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Private Prosecutions

Reviewed 03/17/2022
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New Hampshire Statutes

New Hampshire Cases

Federal Cases

"[In] New Hampshire, initiation of the criminal process is not limited to the State or to similar state, county, or municipally employed attorneys. Under New Hampshire law, individuals can initiate private prosecutions for criminal offenses that does [sic] not carry a possible penalty of imprisonment. Since as early as 1827, New Hampshire courts have recognized the potential 'dangers to both the public interest and to the sound administration of justice' that private prosecutions pose. … The ability to prosecute misdemeanor crimes similarly extends to law enforcement officers, who commonly do so without the approval or guidance of a prosecuting attorney. '[T]he prosecution of misdemeanors by police officers is a practice that has continued in one form or another since 1791 and is still permissible under existing statutes.' This practice is also implicitly recognized, if not expressly authorized, by statute. [N.H. Rev. Stat. 41:10-a]."

New Hampshire Court Rules

Please remember that this guide is for information purposes only and is not comprehensive.  
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. 
NH Law About ... is not a substitute for the services of an attorney.