Understanding the Court Process
What is an Arraignment?
An arraignment is typically your first court appearance where you are formally advised of the charges against you and asked to enter a plea of guilty, not guilty, or (if permitted by the court) a NOLO plea. A NOLO plea in New Hampshire is the equivalent of a guilty plea in the criminal context, however it does provide you some minor protection if you anticipate being sued for the conduct that led to your arrest. You will have a record of conviction if you enter a guilty, NOLO or no contest plea.
In district court, an Attorney can often waive this hearing on your behalf, enter a 'not guilty' plea, and a trial date is set. Unfortunately, some district courts have created local rules requiring your presence at these preliminary hearings to potentially readdress the issue of bail. It is highly recommended you hire a lawyer before your arraignment so you understand what the charges mean and the various consequences of pleading guilty or not guilty.
The Prosecutor and Judge are unlikely to explain all the various "collateral consequences" of pleading guilty, nor will they understand your specific case or personal circumstances. These could include anything from how your plea might impact your employment, to your ability to coach your child's soccer team. Consulting with a lawyer before your arraignment will allow you to fully understand your options, even if you decide not to hire a lawyer for the case itself.
When charged with a felony, you will be required to enter a not guilty plea at the district court level as the district court does not have the authority to resolve a felony level offense. Another hearing date will be scheduled for a probable cause hearing, and assuming the State can establish probable cause for your arrest, the case will be sent to superior court where you will be "indicted," or formally charged with a felony offense in the court that has the jurisdiction to resolve the case. A "felonies first" project where felony charges go directly to the Superior Court has been abandoned, so felonies typically have a preliminary hearing in District Court. At times the Government can seek a direct indictment and skip the district court process entirely. If you are charged with a felony, it is essential that you obtain legal counsel quickly. If you have been charged and have not yet spoken with an attorney, give us a call or reach out via our contact page.
At each step of this process the involvement of an attorney with knowledge of the local rules and court culture is critical in seeking a prompt and just resolution of your case. Going to court alone is almost always a very bad idea
In district court, an Attorney can often waive this hearing on your behalf, enter a 'not guilty' plea, and a trial date is set. Unfortunately, some district courts have created local rules requiring your presence at these preliminary hearings to potentially readdress the issue of bail. It is highly recommended you hire a lawyer before your arraignment so you understand what the charges mean and the various consequences of pleading guilty or not guilty.
The Prosecutor and Judge are unlikely to explain all the various "collateral consequences" of pleading guilty, nor will they understand your specific case or personal circumstances. These could include anything from how your plea might impact your employment, to your ability to coach your child's soccer team. Consulting with a lawyer before your arraignment will allow you to fully understand your options, even if you decide not to hire a lawyer for the case itself.
When charged with a felony, you will be required to enter a not guilty plea at the district court level as the district court does not have the authority to resolve a felony level offense. Another hearing date will be scheduled for a probable cause hearing, and assuming the State can establish probable cause for your arrest, the case will be sent to superior court where you will be "indicted," or formally charged with a felony offense in the court that has the jurisdiction to resolve the case. A "felonies first" project where felony charges go directly to the Superior Court has been abandoned, so felonies typically have a preliminary hearing in District Court. At times the Government can seek a direct indictment and skip the district court process entirely. If you are charged with a felony, it is essential that you obtain legal counsel quickly. If you have been charged and have not yet spoken with an attorney, give us a call or reach out via our contact page.
At each step of this process the involvement of an attorney with knowledge of the local rules and court culture is critical in seeking a prompt and just resolution of your case. Going to court alone is almost always a very bad idea
What is a trial?
A trial is when your case is scheduled to have the facts presented to and decided by either a judge or in the case of a class "A" misdemeanor or felony level offense, a jury. The judge or jury determines what facts have been proven beyond a reasonable doubt in a criminal case, by a probability in a civil case, and they are then instructed on what laws apply to your case. By applying the law to the facts a verdict is reached.
If your case goes to trial, several stages are involved. If a jury is required, your attorney will participate in the selection process. Once the trial begins, both sides will present opening statements, call witnesses, cross-examine them, and make legal arguments. After all the evidence is presented, the judge or jury will decide if there is enough evidence to convict you. If not, you may be acquitted and the case dismissed. Otherwise, a conviction leads to sentencing, with possible options for appeal. This process can take 4-6 months in district court, and likely 6-12 months in Superior court. Generally, you will need to appear in court for each step with your attorney. It is entirely up to you if you want to testify or not. The only time you are required to say anything is if you are pleading guilty and the court will review the acknowledgement and waiver of rights form you will sign to make sure you are aware of the process and the court knows it is a knowing and intelligent plea. You can find a copy of this form on the "Resources" page.
In New Hampshire, a jury sitting on a criminal case must reach a unanimous verdict in their vote for conviction or acquittal. This means that all members of the jury must agree whether they believe you are guilty or not guilty of the crime you have been charged with, based on which facts have been proven.
The lawyer you work with can have a major influence on if your case goes to trial, or if it is resolved before a trial is necessary. Trials are often long and cumbersome, so if the prosecution believes your lawyer will try to avoid going to trial they may be unwilling to give you a reasonable offer to resolve your case, or to dismiss it entirely. Therefore, it is imperative that your lawyer is experienced in the trial process and is well known as an attorney who is not afraid to take your case to trial.
If your case goes to trial, several stages are involved. If a jury is required, your attorney will participate in the selection process. Once the trial begins, both sides will present opening statements, call witnesses, cross-examine them, and make legal arguments. After all the evidence is presented, the judge or jury will decide if there is enough evidence to convict you. If not, you may be acquitted and the case dismissed. Otherwise, a conviction leads to sentencing, with possible options for appeal. This process can take 4-6 months in district court, and likely 6-12 months in Superior court. Generally, you will need to appear in court for each step with your attorney. It is entirely up to you if you want to testify or not. The only time you are required to say anything is if you are pleading guilty and the court will review the acknowledgement and waiver of rights form you will sign to make sure you are aware of the process and the court knows it is a knowing and intelligent plea. You can find a copy of this form on the "Resources" page.
In New Hampshire, a jury sitting on a criminal case must reach a unanimous verdict in their vote for conviction or acquittal. This means that all members of the jury must agree whether they believe you are guilty or not guilty of the crime you have been charged with, based on which facts have been proven.
The lawyer you work with can have a major influence on if your case goes to trial, or if it is resolved before a trial is necessary. Trials are often long and cumbersome, so if the prosecution believes your lawyer will try to avoid going to trial they may be unwilling to give you a reasonable offer to resolve your case, or to dismiss it entirely. Therefore, it is imperative that your lawyer is experienced in the trial process and is well known as an attorney who is not afraid to take your case to trial.
Andrew Cotrupi, 428 Lafayette Rd., Suite 102, Hampton, NH 03842 Phone: (603) 926-5818 Fax: (603) 758- 6376