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Prosecution
Unit
Frequently Asked Questions |
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- Who do I contact if I have been charged with an offense by State Police?
Contact Us
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- What types of offenses do the District Courts preside over?
Misdemeanors:
Misdemeanors - are divided into classes. Class A misdemeanors carry a possible jail sentence of less than one year and a fine of $2,000 or less. Class B misdemeanors have no jail time but carry a fine of $1,200 or less.
Violations:
Offenses against city ordinances or most motor vehicle rules are called violations, not crimes. You can still be arrested, and fined $1,000 or less. DWIs are either class B or class A misdemeanors.
Probable Cause hearings:
District Courts also hold probable cause hearings in felony cases, but do not hear these trials. A person arrested for a felony can be bound over to the Superior Court if a District Court judge finds probable cause. An accused person who has been bound over is then held in jail for a felony charge, or released on bail, until the Superior Court grand jury can meet to decide whether to issue an indictment.
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- Can I negotiate a case with the Prosecutor?
Whenever a defendant in a criminal case pleads guilty to a criminal charge, or is found guilty, the judge must sentence the defendant within the limits described above, according to the category of the offense. The judge may also sentence the defendant to probation, counseling and/or may order the defendant to pay restitution.
Many criminal cases are resolved by the courts through plea agreements between the prosecution and the defendant. Under a plea agreement, the prosecution agrees to recommend a certain sentence to the judge in return for the defendant’s plea of guilty or nolo contendere. The plea agreement is then presented to a judge who decides whether or not to accept it. If the judge accepts the plea agreement, the defendant is sentenced to the agreed upon sentence. If the judge rejects the plea agreement, the defendant has the right to proceed to a trial. A plea of guilty or nolo contendere made by way of a plea agreement results in a conviction, just as if the defendant went to trial and was found guilty.
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- How do I negotiate a case?
If you have been charged by State Police with a violation level offense, and you have entered a plea of not guilty and requested a trial, you can contact the State Police Directly for the purpose of negotiating a settlement of your charge(s). Please call 603 223-8999 during the hours of 8:00 am - 5 pm, Monday through Friday. The telephone menu will direct you to the correct prosecutor. In order to assure more certainty over trial scheduling, all negotiations on violations must be completed at least 10 business days prior to your scheduled trial. After that point, State Police will no longer negotiate a settlement with you.
For State Police misdemeanor level offenses, the Prosecution Unit provides primary and secondary court coverage throughout the state.
If your case is filed in a primary court please address your criminal court pleadings and correspondence to the appropriate attorney, and not to the arresting law enforcement officer. The officers will continue to handle the ALS hearings.
The following are the primary courts along with contract information:
- Portsmouth; Exeter; and Auburn District Courts: Attorney Dubay, Prosecution Unit, 315 Calef Highway, Route 125, Epping, NH 03042 (603) 679-3399
- Dover; Hampton; and the Rochester District Courts: Attorney Reed, Prosecution Unit, 315 Calef Highway, Route 125, Epping, NH (603) 679-3399.
- Manchester, Hooksett and Franklin District Courts: Attorney Klingler, Prosecution Unit, 33 Hazen Drive, Concord, New Hampshire 03305. (603) 271-8421.
- Salem, Derry and Nashua District Courts: Attorney Karnis, Prosecution Unit, 4 Meadowbrook Road, Milford, NH 03055 NH (603) 672-3333.
- Concord and Merrimack District Courts: Attorney O’Brien, Prosecution Unit, 33 Hazen Drive, Concord, New Hampshire 03305. (603) 271-8421.
In secondary courts, law enforcement officers are primarily responsible for prosecuting their own cases. For cases filed in these courts, counsel should contact the arresting officer. However, the Prosecution Unit may file an appearance and represent the State on occasion. In these cases, contact the prosecutor of record, which is typically Attorney Robert Gainor.
For misdemeanor or violation level offenses with other Department of Safety law enforcement agencies, contact that agency directly.
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- How does a Criminal Case Move Through the District Court
Arrest
The defendant is either arrested or given a summons to appear at court. The police then file a complaint in District Court.
Arraignment
The defendant is brought before a District Court judge and the defendant usually enters a plea of not guilty at his arraignment and bail is set. He may, however, plead guilty if the judge is satisfied that the defendant is aware of his rights and is voluntarily waiving them by entering a plea of guilty.
Trial by judge
A defendant is presumed innocent until proven guilty. He will be tried in the District Court by a judge. If a defendant is found guilty by a judge on a class A misdemeanor, he has a right for a de novo trial in the Superior Court. There, his case will be tried in front of a jury.
Sentencing
If the defendant is found guilty, the state will make a recommendation, as does the defendant or his counsel, and the court will enter a sentence.
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