Facing a criminal charge in New Hampshire

Bond and pretrial release in New Hampshire

Part I Article 33 of the New Hampshire Constitution bars excessive bail. RSA 597:1-d through 597:6-e govern bail. RSA 597:2 directs the court to release the defendant on personal recognizance or unsecured appearance bond unless that will not reasonably assure appearance, with secured bond available only if necessary. Senate Bill 200 (2018) substantially amended RSA 597 to prohibit cash bail solely to detain a defendant who cannot afford it, requiring instead a finding of dangerousness or flight risk before pretrial detention. RSA 597:6-c provides for prompt judicial review of conditions. Bail commissioners may set bail post-arrest under RSA 597:18-b, with judicial review available.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving New Hampshire

Our directory is still building in New Hampshire. Public-defender intake is available now.

Record clearing in New Hampshire

New Hampshire annulment of criminal records is governed by RSA 651:5. The statute provides a petition-based pathway through the sentencing court that, when granted, annuls the underlying arrest, conviction, and sentence record. The statute provides an annulment waiting period that varies by offense class, ranging from one year for violations to ten years for certain felonies measured from completion of sentence. Murder, certain sex offenses, and offenses for which a person was sentenced to an extended term of imprisonment are excluded. The petition is filed in the court of conviction.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in New Hampshire

New Hampshire Public Defender serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.