Title LIX, Proceedings in Criminal Cases

No sheriff, deputy sheriff, constable, city marshal, chief of police or other police officer who receives a salary or who is to be otherwise compensated as a law enforcement officer in connection with the same criminal case by the state, county, city or town shall be paid any fee…

Notwithstanding the witness fees payable pursuant to RSA 592-A:13 to an off duty police officer, when such an officer is employed by a town or city of 50,000 or more population, he may receive from his town or city, in lieu of the witness fee so provided, the regular rate of pay …

Upon complaint for an offense of which a district or municipal court has final jurisdiction, the justice to whom the complaint is made, if he shall deem an arrest unnecessary, may issue a summons requiring the party to appear at a certain time and place to answer to the complaint…

If a party, being summoned by delivering to him an attested copy of the summons as provided in RSA 592-A:14, shall not appear, the justice may then issue a warrant as provided in RSA 592-A:8. Such party shall be in contempt of court for failing to attend after being so summoned a…

A warrant against a minor may require the parent or guardian of the minor to be summoned to attend the examination or trial, by delivering to him an attested copy of the warrant and of the complaint, if annexed thereto, and the parent or guardian, being so summoned, may be adjudg…

The superior court has jurisdiction of all appeals in criminal cases from district or municipal courts.

Trial by jury shall not be afforded in the superior court for any violation as defined in RSA 625:9, except upon being subject to the imposition of a civil penalty which aggregates the total fines and penalties for a violation to an amount in excess of $1,500, in which case an ap…

I. Unless otherwise provided for in law, criminal proceedings in superior court shall be commenced by the receipt of a complaint from the circuit court having found probable cause to bind over a defendant. If a complaint is received from the circuit court or is filed, the accused…

A justice of a district or municipal court may render final judgment and sentence in any case where the punishment is a fine of $100 or of some specific sum less than $100, or imprisonment for a period of not more than 6 months, or is both such fine and imprisonment, if the accus…

A justice of the peace or justice of the superior or circuit court, upon such complaint or indictment, may issue a warrant for the arrest of the person so charged with an offense committed or triable in the county, directed to the sheriff of any county or his deputy or to any con…

A justice of the circuit court district division may cause to be apprehended and committed to jail or bound over with sufficient sureties to the superior court all persons charged with offenses committed or triable in the county exceeding the justice's jurisdiction to try and any…

A justice of the peace throughout the state may issue his warrant for any offense committed in any county, which may be directed to the sheriff of any county or his deputy or to any constable or police officer of any town in the state.

If such warrant is issued, it shall be made returnable before the superior court having jurisdiction over the case and not elsewhere.

District and municipal courts have the powers of a justice of the peace and quorum throughout the state and have jurisdiction as provided in RSA 502-A:11 and 14 and RSA 502:18.

I. (a) Criminal proceedings before a circuit court shall be begun by complaint, signed and under oath, addressed to such court, briefly setting forth, by name or description, the party accused and the offense charged, provided that a complaint filed by a police officer, as define…

Upon entry of a plea of not guilty, the case shall be scheduled for a dispositional conference in accordance with superior court rules.

A justice of the peace or justice of the circuit court, upon such complaint when signed under oath, may issue a warrant for the arrest of the person so charged with an offense committed or triable in the county, directed to the sheriff of any county or his deputy or to any consta…

If such warrant is issued by a district or municipal court, or by a justice within the town in which a district or municipal court is established, for any offense committed in such town or district, it shall be made returnable before the district or municipal court, and not elsew…

I. (a) In any county that has implemented or which will implement the felonies first project established in this chapter within one year of commencing operation of a drug court or alternative drug offender program, the judicial branch shall fund and operate an approved drug court…

Any justice of the superior court may order that the likeness or photograph of any person accused or convicted of a crime be taken and used for the purposes of identification, or otherwise, whenever he shall deem it necessary or proper to do so, and the reasonable expenses thereo…

Any officer or keeper of a prison or other place of detention, having in custody any prisoner, suspicious person or lodger, may, if deemed advisable, measure and describe, or cause such person to be measured and described, in accordance with the system commonly known as the Berti…

The county attorney may order an officer or keeper holding a person described in RSA 593:2 to make such measurements and description of any prisoner so held, and, when so ordered, the expense thereof shall be paid by the county.

As used in this chapter: I. "Arrest" is the taking of a person into custody in order that he may be forthcoming to answer for the commission of a crime. II. "Felony" is any crime that may be punished by death or imprisonment in the state prison. Other crimes are "misdemeanors." I…

I. Bailiffs and supreme court security officers responsible for court security shall have the powers of arrest provided in this chapter when performing their duties relating to court security. II. The sheriff, through the sheriff's deputies and bailiffs, shall be responsible for …

I. An arrest by a peace officer without a warrant on a charge of a misdemeanor or a violation is lawful whenever: (a) The peace officer has probable cause to believe that the person to be arrested has committed a misdemeanor or violation in the peace officer's presence; or (b) Th…

A peace officer making an arrest on complaints for felony, misdemeanor, or violation charges arising from the same facts or circumstances shall within 24 hours, excluding weekends and holidays or before a plea is accepted or entered in court, give notice in writing of all charges…

Any justice of any court, upon view of a breach of the peace or other transgression of the law proper for his cognizance, or if necessary for the preservation of the peace, may command any officer or other person to arrest, bring before him, and detain the offender, until complai…

Every officer or person, upon receipt of a command pursuant to RSA 594:11, may arrest and detain the offender. If the officer or person shall not obey such command, he shall be subject to the same penalty as for disobeying an officer.

If a lawful cause of arrest exists, the arrest will be lawful even though the officer charged the wrong offense or gave a reason that did not justify the arrest.

I. In any case in which a peace officer has probable cause to believe that a person has committed a misdemeanor or violation, the officer may issue to the person in hand a written summons in lieu of arrest. This shall not apply if the peace officer has probable cause to believe t…

I. For the purposes of this section, an "arrest record" means a record created by law enforcement personnel to document the arrest of an individual 18 years of age or older. Arrest records are "governmental records" as defined in RSA 91-A and subject to disclosure in accordance w…

The officer in charge of a police station to which an arrested person is brought shall immediately secure from the prisoner, if possible, the name of the parent, nearest relative, friend or attorney with whom the prisoner may desire to consult, and shall immediately notify such r…

I. The officer in charge of a police station shall permit the prisoner to confer with his attorney at all reasonable times. II. Such officer shall establish regular visiting hours during which the prisoner shall be allowed to confer with relatives and friends.

A person who violates the requirements of this subdivision is guilty of a misdemeanor.

When a peace officer makes an arrest without a warrant, either he or his superior officer may release the person arrested instead of taking him before a district or municipal court if satisfied either that there is no ground for making a criminal complaint against such person or …

I. Every officer making an arrest or holding a person in custody under a warrant shall take the accused to the court as directed in the warrant without unreasonable delay. II. An officer arresting a person without a warrant shall without unreasonable delay take such person to the…

A peace officer may stop any person whom the officer has reason to suspect is committing, has committed, or is about to commit a crime. An officer may request the person's name and address, but the officer shall not arrest the person based solely on the person's refusal to provid…

I. When a person is arrested with or without a warrant, he or she may be committed to a county correctional facility, to a police station or other place provided for the detention of offenders, or otherwise detained in custody. The person shall be taken to appear before a circuit…

The request of the officer making the arrest shall be sufficient authority if accompanied by an arrest report, uniform report of crime form, or other substantiating documentation, for the superintendent of the county department of corrections, for the police station, or for any o…

I. In this section, "a certified border patrol agent" means a person who: (a) Is employed as a border patrol agent by the United States Department of Homeland Security, Customs and Border Protection; (b) Has satisfactorily completed a course of study in New Hampshire laws and cri…

A peace officer may search for a dangerous weapon any person whom he is questioning or about to question as provided in RSA 594:2 whenever he reasonably believes that he might be in danger if such person possessed a dangerous weapon. If the officer finds a weapon, he may take and…

I. No unnecessary or unreasonable force or means of restraint may be used in detaining or arresting any person. II. A peace officer is justified in using deadly force to effect an arrest as provided in RSA 627:5, II.

If a person has reasonable ground to believe that he is being arrested and that the arrest is being made by a peace officer, it is his duty to submit to arrest and refrain from using force or any weapon in resisting it, regardless of whether there is a legal basis for the arrest.

Every law enforcement officer who encounters a need for assistance in the execution of his office in a criminal case or emergency situation may require any person to render suitable aid. Any person who, when so required, neglects or refuses to give such aid shall be guilty of a v…

An officer to whom a warrant for the arrest of an offender may be addressed has power to make the arrest at any time and in any place, and shall have, in any county, the same powers in relation to the process as an officer of that county.