A criminal case is a court action made by the state against a person who has been charged with committing a crime, such as violations of a protective order or sexual assault. If there is enough evidence, the state may prosecute the case. This is done at no cost to the victim. If the court finds the defendant guilty, a punishment (or sentence) will be issued. The sentence depends upon the defendant's criminal record as well as the severity of injuries to the victim. Sentences do not always include jail time, but a criminal action is part of the defendant's criminal record.
New Hampshire also has a hate crime law (RSA 651:6), which may enhance or upgrade a sentence if the court finds that the defendant was motivated to commit the crime because of hostility toward the victim's religion, race, religion, sexual orientation, national origin or sex.
If you are an immigrant, you are entitled to the same legal rights as U.S. citizens in criminal proceedings. Further, if you are not married to a U.S. citizen or legal permanent resident, but you have been a victim of a crime and you assist in the prosecution, you may be able to apply for a U Visa. However, it is highly recommended that you consult with an immigration expert before submitting a U Visa application. For immigration advice, contact the INTERNATIONAL INSTITUTE OF NEW HAMPSHIRE at 603-647-1500 (See RESOURCE DIRECTORY for more information).
IF YOU ARE A VICTIM OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING, PLEASE SEE CHAPTER 5 OF THE HANDBOOK FOR INFORMATION ON HOW THESE CASES PROCEED THROUGH THE COURTS.
Crimes are classified as either misdemeanors (crimes punishable by one year or less in jail or fines under $2,000.00) or felonies (crimes punishable by more than one year in jail or fines higher than $2,000.00). A member of the police force or a lawyer representing the city or town prosecutes misdemeanor cases in DISTRICT COURT. The County Attorney in SUPERIOR COURT prosecutes felony cases before a jury after a preliminary DISTRICT COURT and probable cause hearing.
VICTIM SUPPORT IN THE CRIMINAL JUSTICE SYSTEM
Anyone can be a victim of a crime - adult women and men, teenagers, children, people who are mentally and physically disabled, and the elderly, regardless of race, nation of origin, sexual orientation or economic status. Resources may be available if you are the victim of a crime in New Hampshire.
NEW HAMPSHIRE CRIME VICTIMS' RIGHTS
A victim of a felony crime in New Hampshire, including some forms of sexual assault, is entitled to the certain rights under the NEW HAMPSHIRE CRIME VICTIM'S BILL OF RIGHTS (RSA 21-M:8-K).
According to state law, victims have the right to:
Be treated with fairness and with respect for their dignity and privacy throughout the criminal justice process;
Be informed about the criminal justice process and its progress;
Be free from intimidation and be reasonably protected from the accused throughout the criminal justice process;
Be notified of all court proceedings;
Attend all trials and other court proceedings the accused has the right to attend;
Confer with the prosecution and be consulted about the disposition of the case, including plea bargaining;
Have inconveniences associated with participation in the criminal justice process minimized;
Be notified if presence in court is not required;
Be informed about available resources, financial assistance, and social services;
To be restituted under RSA 651:62-67 or any other applicable state law, or victim's compensation, under RSA 21-M:8-h or any other applicable state law, for losses;
Be provided with a secure, but not necessarily separate, waiting area during court proceedings;
Be advised of the progress of the case and the final disposition;
Have home address, place of employment, and other personal information kept confidential;
Have property promptly returned once it is no longer needed as evidence;
Have input in the probation pre-sentence report;
Appear and make a written or oral victim impact statement at the sentence hearing of the defendant;
Be notified of the date and time of an appeal, have the appeal process clearly explained, attend the appeal hearing, and be told the result of the appeal;
Be notified of and allowed to attend sentence review hearings and sentence reduction hearings;
Be notified of any change of status such as prison release, transfer from one area of the state to another, or escape and the date of the parole board hearing. This right must be requested in writing by the victim or through a victim/witness advocate; and
Address or submit a written statement for consideration by the parole board on the defendant's release and to be notified of the decision of the board. This right must be requested in writing by the victim or through a victim/witness advocate.
VICTIM/WITNESS ADVOCATES
If your case goes to the County Attorney's office for prosecution, a Victim/Witness Advocate will be assigned to you. Victim/Witness Advocates work as part of the prosecutor's office to assist victims in securing their rights under the NEW HAMPSHIRE CRIME VICTIM'S BILL OF RIGHTS.
NEW HAMPSHIRE VICTIM/WITNESS ASSISTANCE PROGRAMS
Belknap County Victim/Witness
Belknap County Superior Courthouse
64 Court Street
Laconia, NH 03246
(603) 527-5440
Carroll County Victim/Witness
P.O. Box 218
Ossipee, NH 03864
(603) 539-7769
Cheshire County Victim/Witness
P.O. Box 612
Keene, NH 03431
(603) 352-0056
Coos County Victim/Witness
55 School Street, Suite 102
Lancaster, NH 03584
(603) 788-3812
Grafton County Victim/Witness
3801 Dartmouth College Highway
North Haverhill, NH 03774
(603) 787-2193
Hillsborough County Victim/Witness
Northern District
300 Chestnut Street
Manchester, NH 03101
(603) 627-5605
Hillsborough County Victim/Witness
Southern District
30 Spring Street
Nashua, NH 03060
(603) 594-3256
Sullivan County Attorney's Office
14 Main Street
Newport, NH 03773
(603) 863-8345
U.S. Attorney's Office Victim/Witness Program
District of New Hampshire
55 Pleasant St., Suite 352
Concord, NH 03301
(603) 225-1552
NEW HAMPSHIRE VICTIMS' COMPENSATION PROGRAM
Victims and survivors of a violent crime in New Hampshire may apply for compensation from the NEW HAMPSHIRE VICTIMS' ASSISTANCE COMMISSION. Victims may request up to $10,000.00 in compensation for hospital and medical expenses, funeral expenses, loss of wages or other out-of-pocket expenses. Victims also may be eligible for up to $3,000.00 in mental health therapy costs. In order to qualify, the victim must have no other form of third party payment (for example, life insurance or medical insurance). Property losses are not covered.
You may be eligible for compensation if:
The crime resulted in personal injury or death;
You or your loved ones did not contribute in any way to the personal injury or death;
Your compensable expenses are more than $100;
The crime was reported to law enforcement within five (5) days of the incident (except in special circumstances); and
A claim for compensation was filed within one (1) year of the crime, unless circumstances beyond your control kept you from doing so.
For more information or to request an application, contact the NEW HAMPSHIRE VICTIM'S ASSISTANCE COMMISSION at the DEPARTMENT OF JUSTICE at 800-300-4500 or 603-271-1284.
The program also will cover up to ten (10) days of imminent survival needs and relocation expenses for individuals fleeing sexual or domestic violence. These payments MUST be arranged through a local crisis center. See the inside back cover of this Handbook for the crisis center in your area.
YOUR RIGHTS AND LAW ENFORCEMENT OFFICERS
If you are accused of a crime, arrested, or asked to go to the police station by a police officer, remember the four (4) rules outlined below.
Do not resist arrest, even if you think you have done nothing wrong. Resisting arrest is against the law and may lead to additional charges against you. Never run from an officer or other government agent. Even if you feel your legal rights are being denied, do not cause a confrontation that could be understood as resisting arrest.
By law, the police may detain you without arresting you. For example, the police may stop you on the street to question you if they have reasonable suspicion of a crime. While you are being detained, the police are entitled to pat down the outside of your clothes, or "frisk" you. If the police search you further, do not resist. At this point, the officer may let you go or may put you under arrest. An arrest occurs when the officer takes you into custody or otherwise deprives you of your freedom. Never resist arrest or interfere with the arrest of another person.
You do not have to answer any questions, except to give your name and address. You do not have to make or sign any statements. The fact that you refuse to answer questions cannot be used against you in court. Only a judge has the legal authority to order you to answer any questions.
You have the right to a lawyer. Request a lawyer immediately after being placed under arrest. Once you ask for a lawyer, the police cannot ask you any further questions until your legal counsel arrives. If you cannot afford a lawyer, the court will appoint one to represent you. You have the right to make a phone call. You also have the right to privacy during this phone call. If you do not have the phone number of a lawyer, call a person you can trust to find you a lawyer. (See the RESOURCE DIRECTORY for information on legal services in New Hampshire).
You do not have to consent to a search of your home or car. A warrant is an order issued by a judge, magistrate or justice of the peace directing the police to arrest a certain individual or to search a particular place. If a police officer wants to search your home, ask to see the search warrant. Read the warrant to be sure that the police are at the correct address.
A police officer may search you, your home, or your property without a warrant if you consent to the search. You have the right to refuse to consent, but the officer is not obligated to inform you of this right.
If you are arrested in your car, the officer may conduct, under certain circumstances, a limited search of your car without a search warrant. If you have not been arrested and an officer wants to search your car, tell the officer if you do not consent to the search.
It is important to know that a person in your house, such as a guest, can legally consent to a search of your house if the police believe that person has the authority to give consent. Also, an employer can consent to a search of your office without your permission.
If the officer has a search warrant, do not try to physically interfere with the search because you likely will get arrested. If you tell the officer that you do not consent to a search, the search will be limited to only those specific areas authorized in the warrant.
Documented and undocumented immigrants have many of the same legal rights as U.S. citizens. Follow the four (4) rules above if you are arrested or otherwise detained by a government agent. You have the right not to answer questions asked by a police officer or government agent on the street, in your home, at your place of employment, or in a police station. If the police ask about your immigration status or where you were born, you have the right not to answer. You have the right to legal representation while being questioned by and before making any statements to the police. You do not have to sign any documents without having a lawyer present.
If you do not speak English, you have the right to an interpreter so that you fully understand the police officer and that the police officer fully understands you. Do not rely on a member of your family to interpret for you. It is the responsibility of the law enforcement agent to provide an interpreter for you.
WHAT ARE MIRANDA RIGHTS?
Once you are under arrest, or in the presence of the police and not free to leave, the police must tell you about your Miranda rights before they can question you further. These rights are:
The right to remain silent;
The warning that anything you say will be used against you in court;
The right to have an attorney; and,
The right to have an attorney present before any questioning.
If police fail to follow the Miranda requirements, any information you give them may be inadmissible in court. However, failure to give Miranda warnings does not automatically make your arrest illegal or require that the charges against you be dismissed. Therefore, it is best to talk to an attorney before making any statements to law enforcement officials.
For more information, contact the NEW HAMPSHIRE BAR ASSOCIATION at 603-224-6942 to request the pamphlet, "You Are Under Arrest: Do You Know Your Rights?"
POLICE MISCONDUCT
Whenever a law enforcement officer stops you, you first should make sure the individual is an official agent by requesting to see a badge or identification card. Write down the officer's name and badge number.
Law enforcement officials may not discriminate because of national origin, race, color, religion, or sex. The EQUAL PROTECTION CLAUSE of the United States Constitution, the OMNIBUS CRIME CONTROL AND SAFE STREETS ACT of 1968, and Title VI of the CIVIL RIGHTS ACT OF 1964 specifically prohibit such action by any police department receiving federal funds through the U.S. DEPARTMENT OF JUSTICE.
If you are injured by a police officer, see a doctor and get photographs of the injuries as soon as possible. Record, document and describe any case of police misconduct in a typewritten statement and have your summary of the incident notarized within seventy-two (72) hours.
Police misconduct complaints can be filed through several avenues in the OFFICE FOR CIVIL RIGHTS, U.S. DEPARTMENT OF JUSTICE:
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