TITLE LIX
PROCEEDINGS IN CRIMINAL CASES

CHAPTER 594
ARRESTS IN CRIMINAL CASES

Arrest

Section 594:14


[RSA 594:14 effective until January 1, 2027; see also RSA 594:14 set out below.]
    594:14 Summons Instead of Arrest. –
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 RSA 173-B:1, I, violated a temporary or permanent protective order issued under RSA 173-B or RSA 458:16, or violated stalking provisions under RSA 633:3-a. The summons shall be in substantially the following form:
The State of New Hampshire
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.
[RSA 594:14 effective January 1, 2027; see also RSA 594:14 above.]
    594:14 Summons Instead of Arrest. –
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 RSA 173-B:1, I, violated a temporary or permanent protective order issued under RSA 173-B or RSA 458:16, or violated stalking provisions under RSA 633:3-a. The summons shall be in substantially the following form:
The State of New Hampshire
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, or fails to remain of good behavior, shall be guilty of a misdemeanor as outlined in this section and shall be subject to the penalties of paragraph V.
II. A summons may be issued after an arrest for a misdemeanor or violation in lieu of bail.
III. A person is guilty of an offense if, after having been released under this section, they:
(a) Knowingly fail to appear before a court as required by the conditions of their release; or
(b) Knowingly fail to remain of good behavior as required by their conditions of release.
IV. For the purpose of this section, "good behavior" means not committing any felony, misdemeanor, or major motor vehicle offense while on release. Proof of a criminal conviction shall not be required to show a violation of good behavior, but the state shall prove the commission of the underlying acts beyond a reasonable doubt.
V. Any person found guilty of violating this section shall be guilty of a misdemeanor.
VI. A term of imprisonment imposed pursuant to this section shall be consecutive to the sentence of imprisonment for any other offense.
VII. It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement that he or she appear, and that he or she appeared as soon as such circumstances ceased to exist.
VIII. Any person issued a summons under this section shall be subject to the conditions listed therein until bail is ordered or until the matter is resolved, whichever is earlier.

Source. 1941, 163:9. RL 423:28. RSA 594:14. 1965, 38:1. 1977, 588:11. 1983, 347:1, eff. Aug. 17, 1983. 2014, 194:1, eff. Sept. 9, 2014. 2019, 66:1, eff. Jan. 1, 2020. 2023, 54:1, eff. July 31, 2023. 2026, 75:1, eff. Jan. 1, 2027.