(d) Arraignment. (I) Comply with designated house arrest provisions. (3) Appeal to Supreme Court. The court shall act on the request for counsel within 24 hours, excluding weekends and holidays, from the date the request is submitted but not later than the filing of the complaint. (g) All pleadings and the appearance and withdrawal of counsel shall be signed by the attorney of record or the attorneys associate or by a self-represented party. The rule reflects the constitutional requirement that the trial court affirmatively inquire, on the record, into the defendant's volition in entering the plea. The Courthouse will be on your left in the Opera House Building. (a) For Attendance of Witnesses; Form; Issuance. (i) not less than 60 days prior to jury selection, a party seeking to offer evidence of other crimes, wrongs, or acts pursuant to Rule of Evidence 404(b), must provide the other party written notice of its intent to offer such evidence. State v. Flood, 159 N.H. 353 (2009). Anfernee King, 23, of Dubuque Street, second-degree assault, criminal restraint, criminal threatening and being a felon in possession of a dangerous weapon, a Ruger pistol. Defendant's counsel has the duty to protect the defendant's interest by insuring that the defendant understands that: (i) the defendant has a right to a review of any stand committed, deferred, or suspended state prison sentence imposed which is not mandated by law; and, (ii) sentence review may be sought within 30 days of imposition of the sentence but not thereafter absent good cause shown; and. So, the choo choo went, Train service would be a big flop as young people today want to travel in their own cars. (C) The defendant's prior criminal record. The provisions of Rule 36 are consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.3 (Attorneys). These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Rockingham and Sullivan Counties on or after October 1, 2017. (1) The following provisions govern a partys obligations when filing a document containing confidential information as defined in this rule. RSA 516:3 provides in pertinent part that any justice may issue writs for witnesses in any pending New Hampshire case. James R. Perry Perry, 30, of Claremont was arrested on Jan. 3 near 72 Sullivan Street in Claremont for possession of fentanyl, a controlled schedule II drug. The application shall state, and the parties shall be orally notified, that: (A) the parties have a statutory right to a review of the sentence; and. The Sulllivan County Grand Jurors indicted Nicholas Beattie, 34, of Grantham, with criminal threatening with a deadly weapon, a Class B felony, on July 13. News & Announcements Event Calendar Archived Press Releases If the defendant intends to rely upon any defense specified in the Criminal Code, the defendant shall within sixty calendar days if the case originated in superior court, or thirty calendar days if the case originated in circuit court-district division, after the entry of a plea of not guilty, or within such further time as the court may order for good cause shown, file a notice of such intention setting forth the grounds therefor with the court and the prosecution. This determination may be made at the circuit court-district division arraignment, but in any event, must be made within forty-eight hours of the defendant's arrest, Saturdays, Sundays and holidays excluded. Any such increase in bail or conditions of bail shall be without prejudice to the defendant's right to a further bail hearing, with counsel present, as specified in subsections (d) or (e) of this rule. The value of the services was greater than $1,000. punishable by contempt of court. Contemporaneously with the furnishing of such witness list and to the extent not already provided pursuant to paragraph (b)(1) of this rule, the State shall provide the defendant with all statements of witnesses the State anticipates calling at the trial or hearing. The grand jury may also consider whether to return an indictment on a felony or misdemeanor. (a)Bail Permitted. An indictment shall be returned by a grand jury and shall be prosecuted in superior court. Stone allegedly asked dispatchers to call his wife and ask her to bring him some gas. (d) A no contact order in a domestic violence, stalking, or similar matter shall not prevent either party from filing appearances, motions, and other appropriate pleadings. (1) At the defendant's first appearance before the court, the court shall inform the defendant of his or her ability to obtain discovery from the State. Eduardo Lages, 34, of Quincy Street, second-degree assault, criminal threatening and felonious possession of a dangerous weapon, a firearm. Krystal Campbell, 37, of Market Street, second-degree assault. Take a right at end of exit ramp onto Route 103 West. (H) In addition, unless this requirement is waived by the court, the verified application shall contain the name, address, telephone number and bar number of an active member in good standing of the Bar of this State who will be associated with the applicant and present at any trial or hearing. The judge may also impose a time limit. See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule). (b) Finding by Court. Clow, 20, of Claremont is accused of committing an assault on May 29 while in custody at the Sullivan County House of Corrections. The complaint is a written statement of the essential facts constituting the offense charged. On Dec. 12, 2021, Febo is accused of driving under the influence of intoxicating liquor, with a blood alcohol content in excess of .16, and causing a collision involving serious bodily injury. (5) Protection of Information not Subject to Disclosure. There is 2-hour parking in front or in the public parking area at the median. Amidon has been previously convicted of theft in twice July 2017. Should none of the three members request a hearing, the Secretary shall issue a notice to the persons set out in Sentence Review Division Rule 8 that the sentence is affirmed without hearing. (d) Extended Term. (2) The contents of and any attachments to the pre-sentence report shall be confidential and shall not be disclosed to anyone except as required by statute or ordered by the court. A defendant who is represented by an attorney may enter a plea of not guilty and waive formal arraignment as follows. Be Proactive. (b)Bail Denied. Sign up to receive news and updates from this site directly to your desktop. (22) The Secretary shall send the final order to the Clerk of Court for the court in which sentence was imposed, the sentencing judge, defendant, defense counsel, the Department of Corrections, and the County Attorney or the Attorney General's office. Robert Matteson, 29, of 199 Manchester St., witness tampering. (d) In cases where the defendant is not detained, arraignment may be continued without the personal appearance of the defendant or the entry of an appearance by counsel upon timely motion made in writing if the court is satisfied with the terms of bail. 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. (a) A motion for reconsideration or other post-decision relief shall be filed within ten days of the date on the clerks written notice of the order or decision, which shall be mailed or electronically delivered by the clerk on the date of the notice. (2) Plea by Mail. The charge is a Class B felony offense. The party shall also provide access to all statements, reports or other materials that the proponent of Rule 404(b) evidence will rely on to prove the commission of such other crimes, wrongs or acts. (3) Violation of this rule may be treated as contempt of court. Paragraph (b) of this rule refers to States appeals. (3) In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. (a) Non-Jury Cases. Indictments 041522dauphinais-indictments.pdf All Content Contributors Frequently Requested Case Dauphinais Fri, 04/15/2022 - 12:00 Portable Document Format (.pdf) . (5) Objections; Offers of Proof. Perry was released on Aug. 22 with condition to appear in Sullivan County Superior Court on Sept. 9 and Sept. 12, which he did not do. On Sept. 18, 2021, in Peterborough, Michaels is accused of grabbing a woman by the neck and forcing her to perform fellatio on him and forcing her to have sexual intercourse after she told him no, please stop, and I dont want to do it., Jeremiah Nabors, 24, of Mountain Ash Lane, Goffstown, reckless conduct. Federal Grand Jury A Indictments Announced- October Acting United States Attorney Clint Johnson today announced the results of the October 2021 Federal Grand Jury A. Your account has been registered, and you are now logged in. (g) Nothing in this rule shall prevent the court from increasing a detained or non-detained defendant's bail or conditions of bail without the presence of counsel when the court makes a specific finding that such increase is necessary to reasonably assure the appearance of the defendant as required or that release without such increase will endanger the safety of the defendant or any other person or the community. Low near 25F. On June 21, 2021, as an accomplice with two other people, Cruz is accused of removing merchandize valued at more than $1,500 from Victorias Secret at the Mall of New Hampshire. (a) The appropriate fee must accompany relevant filings. The reasons for any change of sentence will be stated in a written order. (2) Trial will proceed in the normal fashion until questioning of the first witness has been completed by both counsel. 3 to 5 inches of snow expected.. Jennifer Lynn Byrns, 26, 344 Glen Ave., Kingsport, assault, resisting arrest, obstruction of process. A Grand Jury considers evidence presented by the County Attorney or the Attorney General and decides whether there is sufficient evidence to formally charge a person with committing a crime. independent daily newspaper serving six counties in Northeastern Vermont and Northern New Hampshire . The Sentence Review Division record log shall be open for public inspection. Paragraphs (c) and (e) extend this principle to cases in which counsel has been appointed for the defendant or in which a defendant demonstrates an inability to pay the fees and mileage allowed by law. (5) Objections; Offers of Proof. (c) Arrest. (b) In addition to the participation of the interpreter contemplated in paragraph (a) of this rule, whenever, in the case of an indigent defendant, defense counsel reasonably believes that counsel requires a separate interpreter in order to communicate with the defendant, counsel shall make application to the court for authorization under RSA 604-A:6 for funds to hire an interpreter for the purposes of facilitating out-of-court and in-court communication between counsel and the defendant. (C) A statement as to whether or not the foregoing evidence, or any part thereof, will be offered at the trial. The third sentence of paragraph (a) derives from N.H. Dept of Corrections v. Butland, 147 N.H. 676, 679 (2002), and is not intended to preclude a party from raising an issue on appeal under the plain error rule set forth in Supreme Court Rule 16-A. (3) Upon request, a grand jury witness shall be given reasonable opportunity to consult with counsel. (c) A party filing a pleading shall certify that a copy of the pleading and all attachments was mailed first class or delivered to all opposing counsel and any guardian ad litem. 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 persons attorney is unable to attend an arraignment on the same day, Saturdays, Sundays, and holidays excepted. These email addresses are for WebEx access requests only. A person charged with a probation violation is entitled to counsel and the appointment of counsel if deemed eligible at all stages of the proceeding. On Dec. 13 Miller was arrested again for the same offense at 131 Mulberry Street in Claremont. See, e.g., Associated Press v. State of N.H., 153 N.H. 120 (2005); Petition of Keene Sentinel, 136 N.H. 121 (1992). Thomas E. St. Louis, 50, of Hevey Street, two counts of criminal threatening and second-degree assault. (iii) not less than 30 days prior to jury selection, a party shall file a motion to exclude evidence it believes constitutes Rule 404(b) evidence if no motion to admit the evidence has been filed by the opposing party. A hearing on the motion shall not be permitted except by order of the court. Be Truthful. RSA 606:10 governs States appeals. Leonardo Phillips, 27, of 199 Manchester St., criminal threatening. Automatic withdrawal shall not be allowed and court approval shall be required if the basis for withdrawal is a breakdown in the relationship with the client, the failure of the client to pay legal fees, or any other conflict not specifically set forth in Rules 1.7(a), 1.9(a) and (b), and/or 1.10(a), (b), and (c) of the New Hampshire Rules of Professional Conduct. in a case and an indictment or presentment is required for further proceedings. Rule 47(b) addresses the fact that a party requiring interpretation services will often need an interpreter to facilitate in-court and out-of-court attorney-client conversations, when the attorney is not fluent in the clients language. Martin, 37, of Newport is a convicted sexual offender (victim under 16 years of age) in the state of Vermont. Use the 'Report' link on It is not the responsibility of the clerk or court staff to review documents filed by a party to determine whether appropriate omissions or redactions have been made. An offense that is punishable by a term of imprisonment exceeding one year may be prosecuted by a complaint with a waiver of indictment. If the motion is denied, the courts ruling shall be supported by findings of fact with respect to the allegations contained in the motion. (b) In any case in which a defendant appears before a bail commissioner pursuant to paragraph a, the defendant shall also be provided with a Request for a lawyer form (financial statement) in order to apply for counsel at arraignment.