New Hampshire Revised Statutes 604-A:2-c – Determination of Financial Ability
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Terms Used In New Hampshire Revised Statutes 604-A:2-c
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Personal property: All property that is not real property.
- 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
The determination of a defendant‘s financial ability to obtain counsel shall be made by comparing the defendant’s assets and incomes with the minimum cost of obtaining qualified private counsel. The defendant’s assets shall include all real and personal property owned in any manner by the defendant, excluding only those assets which are exempt from attachment and execution under N.H. Rev. Stat. § 511:2. The defendant’s income shall include all income, whether earned or not, from any source, unless exempt from attachment under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents. In determining a defendant’s financial ability to obtain counsel, the rules adopted by the commissioner under N.H. Rev. Stat. § 604-A:10, IV, shall contain a method for considering the defendant’s ability to borrow some or all of the necessary funds. The rules shall also consider the possibility of the defendant paying his counsel fees in periodic installments.