Belknap County Criminal Court handles all criminal cases that are filed in Belknap County. See below for more information about criminal cases in Belknap County.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
Belknap County Criminal Court
Arraignments in Belknap County
During an arraignment in Belknap County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Belknap County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Belknap County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Belknap County Criminal Court locations
Criminal proceedings take place in the Belknap County Criminal Courts. A list of the criminal courts are located here.
Jury Deliberations in Belknap County
In Belknap County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Sentencing in Belknap County
In Belknap County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
Who is the prosecutor for Belknap County?
Depending upon the case, the prosecutor for Belknap County criminal cases will either be a representative of Belknap County or a representative from New Hampshire. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Belknap County Required Court Appearances
In Belknap County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
Where can I get help for my Belknap County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Belknap County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Belknap County Criminal Court Locations
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Belknap County Superior Court
Address: 64 Court Street, Laconia NH 03246
Phone: 603-524-3570 -
Belknap County 4th Circuit Court District Division
Address: 26 Academy Street, Laconia NH 03247
Phone: 603-524-4128 -
Belknap County 4th Circuit Court Probate Division
Address: 26 Academy Street, Laconia NH 03247
Phone: 603-524-0903 -
Belknap County 4th Circuit Court Family Division
Address: 26 Academy Street, Laconia NH 03247
Phone: 603-524-7755