Title LIX, Proceedings in Criminal Cases

An inspection warrant shall be a written order in the name of the state, signed by a justice, associate justice or special justice of any municipal, district or superior court, directed to an official or employee of a state agency, municipality, or other political subdivision, co…

The uniform procedures set forth in this chapter shall be applicable to all persons authorized by law to act in the name of the state to conduct any inspection, testing or sampling, and who do not have legal consent for such inspection, testing, or sampling, including but not lim…

I. A law enforcement officer may legally conduct a search of a motor vehicle without a warrant under this chapter if the law enforcement officer expressly informs the operator of the motor vehicle that: (a) The operator has the right to refuse to consent to a search; (b) Any refu…

I. Search warrants shall designate or describe the person, building, vessel, or vehicle to be searched and shall particularly describe the property or articles to be searched for. They shall be substantially in the form prescribed in RSA 595-A:3 and shall be directed to a sheriff…

Each state, county, and local law enforcement agency that conducts photo lineups, live lineups, or show-ups shall adopt a written policy that sets forth the manner in which they shall be conducted. Such policy shall conform to the standards and procedures established by the offic…

I. An inspection warrant shall be issued only upon the request of an official or employee of a state agency, municipality, or other political subdivision and only upon a showing of probable cause supported by affidavit. The affidavit shall particularly describe the place, dwellin…

The warrant shall be in substantially the following form: The State of New Hampshire (County), ss. (Name) Court. To the Sheriffs of our several counties, or their deputies, any State Police Officer, or any Constable or Police Officer of any city or town, within our said State. Pr…

If a justice, associate justice, or special justice is satisfied that probable cause for the inspection, testing or sampling exists, he shall issue the warrant particularly describing each place, dwelling, structure, premises, vehicle or record to be inspected, tested or sampled,…

A person seeking a search warrant shall appear before a court or justice authorized to issue search warrants in criminal cases and shall give a written statement under oath in substantially the form hereinafter prescribed. Such written statement under oath shall contain facts, in…

An inspection warrant shall be returned to the court to which it is made returnable as soon as it has been executed, and in any event not later than 7 days from the date of its issuance, unless extended or renewed by the justice, associate justice, or special justice who signed a…

The personal appearance and authorization for a search warrant under RSA 595-A:4 may be by means of telecommunication or electronic communication, and electronic signature pursuant to RSA 294-E.

The officer taking property under the warrant shall give to the person from whom, or from whose premises, the property was taken, a copy of the warrant and a receipt for the property taken, or shall leave the copy and receipt at the place from which the property was taken. The re…

An inspection, testing or sampling pursuant to a warrant issued under this chapter shall not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, unless specifically authorized by the person issuing such warrant upon a showing that such authority is reasonabl…

If an officer in the execution of a search warrant, or by some other authorized method, finds property or articles he is empowered to take, he shall seize and safely keep them under the direction of the court or justice so long as necessary to permit them to be produced or used a…

An official or employee of a state agency, municipality, or other political subdivision executing an inspection warrant shall give a copy of the warrant to the person owning or occupying the particular place, dwelling, structure, premises, vehicle or records which are the subject…

Every officer to whom a warrant to search is issued shall return the same to the court to which it was made returnable as soon as it has been served, and in any event not later than 7 days from the date of issuance thereof, with a return of his actions thereon.

Failure to obtain an inspection warrant or to execute such a warrant in accordance with this chapter or the terms of the warrant shall not be cause for the exclusion of evidence derived from or obtained pursuant to any inspection, testing, or sampling, in any civil or criminal pr…

An officer executing a search warrant may take with him suitable assistants and suffer no others to be with him.

Any person who knowingly refuses to permit an inspection, testing or sampling lawfully authorized by a warrant issued pursuant to this chapter shall be guilty of a misdemeanor.

This chapter shall not apply to the application for warrants by personnel within the department of fish and game and the division of state police, and shall in no way affect the issuance of warrants at the request of persons within the department or division under other provision…

This chapter does not modify any act inconsistent with it regulating search, seizure and the issuance and execution of search warrants in circumstances for which special provision is made. The term "property" is used in this chapter to denote everything which is the subject of ow…

When an accused person is brought before a circuit court, upon a warrant or complaint, for trial or preliminary examination, the proceedings may be adjourned for cause, from time to time, as shall be adjudged reasonable, and the accused may be detained in custody, or required to …

The accused shall not be called upon to plead, if the offense is beyond the jurisdiction of the court to decide. If the accused waives preliminary examination thereof, the court shall hold the accused to appear in superior court as provided in RSA 596-A:13. If the accused does no…

If the accused elects to be examined himself or herself, the accused shall be sworn, but it shall always be a sufficient answer that he or she declines to answer the question; and if at any time the accused declines to answer further, the examination shall cease.

Any of the witnesses for or against the accused may be excluded from the place of examination, and be kept separate and apart from each other during the examination of other witnesses.

If from the evidence it appears to the circuit court district division that there is probable cause to believe that an offense has been committed which is beyond the jurisdiction of the court to try and that the accused committed it, or if the accused waives preliminary examinati…

Every circuit court district division shall, upon motion made by an accused in a preliminary examination for probable cause, at least 5 days before the date of hearing or any adjournment thereof, provide a recording of all proceedings before said court at the expense of the defen…

The circuit court district division shall cause the complaint to be read to the accused and shall inform the accused of right to retain counsel and of the right to have a preliminary examination. The court shall also inform the accused that they are not required to make a stateme…

Except as provided in RSA 597:1-a, 597:1-c, or 597:1-d, all persons arrested for an offense shall be eligible to be released pending judicial proceedings upon compliance with the provisions of this chapter.

I. After conviction for an offense punishable by death or, by a term of life imprisonment without possibility of parole, or for aggravated felonious sexual assault or felonious sexual assault, a defendant shall not be allowed bail. II. Except as provided in paragraph I, the court…

Any person arrested for an offense punishable by up to life in prison, where the proof is evident or the presumption great, shall not be allowed bail.

I. If there is a judicial finding of probable cause to believe that a person has committed a violation of RSA 630, RSA 631, RSA 632-A:2-4 or RSA 633:1-3 from an arrest warrant affidavit and the person is on probation or parole for a conviction of a violent crime listed in RSA 651…

In case of appeal, the municipal and district courts shall cause true and attested copies of the complaint, other process, records and recognizances, together with any cash bail in the case, to be filed with the clerk of the superior court within 10 days after the date of such or…

In the case of an order to recognize for appearance before the superior court, the circuit court shall cause copies of the complaint, other process, records and recognizances, together with any cash bail in the case, to be mailed or delivered to the clerk of the superior court of…

Whoever violates any provision of RSA 597:10 and 11 shall be guilty of a violation.

If a justice knowingly accepts insufficient bail or fails to make return of his proceedings as required by law, he shall be liable to the same punishment as for aiding an escape in a like case; provided, that this section shall not apply to release on personal recognizance upon a…

Minors and their sureties shall be bound by their recognizance in the same manner as if their principals were of full age.

I. A person convicted of an offense while released pursuant to this chapter shall be sentenced, in addition to the sentence prescribed for the offense to: (a) A maximum term of imprisonment of not more than 7 years if the offense is a felony; or (b) A maximum term of imprisonment…

The superior court may appoint justices of the peace and quorum as commissioners authorized to fix and receive bail in criminal or civil cases as hereinafter provided. The superior court shall not appoint as a bail commissioner anyone whose appointment would present a conflict of…

The circuit court may appoint justices of the peace and quorum as commissioners authorized to fix and receive bail and other fines and fees as authorized by law in criminal or civil cases as hereinafter provided. The circuit court shall not appoint as a bail commissioner anyone w…

I. Bail commissioners shall be commissioned for 5 years and continue in office until their successors shall have qualified. A bail commissioner's appointment may be revoked for cause at any time during the term of his or her appointment by the chief justice of the supreme court o…

On application of a person who is arrested for a bailable offense, at any time before his arraignment therefor, any commissioner may fix the amount of and receive bail in the same manner as the court might do, except in cases provided for by RSA 597:4.

I. The judicial training coordinator, in consultation with the chief justice of the superior court and the administrative judge of the circuit court, shall develop an education program to ensure that new bail commissioners are adequately trained and that existing bail commissione…

I. The bail commissioners shall provide to any person bailed by the bail commissioner under this chapter information on local services that are available to the person relating to homelessness, hunger, mental health, and substance use issues. II. The bail commissioners shall noti…

Every recognizance taken by a commissioner shall be certified and returned to the clerk of the court before which the party is bound to appear, on or before the day of the sitting thereof.

I. Except as provided in paragraph III or VIII, upon the appearance before the court of a person charged with an offense, the court shall issue an order that, pending arraignment or trial, the person be: (a) Released on his or her personal recognizance or upon execution of an uns…