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New Hampshire

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to have an issue of law or fact reconsidered by the trial court, for a new trial based on legal errors in the proceedings, to correct the sentence, or to have the sentence reconsidered by the Sentence Review Division. In certain situations, the Department of Corrections or the prosecutor may ask the court to suspend a sentence of incarceration.
  • Victims can receive information about post-trial motions from the Victim/Witness Assistance Program in the county where the case was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The District Attorney’s Office, where the case was prosecuted, represents the state on direct appeal. To receive appeal updates, victims can contact the  Victim/Witness Assistance Program in the county where the case was prosecuted.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Criminal Justice Bureau of the New Hampshire Attorney General’s Office represents the State in state post-conviction proceedings. To receive information about state post-conviction, victims can contact the Attorney General’s Office of Victim/Witness Assistance by phone at (603) 271-3658. For additional assistance, victims can contact the Victim/Witness Assistance Program in the county where the case was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under New Hampshire law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Criminal Justice Bureau of the New Hampshire Attorney General’s Office represents the State in federal habeas corpus proceedings. To receive updates, victims can contact the Attorney General’s Office of Victim/Witness Assistance by phone at (603) 271-3658. For additional assistance, victims can contact the Victim/Witness Assistance Program in the county where the case was prosecuted.

Early Release Programs

These can include parole, medical parole, or earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in New Hampshire, including parole, medical parole, or earning “credits” to reduce their sentences for good behavior or participation in vocational, educational, or substance-abuse programs in prison.
  • Victims can track the status of an incarcerated person via the Department of Corrections (DOC) locator. For assistance, victims can contact the DOC Victim Services Division by phone at (603) 271-7351 or by email. Victims may also register for ongoing updates about a convicted individual’s custody status through New Hampshire’s Victim Information and Notification Everyday (VINE) system. Victims may register online or by calling 1-800-542-9904.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under New Jersey law. The Executive Council supports the governor in this work. In New Hampshire, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • For clemency notification, victims should contact the Attorney General’s Office of Victim/Witness Assistance by phone at (603) 271-3658.

Victims Rights
Post-Conviction

In New Hampshire, victims have the right to:
  • Fairness and respect for their dignity and privacy, freedom from intimidation, and reasonable protection
  • Notification of an appeal, explanation of the appeal process, and the time, place, and result of the appeal*
  • Be present at appellate arguments and post-conviction hearings
  • Notification of sentence review and sentence reduction hearings*
  • Communicate with the prosecution
  • Notification of status changes such as prison release, interstate transfer, escape, and, if requested, parole board hearings*
  • A free copy of the complete case file
  • Be heard or submit a statement to the parole board
  • Notification of the parole board’s decision*
  • Request restitution and apply for crime victim’s compensation
  • Prompt return of property when no longer needed as evidence

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the New Hampshire Victims’ Compensation Program reimburses victims for expenses related to the crime, such as medical care, lost wages, and funeral costs.
  • Victims may request information about unpaid restitution through the New Hampshire Department of Corrections Division of Field Services. Victims can find out additional information about the Victims’ Compensation Program online or by calling 603-271-1284. Applications must be submitted without two years of the crime, with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in New Hampshire

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