The recently passed HB 318-FN-A Bill Modifications introduces several key modifications to New Hampshire’s bail system. These changes primarily target individuals arrested for specified crimes, people who are already on bail and charged with new crimes, and people who have missed court hearings in the past.

Key Provisions of the Bail Reform Legislation

• Mandatory Detention for Certain Offenses: The bill mandates detention for individuals charged with twelve specific offenses, including homicide, felony-level assault, sex offenses, robbery, trafficking in persons, and child exploitation crimes. This detention occurs until an arraignment before the court within 24 hours of arrest.
• Bail Decisions to Be Made by the Court: In cases involving the twelve specified charges or breaches of bail conditions, bail will no longer be set by bail commissioners. Instead, it will be the responsibility of a judge or magistrate, including during weekends and holidays, ensuring swift judicial oversight.
• Bail Violation Offense: A misdemeanor offense—Breach of Bail—allows for prosecution of individuals who violate bail conditions for these specific offenses.
• Rebuttable Presumption of Detention: If a defendant has failed to appear in court on three or more occasions in the past three years, a rebuttable presumption will apply that release will not ensure their appearance at future proceedings, necessitating detention.
• Magistrate Positions: The law also introduces new magistrate positions empowered to set bail during weekends and holidays, preside over arraignments, handle search warrants, and other procedural matters. However, magistrates are prohibited from overseeing trials or accepting guilty pleas.
• Electronic Monitoring and Supervision: For individuals deemed dangerous, the court may order electronic monitoring and supervision, contingent on the county’s acceptance of such measures.

Bail Determination Process

• Weekend and Holiday Procedures: For arrests occurring outside regular court hours, the arresting agency must submit a bail determination request by 9 a.m. to the designated magistrate. Bail is then decided via phone call between 9 a.m. and 1 p.m. The magistrate’s decision is final, and a bail order is issued without a formal hearing.
• Detention Pending Arraignment: Individuals arrested on one of the twelve specified charges or for breaching bail conditions must be detained until a judge or magistrate makes a determination on bail, within 24 hours of arrest.
• Court’s Role in Bail Violations: If a defendant is arrested for violating bail conditions, they will remain detained until the court reviews the situation. If the court finds probable cause that bail conditions were breached, the defendant will remain in custody until trial.

Impact on Law Enforcement and Agencies

• Arresting Agencies and House of Corrections: These agencies must ensure that individuals charged with one of the twelve offenses are held pending a bail determination. Coordination with magistrates is crucial, especially during weekends and holidays when judicial oversight will be conducted by phone.
• Prosecutors: Prosecutors will coordinate the potential use of electronic monitoring and ensure they provide sufficient information to the court. They must also understand the increased penalties for violations of bail conditions, which could include new charges.

Conclusion

The HB 318-FN-A bill brings significant changes to New Hampshire’s bail system intended to emphasize public safety, and likely expanding the state’s power to detain people suspected of crimes prior to any formal court hearing. For more information on these new bail modifications Contact Attorneys Samdperil & Welsh at (603) 775-7570.

HB 318-FN-A Bill 2025 Modifications

Does this mean that if my BAC is below a .08 I cannot be charged with a DUI in New Hampshire?  No.  New Hampshire law defines driving under the influence (DUI) or driving while intoxicated (DWI) as impairment to any degree.  Other evidence, such as erratic driving, performance on field sobriety tests, or an admission to drinking alcohol will likely be used by prosecutors who are seeking a DUI conviction.  Experienced DUI lawyers carefully review video and other evidence of allegedly erratic driving.  They are trained in field sobriety testing and will challenge unfairly or improperly administered tests.  And knowledgeable lawyers will defend your constitutional rights when police questioning violates Miranda rights or police searches are unlawful.

How can I can I challenge a BAC result or fight a DUI charge? Consult with an experienced DUI lawyer, who represents clients both in court and at ALS hearings.  Ask questions about the process, what evidence will be most important in your case, and ask the lawyer to explain the potential outcomes and how they might affect your driving privileges and criminal record.  The lawyers at Samdperil & Welsh, PLLC are experienced DUI trial lawyers, trained in how police conduct testing and how BAC results may be misleading or wrong. They sit down with every client to review the strengths and weaknesses of the evidence, counsel and advise about the potential outcomes, and help the client make the best decision about how to proceed in their case. 

In 2016, a new site for the courthouse was finally secured, once again in Hampton, and in January of 2019 the new Hampton courthouse opened. The court, now called the 10th Circuit Court – District Division – Hampton, is located at 3 Timber Swamp Road in Hampton (click here for directions). The court has jurisdiction over misdemeanor and motor vehicle cases from the towns of Hampton, Hampton Falls, North Hampton, South Hampton, and Seabrook.plus the New Hampsire State Police and other state agencies.

The new Hampton courthouse is less than 4.5 miles from Samdperil & Welsh, PLLC. Our attorneys frequently represent clients in that court in a range of matters, including DUI’s, drug offenses, and theft-related charges. Please feel free to contact us if we can assist you with your case.

Arraignment – An arraignment is an intial court appearance by a person who is charged with a crime (the defendant).  At a formal arraignment, the defendant must be provided a copy of the Complaint or Complaints (a written statement of the essential facts supporting the offense or offenses charged) and may typically enter a plea of either guilty or not guilty.  In many cases, particularly offenses that are punishable by jail or a loss of license, it is advisable for a defendant to plead not guilty at the arraignment so that he or she may consult with a lawyer and examine the different legal options.  If the defendant is detained (held in jail in lieu of bail or without bail) pending arraignment, his or her arraignment must be scheduled within 24 hours (excluding weekends and holidays).  If the defendant is not detained prior to arraignment, his or her arraignment is usually scheduled soon thereafter.

Waiving the Arraignment – A defendant charged with a class A misdemeanor or a felony may waive arraignment only if he or she is represented by a lawyer and that lawyer files a “waiver of arraignment and entry of not guilty” form with the court prior to the date of arraignment.  If the waiver of arraignment form is timely filed and approved by the judge, the defendant will often not need to appear in court on the date of the arraignment.

Summons – A person who fails to appear in response to a summons may be charged with a misdemeanor.  However, as with misdemeanor and felony charges, a person who receives a summons for a misdemeanor or violation level offense may, through their lawyer, waive formal arraignment in advance.

If you have other questions about bail, felony or misdmeanor arraignments, or representation in a Circuit Court or Superior Court matter, please give us a call.  We have experience with handling all types of matters in New Hampshire courts.

Even though colleges and universities may not be looking at applicants’ criminal records for the purpose of admissions, the federal government still considers certain criminal convictions – notably, drug offenses, including marijuana possession – when determining eligibility for federal financial aid. For more information about how a drug conviction may affect a student’s FAFSA eligibilty, click here. Many students do not realize that even a non-criminal conviction for a small amount of marijuana may make them ineligible for federal aid for a year or more.  Similarly, certain scholarships and school aid packages are awarded upon conditions that include remaining arrest free.

At Samdperil & Welsh, PLLC, we work with students and their families to minimize the impact of an arrest or conviction on a young person’s college and professional career.  Our lawyers counsel clients about the potential impact of their criminal charges, and can often use alternative sentencing and diversion to the benefit of our younger clients. If we can help, give us a call.

• Marijuana has been decriminalized, but is still not legal in New Hampshire.  Unless you are an authorized medical marijuana patient, marijuana is still against the law and is punishable by fines.
• Marijuana possession is still a crime under federal law, and a conviction for possessing even small amounts of marijuana may still impact federal aid, such as education grants and loans. The Free Application for Federal Student Aid (FAFSA) still asks if applicants have been convicted for the possession or sale of illegal drugs for an offense that occurred while you were receiving federal student aid.
• Persons under age 21 face more severe consequences for possession, and may lose driving privileges for certain offenses.
• A person who receives a summons for possessing a personal use amount of marijuana must return the summons within 30 days.  The failure to do so may result in a default being entered and the suspension of driving privileges.

For more information on marijuana laws, drug offenses, and the penalties for violating these laws in New Hampshire, including a loss of license, please contact one of the lawyers at Samdperil& Welsh, PLLC and schedule a consultation.

Here are 4  important things to know about how “Felonies First” will change how felony cases are handled in New Hampshire courts:

1. Under Felonies First, any person charged with a felony will be scheduled for an arraignment (i.e., an initial court appearance where a plea is entered and bail may be set or changed) in the Superior Court and the case will be prosecuted by the county attorney’s office. This is a major change from the old rules, which permitted felony cases to be filed in the local circuit court by a local police or town prosecutor.
2. It doesn’t matter if a person is also charged with misdemeanor offenses. If a person is facing multiple charges and at least one of the charges is a felony, the entire case, including any misdemeanor charges, will be transferred to the superior court.
3. Under the old rules, a person charged with a felony in circuit court was entitled to a probable cause hearing, which is a preliminary hearing where a prosecutor must show that there is a basis to believe that a felony was committed and that the person charged is responsible.  Under Felonies First, probable cause hearings are not automatic, and the defendant must now show that he or she meets certain statutory criteria before a judge will consider scheduling this type of hearing.
4. In Rockingham County, any felony charge that was filed before October 1, 2017, or was filed after that date but alleges criminal conduct before October 1, will be handled under the old felony procedures. This means that an arraignment and probable cause hearing may still be held in the Circuit Court before the case is indicted and brought to Superior Court.

If you are looking for legal representation or advice about a felony charge, you should speak with a lawyer immediately, and, when possible, prior to the arraignment.  We have been representing people in felony cases in the New Hampshire courts for over two decades.  You can schedule a consultation at any of our office or conference locations by calling (603) 775-7570 or send an email to help@swnhlaw.com.

Effective September 16, 2017, possession of 3/4 of an ounce of marijuana or less will no longer be a crime in New Hampshire.  The new law, which decriminalizes small amounts of marijuana, merely lessens the penalties for possession – it does not make marijuana possession legal. Here are three important things to understand about this change to New Hampshire law:

1. Possession of 3/4 of an ounce of marijuana is a violation level (i.e., non-criminal) offense.  Possession of more than 3/4 of an ounce is still a crime and can be punished by larger fines and possibly jail.
2. This is a change to New Hampshire state law only.  Under federal law, marijuana possession is still a crime. This means that even a violation-level conviction for a small amount of marijuana can lead to the loss of certain scholarships, student loans, or financial aid, such as federal student aid (FAFSA).
3. This law applies only to persons who are 21 or older. A person who is under age 18 and possesses 3/4 of an ounce of marijuana or less can be subject to juvenile delinquency proceedings in family court.

For basic information on New Hampshire’s decriminalization bill, click here. If you have questions about how this law may affect you, particularly if you are a student, please give us a call. We are happy to schedule a consultation to provide information about your particular situation or to discuss legal representation.

One of the most important things to know is how a conviction for a DWI offense might affect you. For that reason, we have put together a reference guide that summarizes the penalties for several DWI offenses.

In 2013, new DWI sentencing laws went into effect that significantly change the treatment requirements and the length of mandatory jail sentences. Our guide has been updated to reflect these changes.

This information is designed to help you understand what the mandatory minimum sentences are, what the worst case scenario could be, and what other consequences could result from a conviction for DWI or DUI in New Hampshire.

Penalties for DWI in New Hampshire

In New Hampshire, the penalty will be greatly affected by your prior driving record and whether you have previously been charged with or convicted of a DWI.

Second and subsequent DWI convictions include a mandatory jail sentence and lengthy license suspension. Additionally, the charge of Aggravated DWI has serious consequences, including a mandatory jail sentence in all cases.

For specific information about DWI penalties, click here.

Please note that this is background information only, and you should always consult with a lawyer to find out what penalties are applicable in your case.

This change eliminates preliminary “probable cause” hearings as a matter of right, and instead places with a superior court judge the determination of whether such a hearing is necessary.

The Strafford and Cheshire county superior courts were the first courts to implement this significant change in court procedure. Felonies First will expand to Belknap County Superior Court in July of 2016.  The program will then rollout statewide.

Attorney Richard Samdperil, formerly a co-chair of the NH Bar Association Criminal Law Section, represented the section on an attorney working group convened by the Chief Justice of the New Hampshire Superior Court.

What You Need to Know about DWI Breath Tests in NH

If you are arrested for DWI in NH, here is what you need to know:

If you submit to a breath or blood tests, the result may be used against you at a DWI trial.

If you submit and your alcohol concentration level (BAC or BrAC) is over .08, the you will lose your license for at least 6 months (or longer if you have a prior DWI conviction or refusal), regardless of whether you are convicted or even charged with DWI.

If you submit to a breath test be sure to save the capture tube. Under New Hampshire law, you must be provided with a second sample. Sometimes the test is done improperly or the sample is not preserved properly. An independent laboratory test may help your case.

If you refuse to submit to testing, no test can be given. This means that there will not be any test results to use against you in court.

If you refuse the prosecutor may tell the judge or jury of your decision to refuse the test.

This differs from the law in other states, where refusing a breath test may not be used against a defendant at trial.If you refuse the DMV will suspend your license for at least 6 months, and in some cases for 2 years.

If you refuse and are convicted of DWI, the ALS suspension (that’s the loss of license imposed by the DMV for refusing the test) will be in addition to any court-ordered loss of license.

Need an Experienced NH DWI Lawyer?

If you’re reading this, you have probably already been arrested or charged with drunk driving in New Hampshire.

If you need help with a NH DWI, DUI or OUI charge, give us a call. We are experienced NH DWI lawyers. And, in most cases, we are happy to provide a free initial consultation.

But more importantly, we will explain this complicated law to you so that you understand your case.

Just ask around – we have an established and well-deserved reputation as fighting hard for our clients in Portsmouth, Exeter, Dover, Hampton, Manchester and throughout New Hampshire. And we will work hard to get you the best possible outcome too.

Disclaimer: Please note that this blog posting and all other material on this website is for informational purposes only, and should not be construed as legal advice. If you are seeking legal advice, you should hire and consult with your own lawyer.

Click here to see the NH Magazine article. Samdperil & Welsh attorney Richard Samdperil is quoted in the article.

For a good article explaining this, click here.

If you have been arrested and have specific questions about a sexual assault investigation or about the use of DNA in New Hampshire criminal prosecutions, give us a call.

Privacy experts and the courts disagree about the privacy rights we have over our DNA in the context of a police investigation.  See the Boston Globe article.

Later this spring the Supreme Court will decide, in the case Maryland v. King, whether the police can force a suspect to give a DNA sample when he or she has merely been arrested—but not yet convicted—for a crime.

The New Hampshire Attorney General has since warned police against arresting those who videotape arrests, and the New Hampshire Legislature has been considering legislation in this area.