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New Hampshire Waiver of Probable Cause

Category:
Statewide - District Division - Criminal
State:
New Hampshire
Control #:
NH-SKU-0314
Format:
PDF
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Description Probable Cause Nh

Waiver of Probable Cause
The New Hampshire Waiver of Probable Cause is a document that is signed by a person who has been arrested for a criminal offense in the state of New Hampshire. This waiver allows the person to be released from custody without having to go through the usual process of having the case presented to a grand jury. The waiver gives the state the right to prosecute the case without the need to prove probable cause. There are two types of New Hampshire Waiver of Probable Cause: voluntary and involuntary. A voluntary waiver is signed by the defendant and gives the state the right to prosecute the case without having to prove probable cause. An involuntary waiver is signed by a judge or magistrate and allows the state to proceed without having to prove probable cause. In both cases, the defendant is released from custody but is still subject to prosecution.

The New Hampshire Waiver of Probable Cause is a document that is signed by a person who has been arrested for a criminal offense in the state of New Hampshire. This waiver allows the person to be released from custody without having to go through the usual process of having the case presented to a grand jury. The waiver gives the state the right to prosecute the case without the need to prove probable cause. There are two types of New Hampshire Waiver of Probable Cause: voluntary and involuntary. A voluntary waiver is signed by the defendant and gives the state the right to prosecute the case without having to prove probable cause. An involuntary waiver is signed by a judge or magistrate and allows the state to proceed without having to prove probable cause. In both cases, the defendant is released from custody but is still subject to prosecution.

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FAQ

(f) Motions to Quash. An individual may request that the court quash a subpoena on the grounds of improper service, hardship, or otherwise as provided by law. Notice of the motion must be served on all parties. The court shall notify all parties of any hearing on the motion and the decision.

Any party may serve on any other party a request: (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect, copy, test, or sample any designated documents or electronically stored information including writings, drawings, graphs, charts, photographs, sound

Criminal Contempt. (a) Direct Contempt. A direct criminal contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the presence of the judge.

(5) Finding of Probable Cause. If the court determines that there is probable cause to believe that a charged offense has been committed and the defendant committed it, the court shall hold the defendant to answer for action by the grand jury. (6) Finding of No Probable Cause.

In addition, Rule 5 also provides that even where the parties are unable to reach agreement on all issues or where the court finds the agreement unacceptable, the structuring conference will be held telephonically unless the court specifically orders that counsel and/or the parties appear in court for the conference.

Indictment: If the grand jury brings forward and indictment against a Defendant, the Defendant is the required to appear for Arraignment in the Superior Court. After arraignment, the case is then scheduled for preliminary hearing, jury selection and then jury trial.

(m) Notice or Subpoena Directed to An Organization. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination.

(A) Except for good cause shown, (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.

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More info

Once indicted, a Warrant for Arrest is issued for your arrest and the case will be transferred to Superior Court for disposition. If you waive probable cause, the matter can be submitted to Superior Court and may not result in re-arrest.A waiver of a probable cause hearing must be executed in writing. AOC charging forms contain the language and space for executing this waiver. At the hearing, the prosecutor must convince the judge that probable cause exists to believe the defendant committed the charged crime(s). Defendants can also waive a probable cause hearing, that is, indicate to the prosecution that they do not want the hearing to take place. Although the defendant can waive their right to a probable cause hearing, it does not mean that they are admitting guilt. Probable cause has been determined prior to such arrest. O The defendant cannot waive the right to be provided with the information before or at the time of the guilty plea. If the Judge determines there is probable cause, the defendant is bound over to the Circuit Court for further proceedings.

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