Drug Trafficking Laws in New Hampshire

Selling, manufacturing or possessing with intent to sell a controlled drug is punished by drug and weight. The top tier (for example, 5 grams or more of heroin, crack or fentanyl-class drugs, or 5 ounces or more of cocaine or methamphetamine) carries up to 30 years and a $500,000 fine (up to life with a prior offense). The next tier (for example, 1 gram or more of heroin, crack or fentanyl, or one ounce or more of methamphetamine) carries up to 20 years and $300,000 (up to 40 years with a prior); smaller amounts of most Schedule I-IV drugs carry up to 7 years and $100,000. A 'drug enterprise leader' faces a mandatory minimum of 25 years and up to life, and sales within 1,000 feet of a school can double the penalty.

New Hampshire's rule on court-appointed lawyers: When a defendant charged with a felony or a class A misdemeanor appears without counsel, the court advises the defendant of the right to counsel and that counsel will be appointed if the defendant cannot afford it. The court instructs the defendant to complete a financial statement under oath and, if satisfied the defendant is financially unable to obtain counsel, appoints counsel — first the public defender program (RSA 604-B), then a contract attorney, then any qualified attorney. The court shall appoint counsel without formal application where mental illness interferes with the defendant's ability to communicate or apply. RSA 604-A:2

Lawyers set their own fees, and New Hampshire has rules on how they may charge. See hiring a criminal defense lawyer in New Hampshire for fee rules, how to check a lawyer's license and free help.

How release before trial works in New Hampshire: At the defendant's appearance, the court orders the person released on personal recognizance or an unsecured appearance bond, released on conditions, or detained. The court shall not impose a financial condition that will result in the pretrial detention of the person solely as a result of that financial condition, unless after a hearing it finds probable cause that no reasonable alternative assures compliance (§ 597:2, IV). The court may detain a person if it finds probable cause that release will not reasonably assure appearance or will endanger the safety of the person or the public (§ 597:2, III(a)). Persons charged with listed qualifying offenses (including homicide, certain assaults, sexual assault, kidnapping and robbery) are not brought before a bail commissioner and are detained pending arraignment, which must occur within 36 hours excluding weekends and holidays (§ 597:2, III(c)). A person charged with a class B misdemeanor is released on personal recognizance pending arraignment unless release would endanger safety (§ 597:2, XIII). A detained person may seek a hearing on reconsideration within 36 hours after the filing of the motion, excluding weekends and holidays (§ 597:2, XIV(a)). RSA 597:2 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New Hampshire expungement and record sealing rules.