New Hampshire Revised Statutes 594:14 – Summons Instead of Arrest
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I. In any case in which a peace officer has probable cause to believe that a person has committed a misdemeanor or violation, the officer may issue to the person in hand a written summons in lieu of arrest. This shall not apply if the peace officer has probable cause to believe that a person has committed abuse as defined under N.H. Rev. Stat. § 173-B:1, I, violated a temporary or permanent protective order issued under N.H. Rev. Stat. Chapter 173-B or N.H. Rev. Stat. § 458:16, or violated stalking provisions under N.H. Rev. Stat. § 633:3-a. The summons shall be in substantially the following form:
The State of New Hampshire
For details, see N.H. Rev. Stat. 651:2
To ………………..
You are hereby notified to appear before the ………. circuit court of the State of New Hampshire, district division, to be holden in ………. on the ….. day of ………. 20 … at ….. o’clock in the forenoon (afternoon) to answer to a complaint (to be filed in said court) charging you with …. in violation of the laws of the State of New Hampshire. If you are charged with a class A misdemeanor or felony and you want a lawyer to represent you at the arraignment and throughout your case, but you cannot afford to hire a lawyer, you must fill out an application for court-appointed counsel and deliver it to the circuit court identified above as soon as possible. The court will appoint an attorney to represent you if your application shows that you are eligible. If you believe that you are eligible for appointed counsel, you may apply prior to your arraignment.
Hereof fail not, as you will answer your default under the penalty of the law in that behalf made and provided.
Pending appearance as described herein, you shall remain of good behavior.
The State of New Hampshire
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,000 |
Terms Used In New Hampshire Revised Statutes 594:14
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Arrest: is the taking of a person into custody in order that he may be forthcoming to answer for the commission of a crime. See New Hampshire Revised Statutes 594:1
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Felony: is a ny crime that may be punished by death or imprisonment in the state prison. See New Hampshire Revised Statutes 594:1
- 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
- Officer: or "peace officer" is any sheriff or deputy sheriff, mayor or city marshal, constable, police officer or watchman, member of the national guard acting under orders while in active state service ordered by the governor under N. See New Hampshire Revised Statutes 594:1
- peace officer: is a ny sheriff or deputy sheriff, mayor or city marshal, constable, police officer or watchman, member of the national guard acting under orders while in active state service ordered by the governor under N. See New Hampshire Revised Statutes 594:1
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- Summons: Another word for subpoena used by the criminal justice system.
To ………………..
You are hereby notified to appear before the ………. circuit court of the State of New Hampshire, district division, to be holden in ………. on the ….. day of ………. 20 … at ….. o’clock in the forenoon (afternoon) to answer to a complaint (to be filed in said court) charging you with …. in violation of the laws of the State of New Hampshire. If you are charged with a class A misdemeanor or felony and you want a lawyer to represent you at the arraignment and throughout your case, but you cannot afford to hire a lawyer, you must fill out an application for court-appointed counsel and deliver it to the circuit court identified above as soon as possible. The court will appoint an attorney to represent you if your application shows that you are eligible. If you believe that you are eligible for appointed counsel, you may apply prior to your arraignment.
Hereof fail not, as you will answer your default under the penalty of the law in that behalf made and provided.
Pending appearance as described herein, you shall remain of good behavior.
| Dated at …………… | Name ……………….. |
| the …………… day of ….. 20 ………. | Title ……………………. |
Upon failure to appear or to remain of good behavior, a warrant of arrest may issue. Any person who fails to appear in answer to such summons shall be guilty of a misdemeanor.
II. A summons may be issued after an arrest for a misdemeanor or violation in lieu of bail.