If you or someone you love is facing criminal charges in New Hampshire, the court process runs through two distinct courts, and every felony must pass through a grand jury before it can be tried. I have been through the system myself, and most of the fear comes from not knowing what each step is for. So let me walk you through the New Hampshire criminal court process one stage at a time, in plain language. None of this is legal advice, and every case and county is different, so treat it as a map and lean on a lawyer for the turns.
Start with how New Hampshire organizes its courts. The Circuit Court, which handles criminal matters through its District Division, is where all cases begin. The District Division handles violations, misdemeanors, and the preliminary stages of felony cases. Superior Court is where felony jury trials happen, and a case arrives there only after a grand jury issues an indictment. Above the trial courts, New Hampshire has no intermediate appellate court. Felony convictions appeal directly to the New Hampshire Supreme Court, the state's highest and only appellate court for criminal matters.
Step one: arrest and the initial appearance
It begins with arrest and booking, where the charges are recorded, fingerprints and a photo are taken, and the jail runs its checks. The State of New Hampshire, represented by the county attorney or the Attorney General, brings the case. The accused is the defendant, and the defense attorney represents them. After arrest, the defendant must be arraigned within 24 hours. Depending on whether the defendant has been released on bail by a bail commissioner, the first appearance may happen in district division court or before a superior court judge. At the arraignment, a plea of not guilty is entered, counsel is appointed if the defendant cannot afford one, and a date is set for the probable cause hearing if the charge is a felony.
Step two: the probable cause hearing
For felony charges, the District Division holds a probable cause hearing. At this hearing, the county attorney presents evidence to show reasonable grounds to believe that a crime has been committed and that the defendant committed it. The defense has the right to cross-examine witnesses and to present evidence that probable cause does not exist. The probable cause hearing is an early opportunity for the defense to test the strength of the State's evidence and to begin building a record for later in the case.
If the judge finds probable cause, the defendant is held over and the case moves toward the grand jury. If probable cause is not found, the defendant may be released from custody, though the State can still present the case to the grand jury and seek an indictment regardless of the probable cause hearing outcome. The probable cause hearing is specifically about whether the defendant should remain in custody while awaiting grand jury action, not a final determination of the charges. For families whose loved one is in jail, the probable cause hearing is the key procedural moment that determines whether they stay locked up or go home until the grand jury acts, and having a defense lawyer who argues forcefully at that hearing can make an immediate difference in someone's daily life.
Step three: the grand jury indictment
Before any felony can proceed to trial in Superior Court, a grand jury must issue an indictment. This is not a formality in New Hampshire; it is a constitutional requirement. The county attorney or Attorney General presents the case to the county grand jury. The grand jury proceedings are closed. The defendant and the defense attorney do not attend and cannot present evidence. The grand jury hears evidence from the prosecution and decides whether there is probable cause to formally charge the defendant with a felony. If the grand jury issues a true bill of indictment, the case moves to Superior Court. If the grand jury returns a no-bill, the case does not proceed in Superior Court, though the State generally cannot try a second time if a grand jury has declined to indict.
Step four: arraignment in Superior Court
After the grand jury indictment, the defendant is arraigned in Superior Court. The court formally reads the charges in the indictment and the defendant enters a plea. Most defendants plead not guilty at this stage, which is the normal, expected move that preserves every right and forces the State to prove its case. The court sets the schedule for the case, and both sides begin preparing for trial.
Step five: pretrial, discovery, and motions
After the Superior Court arraignment the case enters the pretrial phase, where most New Hampshire felony cases are resolved without going to trial. Both sides exchange evidence through discovery. The defense can file pretrial motions, including a motion to suppress evidence obtained through an unlawful search. A successful suppression motion can gut the State's case. Courts hold pretrial hearings and conferences to resolve issues and set the trial timeline. Plea negotiations happen throughout this phase. Whether to accept a plea is entirely the defendant's decision. A good lawyer lays out the real risks and the real options so the defendant can choose with clear eyes. There is no shame in choosing to fight or in choosing a resolution that protects your future, as long as the choice is informed.
Step six: trial in Superior Court
If the case does not resolve, it goes to trial in Superior Court. A felony defendant has the right to a jury of twelve. Trial moves through jury selection, then opening statements, the State's case, the defense case, closing arguments, and the verdict. Throughout, the burden stays on the State to prove guilt beyond a reasonable doubt. The defendant does not have to prove innocence and does not have to testify.
Step seven: sentencing under New Hampshire's felony classes
If there is a guilty verdict or plea, the case moves to sentencing. A convicted felon may be sentenced to state prison in addition to fines, probation, community service, or other conditions. New Hampshire organizes non-murder felonies into two classes.
Class A felonies carry a maximum of 15 years in state prison. They include violent crimes, serious drug offenses, and property crimes involving larger amounts. Class B felonies carry a maximum of 7 years. They include less serious but still significant crimes. For both classes, when the judge imposes a prison sentence, the court sets the maximum term and a minimum term. The minimum term cannot exceed half the maximum, which means a defendant sentenced to a 10-year maximum can receive no more than a 5-year minimum. The gap between minimum and maximum defines the window in which the parole board and corrections officials can consider release. Murder cases are handled separately: second-degree murder carries up to life imprisonment, and first-degree murder is sentenced under its own statute. A firearm enhancement can also raise the maximum to 20 years when the deadly weapon used was a firearm.
Before sentencing, the court may order a presentence investigation, and the victim or victim's family has the right to submit written victim impact statements and to address the court orally. The judge weighs all of this alongside the facts of the case, the defendant's history, and the arguments of both sides.
Step eight: appeals to the New Hampshire Supreme Court
A conviction in Superior Court is not always the end of the road. New Hampshire has no intermediate appellate court for felony cases. Felony convictions appeal directly to the New Hampshire Supreme Court. There is also a distinctive option for misdemeanor convictions in district court: a defendant convicted of a Class A misdemeanor in the District Division may appeal to the Superior Court for a de novo jury trial, a completely fresh proceeding before a jury rather than just a review of the written record. This means a defendant who received a bench verdict in district court can ask for a jury to hear the case from scratch in Superior Court, which is a meaningful second bite at the apple for cases on the line between conviction and acquittal. From the New Hampshire Supreme Court there is no further state appeal, though federal constitutional claims may be raised in federal court. Deadlines run quickly after sentencing, so anyone considering an appeal needs to tell their lawyer right away.
A cursory look at the federal court process in New Hampshire
Everything above describes the New Hampshire state court system, which handles the overwhelming majority of criminal cases. Some cases, though, are charged as federal crimes and move through an entirely separate system worth understanding in outline.
The entire state forms a single federal trial district, the United States District Court for the District of New Hampshire. The main courthouse is the Warren B. Rudman United States Courthouse in Concord, the state capital, with additional court sessions held in Littleton. The court is one of the original district courts established under the Judiciary Act of 1789. A federal case in New Hampshire is prosecuted by the United States Attorney's Office for the District of New Hampshire, not by a county attorney, and it is heard by federal judges in those courthouses.
The federal sequence covers the same broad ground you read about above but with its own rules and players. After a federal arrest, the defendant has an initial appearance before a United States magistrate judge, with detention or release decided under the federal Bail Reform Act rather than New Hampshire's bail rules. There is no District Division probable cause hearing in the federal system. Felony charges are brought by indictment from a federal grand jury, as in the New Hampshire state system, though the federal grand jury is a distinct proceeding. The case proceeds through arraignment, discovery and motions, and either a plea or a trial in United States District Court. Federal sentences are calculated under the United States Sentencing Guidelines, which structure sentencing more rigidly than New Hampshire's two-class framework with its wide judicial discretion; federal sentences often carry mandatory minimums, are served in federal prison, and there is no parole in the federal system.
If a federal case in New Hampshire ends in conviction and is appealed, it does not go to the New Hampshire Supreme Court. It goes to the United States Court of Appeals for the First Circuit, based in Boston, which also covers Maine, Massachusetts, Rhode Island, and Puerto Rico. From there the only further step is the United States Supreme Court. Because federal practice is its own world, anyone facing a federal charge in New Hampshire should make sure their lawyer has real federal court experience.
Where this leaves you
The New Hampshire court process is long, and the two-court structure, with the probable cause hearing in the District Division and the felony trial in Superior Court, is one of the things that confuses families most. But each stage has a purpose, and knowing the sequence, arraignment, probable cause hearing, grand jury, Superior Court arraignment, pretrial, plea or trial, sentencing, and appeal, lets you see where your person is instead of feeling lost in it. Get a lawyer involved as early as you can, keep one page with the charges, the court, the next date, and your attorney's contact information, and stay close to your loved one through it. The system is built to make people feel alone. Knowing the map is how you push back against that.
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