The penalty for possession a controlled drug is 3 to 7 years in state prison and a $25,000 fine. (3) The following provisions govern a partys obligations when filing a confidential document or documents containing confidential information as defined in this rule. To learn more, click the following link: Do not sell my info, New Hampshire - Statewide Court Dockets Calendars. (C) Information for which a party can establish a specific and substantial interest in maintaining confidentiality that outweighs the strong presumption in favor of public access to court records. 2023 State of New Hampshire All rights reserved, An official NEW HAMPSHIRE government website, Guidelines for Use of Cameras and Audio Equipment, Registration Process for Use of Cameras and Audio Equipment, Judicial Performance Evaluation Advisory Committee, New Hampshire Court Accreditation Commission, Sullivan County Superior Court Juror Information. (2) Appeal for Trial De Novo in the Superior Court. A subpoena shall comply with the form required by statute and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. As you enter Newport , you will go down a hill ( Sunapee Street ) and see Main Street ahead. The waiver must be in open court and on the record. (1) A defendant may challenge probable cause during the period from arrest to indictment by motion requesting a probable cause hearing under the following conditions: (A) A complaint has been filed in superior court; (B) The defendant has not been indicted by the grand jury; and. (c) The parties may submit additional information to the personnel conducting the evaluation but are not required to do so in the absence of an order from the court. If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing by the court on the same issue at the trial. Create a password that only you will remember. This rule does not apply to petitions for habeas corpus. After a case has been submitted to the jury and the jury has retired for deliberations, counsel shall not leave the courthouse without permission of the court. (3) Violation of this rule may be treated as contempt of court. We won't share it with anyone else. Krystal Campbell, 37, of Market Street, second-degree assault. (8) Protective and Modifying Orders. At the request of the party filing the pleading, the court shall forward a copy of the pleading to the party or counsel specified in the request. Later, Texas incorporated the idea of having a grand jury into its own constitution. A request for a hearing shall not be unreasonably denied. (4) If a hearing is held, the state shall bear the burden of proving there is probable cause to believe that a felony has been committed and that the person charged has committed it. (3) When questioning of the first witness is completed, the court will allow jurors to formulate any questions they may have, in writing. (b) No answer to a motion for reconsideration or other post-decision relief shall be required unless ordered by the court, but any answer or objection must be filed within ten days of notification of the motion. The Supreme Court's review in such cases shall be limited to questions of law. Effective July 1, 2010 . Lord-Hill, 32, of Claremont was arrested on April 16 for resisting arrest. The property was worth $2,442. This paragraph reflects the states statutory exemption from the requirement of tendering witness fees in advance of trial or hearing. (8) The judge shall instruct the jury substantially as follows. The protection order was taken out by his wife, Kristi Stone. Shannon Kathleen Carota, 41, of Middle Street, Milford, aggravated DUI with collision and serious injury. Court appointed counsel shall be reimbursed as provided by law. (5) Finding of Probable Cause. (2) To ensure a fair trial, avoid surprise, or for other good cause shown. (a) Before and During Trial. Take Interstate 89 North to Exit 9, Warner, Route 103. (a) The appropriate fee must accompany relevant filings. See State ex rel McLetchie v. Laconia Dist. Chance of snow 100%. After submission of the case, but before the return of a verdict, a party may reopen evidence after showing good cause, in the discretion of the court. (ii) not less than 45 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 file a motion to admit such evidence. (3) If counsel or the State has a bona fide question about the competency of a defendant to stand trial, counsel or the State shall notify the court. (C) Before any attorney shall in closing argument read any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. If the defendant fails to comply with this rule, the court may exclude any testimony relating to such defense or make such other order as the interest of justice requires. The Community Corrections Center ( CCC) is a 72 bed unit that houses the TRAILS program, which targets offenders with co-occurring substance abuse and mental health disorders, seeks to reduce the number of court-involved adult offenders returning to custody by engaging them in intensive therapeutic case management and transition planning. Bemis told her he would take her down and that she would regret speaking to police about it, according to the indictment. Take Exit 9, Warner, Route 103. (2) Scheduling. When a person is arrested with a warrant, the complaint, and the return form documenting the arrest shall be filed in a court of competent jurisdiction without unreasonable delay. CONCORD, NH The following people were indicted recently in Merrimack County Superior Court. Those cases that are of a complex nature, or are potentially of prolonged duration, may be assigned to a specific judge by the chief justice of the superior court sua sponte, or upon a motion for special assignment filed by any party. (2) Upon review of the motion, the court shall determine whether a hearing is necessary to assist the court in its determination of probable cause. A Coos County grand jury has indicted Ryan Gingras-Jodrie, 24, of Groton, Mass., with reckless conduct. In any other case in which an arrest warrant would be lawful, upon the request of the State, the person authorized by law to issue an arrest warrant may issue a summons. Kevin Desmarais, 29, of Forest Road, Hancock, aggravated DUI with collision and serious injury. The court shall also tell the defendant that there is no obligation to make a statement and that any statement may be used against the defendant. Where a defendant in a criminal case has filed a financial affidavit and has been determined to be eligible for court-appointed counsel in the circuit court, the defendant shall not be required to file a new financial affidavit upon the appeal or transfer of the same case to the superior court unless facts are brought to the courts attention indicating that there has been a substantial change in the defendants financial circumstances. On Feb. 2, 2022, he is accused of firing a gun in the residential area of Dionne Drive. Worthley is charged with possession of a controlled drug and. (m) Counsel of Record; Bail. (I) Comply with designated house arrest provisions. (c) Unless otherwise ordered by the court for good cause shown, no victim or witness whose testimony is taken pursuant to this section shall be required to appear or testify at trial. He has previously been convicted of similar offenses in Sullivan Superior Court on April 3, 2015 and in Rockingham Superior Court on April 10, 2015. Indictments 041522dauphinais-indictments.pdf All Content Contributors Frequently Requested Case Dauphinais Fri, 04/15/2022 - 12:00 Portable Document Format (.pdf) . On Nov. 10, 2021, Rheaume allegedly caused serious bodily injury to D.B. who he hit in the back of the head, causing D.B. to fall to the floor, where he continued striking the individual, causing D.B. to have difficulty in memory and focus. (2) There is reason to believe the life or safety of the witness is endangered because of the witnesss willingness or ability to testify, and the testimony expected from the witness is material to the prosecution of the case. With respect to subsection (c) of this rule, it is contemplated that such requests will be deemed timely if they are filed enough in advance of the proceeding that the presiding justice has an opportunity to read and consider the request, to orally notify all interested parties of its existence, and to conduct a brief hearing in the event that any interested party objects to the request. Prior to submission of the case to the court, a party may reopen evidence for good cause shown. The provisions of Rule 37 are consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.1 (Relief from failure to comply) and 1.2 (Violation of rules). Encouraging and empowering them to take responsibility for their actions. Notice of the motion must be served on all parties. If a defendant intends to rely upon the defense of alibi, notice shall be provided to the State in writing of such intention within sixty calendar days if the case originated in superior court, or thirty calendar days if the case originated in circuit court-district division of the plea of not guilty and a copy of such notice shall be filed with the clerk. (2) Motion for Special Assignment. Police said James Stone called 911 while officers were speaking to his wife at his residence on June 22, 2007, about one violation. We also use third-party cookies that help us analyze and understand how you use this website. The court in its discretion may permit either party to take the deposition of any witness, except the defendant, in any criminal case upon a finding by a preponderance of the evidence that such deposition is necessary: (1) To preserve the testimony of any witness who is unlikely to be available for trial due to illness, absence from the jurisdiction, or reluctance to cooperate; or. (5) Protection of Information not Subject to Disclosure. The same penalties as above once again apply. For rules governing motions to continue in Circuit Court-District Division, see Circuit Court-District Division Rule 1.8-A. (3) Notice to Defendant. Upon entry of a plea of not guilty, the case shall be scheduled for trial. If no other charges remain pending in the case after dismissal the court shall vacate all bail orders. Every hour of verified community service shall be applied against a fine at the rate of $15.00 an hour. Tim Dockery, 35, 140 Cleveland St., Gate City, Va., was indicted in a second embezzlement case. (ii) The court finds the subsequently scheduled case should take precedence due to the rights of a victim under RSA 632-A:9. Visiting times are as follows: Units 1, 2 and 3- 07:30am to 9:40pm daily. Click Here for Frequently Asked Questions & Answers! The court may elect to make one public copy of an exhibit available in the clerks office. Except as provided in subsection (f) or (g) of this rule, unless the defendant waives the presence of counsel at the arraignment in writing or on the record, the court shall take no other action at the arraignment aside from (1) advising the defendant of the charges against him or her and entering a pro forma plea of not guilty (or no plea in a felony case if filed in the circuit court) on the defendant's behalf, and (2) informing the defendant that the issue of bail and any other issue requiring an adversary hearing will not be addressed until his or her counsel is present. If you have a subscription, please log in or sign up for an account on our website to continue. 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. Visit nh.gov for a list of free .pdf readers for a variety of operating systems. Nothing herein shall prevent a defendant charged with a class A misdemeanor or felony and who is unable to afford counsel from requesting counsel at any time after arrest by completing a Request for a lawyer form and submitting it to the court having jurisdiction over the matter. The value of the services was greater than $1,000. On Sept. 28 and 29, 2020, Finley is accused of sexually assaulting D.M. who was intoxicated and physically helpless to resist him. The provisions of Rule 35 are consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rules1.1A (Computation and Extension of Time), 1.3 (Attorneys) and 1.3-A (Pleadings Copies to all parties). (3) The Court shall examine the document in question together with the motion to unseal and any objections thereto to determine whether there is a basis for nondisclosure and, if necessary, hold a hearing thereon. Interpreters for Proceedings in Court, Rule 48. On Jan. 24, 2022, he is accused of pointing a gun at R.D.. Such withdrawals must be made in the superior court. When a probation violation is lodged against a defendant, the violation of probation and supporting statement of facts signed under oath shall be filed electronically in the court with jurisdiction over the defendant without unreasonable delay. In essence, it is a hearing to determine whether probable cause exists. If not signed by the defendant, counsel for the defendant may certify the following: (A) That the charges and potential penalties have been discussed with the defendant; (B) That the personal information of the defendant is accurate; (C) That the defendant has been advised and understands that existing bail orders remain in effect pending disposition of the case or modification by the court; and. 27Navarro County's grand jury returned 58 indictments against 47 people in April. The terms and conditions of probation, unless otherwise prescribed, shall be as follows. On Feb. 28, 2022, Pacheco is accused of pointing a firearm at A.B.. (i) The court may issue a bench warrant for the arrest of any defendant who fails to appear on the designated date for his appearance, or who fails to answer by waiver or who fails to comply with any order of the Court. You cant do this. He also is accused of trying to open her mouth so he could insert his penis. On Feb. 22, 2022 at Bunnys Convenience Store, 947 Elm St., Jokai-Weiss is accused of withdrawing more than $1,500 from an Atm using a stolen debit card. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Merrimack County or or after January 1, 2017. (D) The court finds by clear and convincing evidence that the potential for conflict is very slight. 613. The court shall also make findings in writing or on the record of the facts upon which the court has made its determination that the defendant has willfully failed to pay the assessment or perform community service as ordered. Attorneys must file the application electronically. (B) Sentences may also be reviewed following a re-sentencing if the original sentence has been set aside by judicial process other than by the Sentence Review Division. 613. (e) Order of Annulment. Also, if a particular question cannot be asked, you must not speculate about what the answer might have been. (d) Witnesses Under Sixteen Years of Age. The incidences took place between the June 1 and August 8 of this year in Grantham. Leonardo Phillips, 27, of 199 Manchester St., criminal threatening. Please visit GoodHire for all your employment screening needs. Whenever any document is received by the court and time-stamped as received, or the receipt is entered on the courts database, the earlier of the two shall be accepted as the filing date. in a case and an indictment or presentment is required for further proceedings. On Dec. 5, 2021, Benoubader is accused of engaging in tumultuous behavior or violent conduct with two or more people recklessly creating a substantial risk of causing public alarm. Isaiah Michaels, 19, of Greer, S.C., two counts of aggravated felonious sexual assault. California Privacy Notice: If you are a California resident, you have the right to know what personal information we collect, the purposes for which we use it, and your options to opt out of its sale. They took effect in the remaining counties as of the date set forth by Supreme Court Order pursuant to RSA 592-B:2, III. On May 9 2021, he allegedly drove a vehicle at a high rate of speed on Kosciuszko street while multiple pedestrians were crossing the street and also drove at a high rate of speed on Elm Street, running two red lights. Tommy Walsh, 51, of Union Street, was indicted on charges of possessing fentanyl and crack cocaine. The Courthouse will be on your left in the Opera House Building. Willful failure to pay means a defendant has intentionally chosen not to pay the assessment when he has had the ability to do so. On May 7, 2021, the Rockingham County Grand Jury returned indictments charging Mr. Guzman with two class A felony counts of conspiracy to commit theft by deception, one class A felony count of theft by deception (as principal/accomplice), and one class A felony count of receiving stolen property. (21) The decision of the Sentence Review Division is final. Take a right at end of exit ramp onto Route 103 West. (2) If the probationer is incarcerated as a result of arrest for violating the terms of probation pursuant to RSA 504-A:4(1), the court will schedule a bail hearing upon motion. A fee of $20 per name will be assessed for up to 5 names. The prosecutor and the warden of the state prison shall have a period of thirty days in which to file a response thereto with copies thereof furnished to petitioner, or petitioner's counsel, if represented. Upon the filing of a misdemeanor appeal in superior court, a hearing notice consistent with these rules shall be issued. (6) Prior to conducting an ability to pay or ability to perform hearing at which incarceration of the defendant for civil contempt may be imposed if the court finds that the defendant has willfully failed to pay an assessment or perform community service, the court shall provide the defendant with a financial affidavit or financial statement signed under oath and direct that the defendant complete the affidavit or statement and provide it to the court at the hearing. (1) General Rule. (1) Both the defendant and the State will be afforded the opportunity to address the court, call witnesses, and present evidence relevant to sentencing. Except with respect to witnesses or information first disclosed pursuant to paragraph (b)(4), all motions seeking additional discovery, including motions for a bill of particulars and for depositions, shall be filed within sixty calendar days if the case originated in Superior Court, or within forty-five calendar days if the case originated in Circuit Court District Division after the defendant enters a plea of not guilty. 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 probable cause for arrest. The prosecutor shall be responsible for informing the victim or next of kin of the right to so address the court. These rules shall be construed to provide for the just determination of every criminal proceeding. (C) Are alleged to have occurred during separate criminal episodes, but nonetheless, are logically and factually connected in a manner that does not solely demonstrate that the accused has a propensity to engage in criminal conduct. With respect to the double jeopardy implications of contempt prosecutions, see State v. Goodnow, 140 N.H. 38 (1995). Directions to Sullivan County Superior Court PARKING The parking lot is located on Sunapee Street across from the Sheriff's Office. A person sentenced by a circuit court-district division for a class A misdemeanor may, if no appeal for a jury trial in superior court is taken, appeal therefrom to the Supreme Court at the time the sentence is declared or within thirty days after the sentence is declared. (8) (A) Copies of the application for review of sentence filed by the defendant shall be forwarded by the Secretary of the Sentence Review Division to the following persons: (ii) The County Attorney or Attorney General; (iii) The defendant's attorney of record; and. We hope that you enjoy our free content. The indictments say she did not give her consent, told him no, said she did not want to go all the way, told him to stop, and that she was too high for this.. An agreement may be filed with the court by stipulation. Fax: (423) 323-3741. See State v. Dukette, 145 N.H. 226 (2000). If part of an offense is committed in one county, and part in another, the offense may be prosecuted in either county. To find that a plea has been intelligently made, the court must fully apprise the defendant of the consequences of the plea and the possible penalties that may be imposed. John Anders is facing three counts of felony sexual assault for the alleged incidents, which happened between 2017 and 2020, according to indictments from the Sullivan County Grand Jury. Kamon Seace, 28, of S. Main Street, Franklin, riot. The charge is a Class B felony offense. (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. She was carrying it in her purse. Any party filing a motion shall certify to the court that a good faith attempt was made to obtain concurrence in the relief sought, except in the case of dispositive motions, motions for contempt or sanctions, or comparable motions where it can be reasonably assumed that the party or counsel will be unable to obtain concurrence. (b) Except where ex parte communications with the court are authorized by law, no person shall make any statement with regard to the merits of that person's case, orally or in writing, to any judge in whose court or before whom any suit, petition or other proceeding is pending or to be heard or tried except in open court or in the presence of all parties thereto. A plea of guilty or nolo contendere to a violation may be accepted by the court without formal hearing unless the violation carries a statutorily enhanced penalty upon a subsequent conviction subjecting the defendant to incarceration. NEWPORT The grand jurors for the State of New Hampshire on June 26, upon their oath, present that: Doxter, 41, of Newport had to report to the Sullivan County House of Corrections for a felony offense of willful concealment, third offense. In a proceeding under this rule, if the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing except with the defendant's consent. We hope that you enjoy our free content. (b) Effective Date. (e) Fees for Lay Witnesses. If the cost does not exceed $500 in superior court proceedings, no motion is required. (iii) if the defendant requests sentence review, the sentence may be increased, decreased, modified or affirmed. He was indicted on a charge of theft over $10,000. (a) Note-Taking by Jurors. Start your subscription for just $5 for 3 months Subscribe. Sentences may be reviewed even if the sentence to the State Prison has been suspended or deferred or if the time to be served is less than one year because of credit for pre-sentence confinement. The charge is a Class B felony offense. This Sullivan County New Hampshire Most Wanted List posts the top 50-100 fugitive criminals on the run. Before and during trial, no attorney, party or witness shall personally or through any agent converse or otherwise communicate with any juror or any member of the venire from which the jury will be selected. Unless prohibited by statute, a person charged with a probation violation shall be entitled to bail. This is the name that will be displayed next to your photo for comments, blog posts, and more. Michael J. Kustra, 31, of Pine Street, No. (7) Waiver. In Rockingham and Sullivan counties, pursuant to RSA 592-B:2, III all felony and any directly related misdemeanor or violation-level offenses alleged to have occurred on or after October 1, 2017 shall be initiated in superior court. Sullivan County, NH | Official Website Property Information - parcel #, lot #, taxes, liens, zoning ordinances, etc. (B) The judge shall have broad discretion in the conduct of the dispositional conference. Get the paper in your inbox! Should any member request a hearing, the Secretary shall issue a notice of hearing to the persons set out in Sentence Review Division Rule 8. Unless otherwise prohibited by law, the court may permit a complaint to be amended if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced. 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. In addition to the HTO law violation, Jackie D. Clifton Jr., 37, 2108 New Beason Well Road, Kingsport, was indicted on charges of aggravated assault by the use or display of a deadly weapon, felony reckless endangerment, felony evading arrest, violation of the implied consent law, driving under the influence, and DUI sixth offense. Sullivan-county-grand-jury-indictments-include-drugs-duis. (E) Any controversial aspects of the trial likely to invoke bias. (d) The attorney general or a county attorney conducting the prosecution in a criminal case may take the deposition of any witness the prosecution intends to call at the trial, if it is determined by a justice of the superior court that: (1) The defendant in the case in which the deposition is sought has been arrested or bound over to the grand jury or has been indicted, and. (iv) The Chief Justice of the Superior Court. (A) A copy of all statements, written or oral, signed or unsigned, made by the defendant to any law enforcement officer or the officers agent which are intended for use by the State as evidence at trial or at a pretrial evidentiary hearing. See, e.g., Associated Press v. State of N.H., 153 N.H. 120 (2005); Petition of Keene Sentinel, 136 N.H. 121 (1992). On April 19, 2022, Crawford is accused of choking "C.C.", an intimate partner, by wrapping his arm around her neck and applying pressure. (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. For purposes of this paragraph, a motion which seeks to exclude the introduction of evidence on the ground that the manner in which such evidence was obtained was in violation of the constitution or laws of this state or any other jurisdiction shall be treated as a motion to suppress and not a motion in limine. Three cases involved men whose alleged offenses included a violation of the Habitual Traffic Offender Law. Keyser is accused of struggling with them and pulling away causing serious bodily injury to Detective Brian Gillottes left arm. The State may be represented by the County Attorney of the county wherein the sentence was imposed or by the Attorney General. Go to, Photo Gallery of Sullivan House Construction, Prison Rape Elimination Act (PREA) Information. (j) The exact location of all recording, photographing, and broadcasting equipment within the courtroom shall be determined by the presiding justice. RSA 606:10 governs States appeals. The court shall inform counsel of the appointment immediately in person, if present, or by telephone or electronically if counsel for the detained defendant is unavailable at the court at the time of the arraignment.