Criminal Law

Any prosecution begins with a complaint brought against a person after some sort of incident. This event could involve something as innocent as running a red light or as serious as robbing a bank. The complaint is usually issued to a person by a police officer. The incident that brings on the complaint often involves the accused person getting arrested.

If a person is arrested, the accused will be taken to the police station or to the county jail and go through the booking process. After booking is over, the accused is then eligible to have bail set within 24 hours. Frequently bail will be set by a bail commissioner. Other times, bail will be set by a judge. If the accused can make bail, he or she will be released. Otherwise, the accused will remain at the jail until the resolution of the case.

New Hampshire organizes its criminal and motor vehicle laws into three main categories which are divided up with the following maximum possible punishments:

In addition to these classifications, there are several other special classes of offenses and other possible enhancements that can change the maximum possible punishment.

Soon after the person is formally charged (arraigned) on the complaint, the accused will receive a trial date. In between the arraignment and the trial date, the accused will have an opportunity to conduct an investigation, file motions, and prepare for trial. During this phase of the process, the accused or his attorney may negotiate with the prosecutor to resolve the case by plea bargain. If a person accepts a plea bargain, the accused will plead guilty or nolo contendere ("no contest") in front of a judge and ask the judge to impose the terms that have already been negotiated. If the accused does not wish to negotiate or accept a plea, the case will proceed to trial.

At a trial, it is the State's burden to prove that the accused is guilty "beyond a reasonable doubt." This is the highest standard in the United States' system of justice. The defendant has the right to mount a defense to the charges on his own or through his attorney. The accused can never be called by the State to testify at his own trial. At the conclusion of the trial, the fact finder (sometimes a judge and other times a jury) will decide whether to find the person guilty or not-guilty. If the accused is found guilty, it will be up to the judge to pass sentence.

During all steps in this process, it is essential that you know your rights. Anyone accused of breaking the law will benefit from talking with an attorney before wading into this confusing and complex process with potentially high stakes. Our experienced criminal attorneys will listen to your side of the story. Once we have studied the facts, we will uncover possible defenses and put into motion a plan for your defense. Our lawyers bring to the table the experience, confidence, and toughness to square off against the state in any proceeding. Contact us for a free initial consultation today.