New Hampshire Public Defender

If you are charged with a crime in New Hampshire by New Hampshire authorities and the potential punishment includes jail or imprisonment, then you may be entitled to the appointment of a New Hampshire attorney to represent you.  More specifically, if you are charged with a Class A Misdemeanor or any Felony under New Hampshire law, then you may be entitled to appointed counsel.  If the police gave you a piece of paper entitled a "complaint" or if you received an "information" or an "indictment," you can determine whether you are charged with a Class A Misdemeanor or a Felony by reviewing that document.

You are only entitled to an appointed attorney if you are not able to afford to hire your own, private attorney. Whether you are able to afford to hire a private attorney is a matter of fact which is determined by the courts in a written application process.  The District Courts, the Superior Courts and the Supreme Court of the State of New Hampshire determine financial eligibility for the appointment of counsel in New Hampshire criminal cases.  The process involves submitting a written application.  In the application you will be asked to provide detailed personal financial information.  The application is submitted to the court through the Clerk of Court's office in the New Hampshire court where your criminal charges are pending.  A judge then reviews the application and grants or denies the request for appointed counsel.  If you are facing New Hampshire criminal charges, you believe you are not able to hire a private attorney and you wish to be represented by an attorney, you should submit an application for the appointment of counsel to the court where you are charged.

Please note that, by law, the New Hampshire Public Defender is not able to determine your eligibility for an appointed attorney.  You must apply to the court.  The New Hampshire Public Defender may only represent you after having been appointed by a New Hampshire court which has determined that you are eligible for appointed counsel.

Please also note that the New Hampshire Public Defender does not represent criminal defendants facing federal charges (even in federal court in Concord, NH) or charges in other states.  If you have questions about seeking appointed counsel in those locations, you may, however, contact one of our offices for information and we will help as much as possible.

Very often, but not always, the New Hampshire Public Defender is the "appointed attorney."  In certain instances the courts will appoint "contract" or private attorneys rather than the New Hampshire Public Defender.

If you want to make an application for an appointed attorney, or if you have any questions at all about whether you are eligible, go to the court where your charges are pending.  Go the Clerk's Office for your court and ask to speak to someone who can help you apply for an appointed attorney in your criminal case.  The locations, directions and phone numbers for all New Hampshire Courts are on this page entitled "Find Your NH Court."

For further additional information, you may call for "citizen advice" to the New Hampshire Public Defender Office which covers the county where your case is pending.  Here is a list of the New Hampshire Public Defender Offices and the counties they cover.