New Hampshire Revised Statutes 597:1-a – Release or Detention of a Defendant Pending Sentence or Appeal
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I. After conviction for an offense punishable by death or, by a term of life imprisonment without possibility of parole, or for aggravated felonious sexual assault or felonious sexual assault, a defendant shall not be allowed bail.
II. Except as provided in paragraph I, the court shall order that a person who has been found guilty of a felony and who is awaiting imposition or execution of sentence be detained, unless the court finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of the person or to any other person or the community. If the court makes such a finding, it shall order the release of the person in accordance with the provisions of N.H. Rev. Stat. § 597:2.
III. (a) The court shall order that a person found guilty of a felony and sentenced to a term of imprisonment and who has made a good faith representation that he or she shall file a timely appeal be detained, unless the person establishes and the court finds:
(1) By clear and convincing evidence, taking into consideration the nature of the crime and the length of the sentence imposed, that the person is not likely to fail to appear to answer the judgment following the conclusion of the appellate proceeding, or to pose a danger to himself or herself or to any other person or the community, or to intimidate witnesses, or otherwise to interfere with the administration of justice; and
(2) By a preponderance of the evidence that the appeal will not likely be frivolous or taken merely for delay.
(b) Upon making the findings specified in subparagraph (a), the court shall order the release of the person in accordance with the provisions of N.H. Rev. Stat. § 597:2.
IV. Any person who has been found guilty of a misdemeanor and who is awaiting imposition or execution of sentence, or who has been sentenced to a term of imprisonment and who has filed an appeal shall, before the conclusion of the appellate proceeding, be released upon compliance with the provisions of N.H. Rev. Stat. § 597:2.
V. In any case where release is denied pending appeal, the court shall provide for the record the reasons for such denial.
VI. The court shall treat a defendant in a case in which an appeal has been taken by the state pursuant to the provisions of N.H. Rev. Stat. § 606:10, in accordance with the provisions of N.H. Rev. Stat. § 597:2, unless the defendant is otherwise subject to a release or a detention order.
II. Except as provided in paragraph I, the court shall order that a person who has been found guilty of a felony and who is awaiting imposition or execution of sentence be detained, unless the court finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of the person or to any other person or the community. If the court makes such a finding, it shall order the release of the person in accordance with the provisions of N.H. Rev. Stat. § 597:2.
Terms Used In New Hampshire Revised Statutes 597:1-a
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. (a) The court shall order that a person found guilty of a felony and sentenced to a term of imprisonment and who has made a good faith representation that he or she shall file a timely appeal be detained, unless the person establishes and the court finds:
(1) By clear and convincing evidence, taking into consideration the nature of the crime and the length of the sentence imposed, that the person is not likely to fail to appear to answer the judgment following the conclusion of the appellate proceeding, or to pose a danger to himself or herself or to any other person or the community, or to intimidate witnesses, or otherwise to interfere with the administration of justice; and
(2) By a preponderance of the evidence that the appeal will not likely be frivolous or taken merely for delay.
(b) Upon making the findings specified in subparagraph (a), the court shall order the release of the person in accordance with the provisions of N.H. Rev. Stat. § 597:2.
IV. Any person who has been found guilty of a misdemeanor and who is awaiting imposition or execution of sentence, or who has been sentenced to a term of imprisonment and who has filed an appeal shall, before the conclusion of the appellate proceeding, be released upon compliance with the provisions of N.H. Rev. Stat. § 597:2.
V. In any case where release is denied pending appeal, the court shall provide for the record the reasons for such denial.
VI. The court shall treat a defendant in a case in which an appeal has been taken by the state pursuant to the provisions of N.H. Rev. Stat. § 606:10, in accordance with the provisions of N.H. Rev. Stat. § 597:2, unless the defendant is otherwise subject to a release or a detention order.