Chapter 596-A: Preliminary Examinations

When an accused person is brought before a circuit court, upon a warrant or complaint, for trial or preliminary examination, the proceedings may be adjourned for cause, from time to time, as shall be adjudged reasonable, and the accused may be detained in custody, or required to recognize, with or without sureties, for the accused's appearance, as the nature of the case may require.

Every circuit court district division shall, upon motion made by an accused in a preliminary examination for probable cause, at least 5 days before the date of hearing or any adjournment thereof, provide a recording of all proceedings before said court at the expense of the defendant, or, in the case of an indigent defendant, in accordance with the provisions of RSA 604-A. Every circuit court, upon its own motion, may cause a written transcript to be made of proceedings at a preliminary examination in any case where the magnitude of the offense may seem to require it.

The circuit court district division shall cause the complaint to be read to the accused and shall inform the accused of right to retain counsel and of the right to have a preliminary examination. The court shall also inform the accused that they are not required to make a statement or to testify, but that any statement or testimony given by the accused may be used against them. The court shall allow accused reasonable time and opportunity to consult, including an adjournment as provided in RSA 596-A:1, if necessary.

The accused shall not be called upon to plead, if the offense is beyond the jurisdiction of the court to decide. If the accused waives preliminary examination thereof, the court shall hold the accused to appear in superior court as provided in RSA 596-A:13. If the accused does not waive preliminary examination, the court shall hear the evidence within a reasonable time. The accused may cross-examine the witnesses against them and may introduce evidence in their own behalf.

If the accused elects to be examined himself or herself, the accused shall be sworn, but it shall always be a sufficient answer that he or she declines to answer the question; and if at any time the accused declines to answer further, the examination shall cease.

Any of the witnesses for or against the accused may be excluded from the place of examination, and be kept separate and apart from each other during the examination of other witnesses.

If from the evidence it appears to the circuit court district division that there is probable cause to believe that an offense has been committed which is beyond the jurisdiction of the court to try and that the accused committed it, or if the accused waives preliminary examination thereof, the court shall hold the accused to appear in superior court as provided in RSA 502-A:13-a or RSA 592-A:4-a; otherwise, if no probable cause appears, the accused shall be discharged from custody. If bound over, unless the offense is bailable only by the superior court as provided in RSA 597:4, the accused may be admitted to bail by the court as provided in RSA 597, but where the offense is bailable only by the superior court, the accused shall be committed by warrant to a county jail pending further proceedings in superior court.