed to represent a parent determined to be indigent pursuant to RSA 169-C:10, II, at the preliminary hearing or a hearing pursuant to RSA 169-C:6-a, III, whichever occurs earlier, the cost of such appointment, including counsel and investigative, expert, or other services and expenses, shall be paid from funds appropriated for indigent defense pursuant to this chapter. Counsel shall petition the court for investigative, expert, or other services necessary to provide adequate representation. If the court finds that such services are necessary and that the parent is financially unable to obtain them, the court shall authorize counsel to obtain the necessary services on behalf of the parent. Services authorized under this section shall be in addition to payment for expenses provided under RSA 169-C or RSA 170-C.
Source.
1973, 522:1. 1996, 248:9, eff. July 1, 1996. 2008, 296:24, eff. June 27, 2008. 2009, 144:183, eff. July 1, 2009. 2011, 224:74, eff. July 1, 2011. 2013, 144:58, eff. July 1, 2013. 2021, 207:2, Pt. V, Sec. 3, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:1-b - Additional Funding.

604-A:1-b Additional Funding. –
In the event that expenditures for indigent defense by the judicial council are greater than amounts appropriated in the operating budget, the judicial council may request, with prior approval of the fiscal committee of the general court, that the governor and council authorize additional funding. For funds requested and approved, the governor is authorized to draw a warrant from any money in the treasury not otherwise appropriated.
Source.
2008, 296:25, eff. June 27, 2008.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:1-c - Additional Funding From State Departments and Agencies.

604-A:1-c Additional Funding From State Departments and Agencies. –
I. Every state department, board, institution, commission, or agency which receives general fund grants or supplemental appropriations outside of the state biennial operating budget for the purpose of conducting law enforcement activities that may result in increased costs for indigent defense as determined by the court, shall transfer 5 percent of such funds received to the judicial council to be used to pay for indigent defense costs resulting from such law enforcement activities. Payment for expenses of indigent representation under this section shall be made pursuant to RSA 604-A:8.
II. The department of safety shall transfer 5 percent of any additional funds appropriated for the substance abuse enforcement program established in RSA 21-P:66 to the judicial council to be used to pay for indigent defense costs resulting from such law enforcement activities. Payment for expenses of indigent representation under this section shall be made pursuant to RSA 604-A:8.
Source.
2017, 156:222, eff. July 1, 2017. 2021, 91:383, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:2-a - Additional Inquiry.

604-A:2-a Additional Inquiry. –
Whenever a court appoints counsel pursuant to the provisions of RSA 604-A:2, the court shall conduct an appropriate inquiry as to whether any person who, pursuant to RSA 546-A:2, is liable for the support of the defendant is financially able to pay for such defendant's counsel. If the court determines that the person liable for support is financially able to pay for said counsel, in whole or in part, the court shall enter an appropriate order requiring said person to reimburse the state for the representation provided; provided, however, that a child shall not be required to reimburse the state for representation provided to his mother or father, a parent shall not be required to reimburse the state for representation provided to a child 18 years of age or older, and any person who was a victim of the crime with which the defendant has been charged shall not be required to reimburse the state for the representation provided. For the purposes of this section, the inquiry conducted by the court shall include notice and hearing to the person liable for support.
Source.
1981, 568:20, III. 1982, 42:41, eff. June 29, 1982.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:2-b - Contract Attorneys.

604-A:2-b Contract Attorneys. –
The state of New Hampshire, by the judicial council and with the approval of governor and council, may, within the limits of available appropriations, contract with any qualified attorney in the state to provide for the representation of indigents in circumstances where, pursuant to RSA 604-B, the public defender program is unavailable to provide such representation. No contract providing for the representation of children in proceedings arising under RSA 169-B shall be based on payment of a predetermined fee per case or other payment structure which creates a financial disincentive for attorneys to provide effective representation in such cases. The executive director of the judicial council shall authorize payments to contract attorneys provided for under this section.
Source.
1985, 342:2. 1987, 406:17. 1991, 46:1. 1997, 351:8, eff. July 1, 1997. 2021, 207:2, Pt. I, Sec. 4, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:2-c - Determination of Financial Ability.

604-A:2-c Determination of Financial Ability. –
The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. The defendant's assets shall include all real and personal property owned in any manner by the defendant, excluding only those assets which are exempt from attachment and execution under RSA 511:2. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from attachment under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents. In determining a defendant's financial ability to obtain counsel, the rules adopted by the commissioner under RSA 604-A:10, IV, shall contain a method for considering the defendant's ability to borrow some or all of the necessary funds. The rules shall also consider the possibility of the defendant paying his counsel fees in periodic installments.
Source.
1985, 342:2. 1989, 345:5, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:2-d - Partial Liability.

604-A:2-d Partial Liability. –
If the commissioner of administrative services determines, in accordance with the standards set forth in RSA 604-A:2-c, that a defendant is able to pay some, but not all of the expenses of obtaining private counsel, the court shall appoint counsel and shall require the defendant to pay a fixed contribution in accordance with rules adopted pursuant to RSA 604-A:10, IV. The defendant's full payment shall be made to the court prior to the conclusion of the proceedings, unless otherwise ordered by the court. The clerk of court shall remit such payments to the department of administrative services with the documentation required by the commissioner.
Source.
1985, 342:2. 1989, 345:6, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:2-e - Counsel in Juvenile Delinquency Cases.

604-A:2-e Counsel in Juvenile Delinquency Cases. –
Courts assigning counsel in RSA 169-B proceedings shall do so in accordance with standards adopted by the judicial council.
Source.
2014, 215:25, eff. July 1, 2015.