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, 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 typically waive this hearing on you behalf and have a not guilty plea entered 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 not going to explain all the various "collateral consequences" of pleading guilty to anything, nor are they going to understand your particular circumstances. Do you have a CDL or pilots license, do you work with children, do you have security clearance, are you a realtor, teacher or have any specialized license? Can you coach youth soccer with a criminal record etc. Simply put, knowledge is power. It may be quicker/easier to pled guilty at an arraignment, it is seldom wise and a consultation with a competent lawyer a minor investment, 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 "bound over" and 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, get a lawyer quickly. It does not need to be this office, but it is extremely unwise to take a "wait and see" approach with a felony charge. 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.
Andrew Cotrupi, Esquire, 428 Lafayette Rd., Suite 102, Hampton, NH 03842 Phone: (603) 926-5818 Fax: (603) 758- 6376