Motion for Bail Reduction - New Hampshire

STATE OF NEW HAMPSHIRE

[CIRCUIT COURT—DISTRICT DIVISION / SUPERIOR COURT]

[COUNTY / LOCATION]

STATE OF NEW HAMPSHIRE

v. Case No. [CASE NUMBER]

[DEFENDANT NAME], Defendant.

MOTION TO RECONSIDER OR AMEND BAIL

AND CONDITIONS OF RELEASE

Defendant [DEFENDANT NAME], through counsel, moves under RSA 597:2 and RSA 597:6-e for review and amendment of the current [release / detention] order.

Choose the correct review route before filing. Use only the route that applies:

• Bail-commissioner order: RSA 597:6-e, I permits the person or the State to request a hearing on bail conditions before a justice within 48 hours, excluding Sundays and holidays.
• Circuit-court detention order: RSA 597:2, XIV(a) provides a hearing in circuit court within 36 hours after a motion to reconsider is filed, excluding weekends and holidays.
• De novo superior-court appeal from circuit-court detention: RSA 597:2, XIV(b) and RSA 597:6-e, II govern; the superior court must decide within 36 hours after filing, excluding weekends and holidays.
• Other superior-court review under RSA 597:6-e, II: A person or the State may move in superior court to revoke or amend release conditions set by a municipal or district court, a justice, or a bail commissioner. The motion is determined promptly and must be supported by the certified documents specified in that statute.

I. PROCEDURAL BACKGROUND

1. Defendant was arrested on [DATE AND TIME] and charged with [CHARGES AND STATUTES].
2. On [DATE], [BAIL COMMISSIONER / CIRCUIT COURT / OTHER JUSTICE] ordered [DETENTION / CASH BAIL / CORPORATE SURETY BAIL / OTHER CONDITIONS].
3. The present amount is $[AMOUNT], and the additional conditions are [LIST].
4. Defendant [remains detained because the financial condition cannot be met / has complied with conditions since DATE].
5. This Motion proceeds under [IDENTIFY ONE REVIEW ROUTE ABOVE].
6. If RSA 597:6-e, II applies, attach certified copies of the complaint, affidavit, warrant, bail slip, and every other court order relating to each charge for which the release or detention order issued.

II. CURRENT GOVERNING LAW

RSA 597:2, III(a) generally permits detention for no more than 36 hours after arrest, excluding weekends and holidays. The court then orders release on personal recognizance, an unsecured appearance bond, cash or corporate surety bail, and any further conditions the court requires unless it finds probable cause that release will not reasonably assure appearance or will endanger Defendant, another person, or the community.

RSA 597:2, III(b) creates a rebuttable presumption that a person will not abide by bail conditions when there is probable cause to believe that, in the present matter or while released on a previous offense, the person failed to appear, committed a felony, class A misdemeanor, or impaired-driving offense, or violated bail. At the bail hearing, Defendant may present evidence to rebut that presumption.

RSA 597:2, III(c) supplies a separate arraignment and potential-detention framework for the statute's listed “qualifying offenses.” Before using this template, counsel must determine whether the charge falls within that definition or another special detention provision.

Under RSA 597:2, IV, a financial condition may not result in detention solely because of that condition unless, after a hearing, the court finds probable cause that no reasonable alternative or combination of conditions will assure that Defendant will not commit a new offense, violate bail, or fail to appear. Defendant must have an opportunity to be heard. Under RSA 597:2, V, the court may consider all relevant factors bearing on Defendant's ability to post bail when determining the amount of an unsecured appearance bond or cash or corporate surety bail.

If release without further conditions will not reasonably assure appearance or will create the safety danger described in RSA 597:2, RSA 597:2, VII authorizes conditions reasonably necessary to address appearance and safety, including property subject to forfeiture, sufficient sureties or a cash deposit, and other reasonably necessary conditions.

III. GROUNDS FOR AMENDMENT

A. Appearance

Defendant's record supports release under [PERSONAL RECOGNIZANCE / UNSECURED BOND / REDUCED FINANCIAL CONDITION]:

• Residence and length of residence: [DETAILS];
• Family and community ties: [DETAILS];
• Employment or education: [DETAILS];
• Prior appearance history: [DETAILS, INCLUDING ANY FAILURES TO APPEAR AND EXPLANATIONS]; and
• Proposed supervision or reminders: [DETAILS].

If RSA 597:2, III(b)'s presumption applies, identify the alleged trigger and the evidence rebutting it: [FACTS AND EXHIBITS].

B. Safety and compliance

The relevant allegations and history are [FACTS]. Defendant proposes [NO CONTACT / CURFEW / TREATMENT / TESTING / ELECTRONIC MONITORING / SUPERVISION / OTHER CONDITION]. Explain how those conditions address the identified concern: [ANALYSIS].

If Defendant is charged with a “qualifying offense” under RSA 597:2, III(c), address why the record does not establish probable cause that release would endanger Defendant or the public: [FACTS].

C. Financial ability and reasonable alternatives

Defendant's verified income, assets, expenses, and available assistance are [DETAILS]. The present condition requires [AMOUNT OR PREMIUM], which Defendant cannot meet. The alternatives [LIST] would address new-offense, bail-violation, and nonappearance concerns without detention resulting solely from an unaffordable financial condition.

IV. REQUEST FOR RELIEF

Defendant respectfully requests that the Court:

1. Hold the hearing and issue the decision within the time required by the applicable review route;
2. Amend the present order to [PERSONAL RECOGNIZANCE / UNSECURED APPEARANCE BOND / $___ CASH OR CORPORATE SURETY BAIL];
3. Impose [PROPOSED CONDITIONS] in place of the current conditions; and
4. Grant any other lawful relief the Court finds appropriate.

Respectfully submitted,

____________________________________
[ATTORNEY NAME] (N.H. Bar No. [NUMBER])
[FIRM / OFFICE]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant

RULE 35 CERTIFICATIONS

Counsel certifies under New Hampshire Rule of Criminal Procedure 35(i) that:

1. The facts supporting this Motion are [apparent from the record / supported by the attached affidavit(s) / agreed in the attached writing]; and
2. Counsel made a good-faith effort to obtain concurrence in the requested relief by [METHOD AND DATE], and [the State concurs / the State objects / the State did not respond].

Counsel further certifies under Rule 35(c) that on [DATE], a copy of this Motion and all attachments was [mailed first class / delivered] to [OPPOSING COUNSEL AND ANY GUARDIAN AD LITEM].

____________________________________
[ATTORNEY NAME]

PROPOSED ORDER

The Court has considered the Motion, the record, and the applicable provisions of RSA 597:2 and RSA 597:6-e.

IT IS ORDERED that the Motion is [GRANTED / DENIED].

If granted:

1. The prior [release / detention] order is amended as follows: [TERMS].
2. Bail is set at [PERSONAL RECOGNIZANCE / UNSECURED APPEARANCE BOND / $___ CASH OR CORPORATE SURETY].
3. Defendant shall comply with these conditions: [LIST].

Date: _______________ _______________________________
[JUSTICE]

OFFICIAL SOURCES

• RSA 597:2 (including amendments effective Jan. 11, 2026): https://gc.nh.gov/rsa/html/LIX/597/597-2.htm
• RSA 597:6-e (review and appeal): https://gc.nh.gov/rsa/html/LIX/597/597-6-e.htm
• New Hampshire Rule of Criminal Procedure 35: https://www.courts.nh.gov/new-hampshire-rules-criminal-procedure/rule-35-filings-court