2016 New Hampshire Revised Statutes
Title LIX - PROCEEDINGS IN CRIMINAL CASES
Chapter 601 - INDICTMENTS, INFORMATIONS, AND COMPLAINTS
Section 601:2 - Waiving Indictment.

NH Rev Stat § 601:2 (2016) What's This?

[RSA 601:2 effective until January 1, 2016 and as provided by 2015, 249:17; see also RSA 601:2 set out below.]
    601:2 Waiving Indictment. –
    Any person who has been bound over or committed by a justice or district or municipal court under the provisions of RSA 592-A:4 or 6 for trial in the superior court upon a complaint charging a crime not punishable by death, and who desires to waive indictment, may apply in writing to the superior court for prompt arraignment upon such complaint. Upon the filing of such an application, the county attorney may, with the approval of the court, proceed against the defendant by complaint, and in such case he shall be held to answer and the court shall have as full jurisdiction of the complaint as if an indictment had been found. The arraignment of the defendant shall be at such time as the court may designate. Every person when so committed or bound over upon such a complaint shall be notified by the court of his right to apply for waiver of indictment and prompt arraignment as aforesaid.

[RSA 601:2 effective January 1, 2016 and as provided by 2015, 249:17; see also RSA 601:2 set out above.]


601:2 Waiving Indictment. --
    Any person who has been committed by a justice for trial in the superior court upon a complaint charging a crime not punishable by death, and who desires to waive indictment, shall notify the court. Upon such notification, the attorney general or the county attorney may, with the approval of the court, proceed against the defendant by complaint, and in such case the defendant shall be held to answer and the court shall have as full jurisdiction of the complaint as if an indictment had been found. The arraignment of the defendant shall be at such time as the court may designate. Every person when so committed upon such a complaint shall be notified by the court of his right to apply for waiver of indictment and prompt arraignment as aforesaid.

Source. 1945, 38:1, eff. March 6, 1945. 2015, 249:13, eff. Jan. 1, 2016 and as provided by 2015, 249:17.

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