Pros and Cons of Going to Trial in New Hampshire

Despite what Thursday night television may have you believe, most criminal cases do not go to court. Overcrowded jails and filled court calendars generally result in deals being made between the prosecutor and defense attorney behind closed doors.

However, this is not always the deal. If you have been charged with a serious criminal accusation in the state of New Hampshire, it may be in your best interest to proceed to trial. It’s important to note that all cases are unique and whether or not you go to trial will depend on the particulars of your specific case. At Hayes Law PLLC, our Nashua-based attorney has the expertise to know whether or not proceeding with a trial would benefit or hurt your case. 

2 Reasons to Avoid Trial in New Hampshire

More often than not, your defense lawyer will attempt to avoid going to trial. This may be because of a state-issued attorney’s inexperience or because they know it is not in your best interest. Two reasons to avoid trial in New Hampshire include: 

Going to Trial is More Expensive

While awaiting trial may provide you with more time for your case, this is not always beneficial. The years can drag out and all of the money spent on a lawyer and other fees will begin to add up. Additionally, you will need to take time off work for the trial, which can leave you without income for a considerable amount of time. 

You May Have to Face a Judge

New Hampshire has 11 Superior Court sites, with 20 full-time judges currently holding office. It is not likely you will have much warning about which judge has been appointed to your case and, even so, it is likely that a state-appointed attorney may not have any previous experience actually appearing before a judge. This lack of expertise can negatively affect your case and outcome and often can result in more severe sentencing than you would receive with a plea deal.

2 Benefits of Facing Trial in New Hampshire

A criminal record can change your life. Jobs are harder to secure, visitations with your children may become less frequent, and your overall mental and physical health often takes a toll. Facing criminal accusations is serious, and there are times when you may need to take your case to trial. With an experienced criminal defense lawyer on your side, the following aspects of going to trial may prove to be beneficial: 

Going to Trial Allows More Time

As stated before, facing trial in New Hampshire can sometimes take years, which allows for your criminal defense attorney to fully prepare for your case. Time-sensitive evidence can be gathered and arguments can be sharpened while you await your court date. 

Additionally, if you are possibly looking at jail time, this may allow you to spend more time with your family and friends before the arrest. 

You May Have Access to a Jury

Depending on your criminal case in the Granite State, you may present your case in front of a jury. Typically, that distinction depends on the following:

  • If you have been charged with a misdemeanor, these are normally heard in front of a judge in District Court. 
  • If you have been charged with a felony, these are normally heard in front of a jury in Superior Court. 

A jury will be selected with the help of your criminal defense attorney with consideration to your case. A jury of your peers may be more sympathetic to your cause and result in a better outcome than a plea bargain with the prosecutor.

Have a Reputable New Hampshire Attorney By Your Side by Contacting Hayes Law PLLC

The attorney at Hayes Law PLLC is aggressive, reliable, and knows which option is best for you and your specific criminal case. If that means going to court, our lawyer will be ready to fight for you. We know the New Hampshire court system well and will represent you in a way that a state-appointed defense attorney will not. 

We have helped many New Hampshire clients face lesser charges and relieved some of the stress that comes with navigating a criminal prosecution. To speak to our attorney today for free, call (978) 314-4950 or use our online contact form.


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