(a)Arrest on a Charge Originating in Superior Court. Any person who is arrested on a warrant issued pursuant to an indictment or complaint and who is not released on bail set by a bail commissioner shall be taken before the superior court without unnecessary delay Such persons shall be taken before the superior court no later than 24 hours after the arrest, Saturdays, Sundays and holidays excepted, or no later than 36 hours after arrest if arrested between 8:00 a.m. and 1:00 p.m. and the person’s attorney is unable to attend an arraignment on the same day, Saturdays, Sundays, and holidays excepted. Such persons shall be entitled to a bail hearing at that time. If the person is released prior to being taken before the superior court, the person shall be directed to appear no more than twenty days after arrest, in superior court for arraignment at a stated time and date. (b)Gerstein Determination. If the defendant was arrested without a warrant and is held in custody, or if the defendant was arrested pursuant to a warrant that was not issued by a judge and is held in custody, the court shall require the state to demonstrate, by affidavit, probable cause for arrest. This determination must be made within forty-eight hours of the defendant’s arrest Saturday, Sunday and holidays excepted.
(1) The court shall make a written finding on the issue of probable cause. The written finding and affidavit shall become part of the public record, shall be available to the defendant, and must be filed with the appropriate court on the next business day. (2) If a motion to seal the affidavit has been filed with the request for a Gerstein determination, the court shall rule on the motion to seal when ruling on the issue of probable cause. (c)Copy of complaint. The complaint shall be filed in Superior Court by the county attorney, attorney general or their designee 48 hours prior to arraignment for non-incarcerated defendants, and no later than arraignment for incarcerated defendants. The defendant shall be provided with a copy of the complaint.(f)Arraignment. Arraignment shall be conducted in open court. The court shall read the indictment or complaint to the defendant or state to the defendant the substance of the charge. If the defendant appears without counsel, the court shall inform the defendant of the possible penalties, the privilege against self-incrimination, the right to retain counsel, and the right to have an attorney appointed by the court pursuant to Rule 5 if the defendant is unable to afford an attorney. The defendant shall be called upon to plead to the charge, unless unrepresented by counsel, in which case a plea of not guilty shall be entered on the defendant’s behalf. If a defendant refuses to plead or if a court refuses to accept a plea of guilty, the court shall enter a plea of not guilty. Upon entry of a plea of not guilty, the case shall be scheduled for a dispositional conference.(e)Waiver of Arraignment. A defendant who is represented by an attorney may enter a plea of not guilty and waive formal arraignment as follows. Before the arraignment hearing, the attorney shall file a written statement signed by the defendant certifying that the defendant has reviewed a copy of the indictment or complaint. The attorney shall further certify that the defendant read the indictment or complaint or that it was read to the defendant, and that the defendant understands the substance of the charge and the possible penalties, waives formal arraignment, and pleads not guilty to the charge.(f)Arraignment on Misdemeanor Appeal. No arraignment shall be held on a misdemeanor appeal. Upon the filing of a misdemeanor appeal in superior court, a hearing notice consistent with these rules shall be issued. The date of the issuance of a hearing notice shall be the equivalent of an arraignment and entry of not guilty plea for the purpose of determining deadlines.
N.H. R. Crim. P. 10
Adopted effective January 1, 2016 in Strafford and Cheshire counties and July 1, 2016 in Belknap County; amended June 15, 2017, effective July 1, 2017; amended effective January 1, 2019; amended effective January 1, 2020.
