Bail and Recognizance in NH
A person who is arrested in New Hampshire may request the services of a bail commissioner "at any time" prior to his or her arraignment in court. A bail commissioner may set the amount of bail "in the same manner as the court might do."
If a person requests the services of a bail commissioner, he or she will be obligated to pay the bail commissioner's fee, which is $40.00. This fee is not the bail itself and will not be returned at any time.
Setting Bail in NH
Bail may be set in either (1) a personal recognizance amount, (2) a cash or surety amount, or (3) a cash only amount.
If a personal recognizance bail is set, no money needs to be posted. The person is released on his or her own promise of good behavior.
If a cash or surety bail amount is set, the person must either post the specific bail amount, or may post bail through a bail bondsman (also called a bail agent). Bondsmen, must be registered with the New Hampshire Secretary of State, and must be authorized to write bail in the county. The bail bondsman will typically require a portion of the bail (at least 10%), collateral for the full bail amount (such as the title to a car or deed to a house), and will charge a fee for posting the bond. For a list of authorized bail agents in New Hampshire, click here.
If a cash only bail is set, the person must post the entire bail amount. The person may not use collateral to post bail. At the conclusion of the case, the court will return the bail to the person who posted it.
Typical New Hampshire Bail Conditions
A judge or bail commissioner may also require, as a condition to a person's release, that the person follow certain conditions. Typical bail conditions include: no illegal drugs or excessive alcohol, no contact with the alleged victim or a witness, or no possessing weapons.
For more information about obtaining bail in NH, please contact the experienced NH lawyers at Samdperil & Welsh.