Motion to Dismiss (Criminal) - New Hampshire

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Statement of Facts
4. Grounds for Dismissal
5. Legal Argument
6. Prayer for Relief
7. Certificate of Service

THE STATE OF NEW HAMPSHIRE

[________________________________] SUPERIOR COURT

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], of [LAW FIRM NAME], respectfully moves this Court for an order dismissing the ☐ Indictment / ☐ Information / ☐ Complaint filed in the above-captioned matter pursuant to Rule 15 of the New Hampshire Rules of Criminal Procedure, and applicable provisions of New Hampshire law. This motion is made on the grounds set forth below and is supported by any accompanying memorandum or exhibits and the record in this case.

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged by way of ☐ Indictment / ☐ Information / ☐ Complaint with the following offense(s):

[Provide a concise factual summary of the relevant procedural history and facts giving rise to this motion.]

[________________________________]

III. GROUNDS FOR DISMISSAL

Defendant seeks dismissal on the following grounds (check all that apply):

☐ A. Charging Instrument Fails to Describe an Offense (RSA 601:4; N.H. Const. Pt. I, Art. 15)
The charging instrument does not describe the charged offense fully and plainly for the reasons stated below.

☐ B. Speedy Trial Violation (N.H. Const. Pt. I, Art. 14; U.S. Const. Amend. VI)
There has been an unreasonable delay in bringing Defendant to trial. The case was initiated on [__/__/____] and Defendant has not been brought to trial as of [__/__/____].

☐ C. Statute of Limitations (RSA 625:8)
After accounting for the charged offense, any extension or tolling under RSA 625:8, and the earliest commencement event under paragraph V, the prosecution was commenced beyond the applicable limitations period of [________________________________]. The conduct occurred or ended on [__/__/____]; the earliest process, indictment, or information date was [__/__/____].

☐ D. Double Jeopardy (U.S. Const. Amend. V; N.H. Const. Pt. I, Art. 16)
Defendant has previously been placed in jeopardy for the same offense. The prior proceeding concluded on [__/__/____] in Case No. [________________________________].

☐ E. Due Process Violation (U.S. Const. Amend. XIV; N.H. Const. Pt. I, Art. 15)
The prosecution's conduct has violated Defendant's due process rights, including but not limited to: [________________________________].

☐ F. Defective Charging Instrument
The ☐ Indictment / ☐ Information / ☐ Complaint is fatally defective because: [________________________________].

☐ G. Prosecutorial Misconduct
The prosecution engaged in misconduct that has prejudiced Defendant's rights, specifically: [________________________________].

☐ H. Lack of Jurisdiction
This Court lacks subject matter jurisdiction over the charged offense because: [________________________________].

☐ I. Grand Jury Irregularities
The grand jury proceedings were tainted or the indictment was improperly returned because: [________________________________].

☐ J. No Timely Indictment After Bindover (N.H. R. Crim. P. 8(d)(1))
The case was initiated in circuit court and bound over on [__/__/____], and no indictment was returned within 90 days. State whether the prosecution moved for an extension before that deadline: [________________________________]. If Rule 8(d)(1) applies, dismissal is without prejudice and the bail orders are vacated.

IV. LEGAL ARGUMENT

A. Motion to Dismiss — Defective Charging Instrument

RSA 601:4 requires an indictment, information, or complaint to set forth the offense fully, plainly, substantially, and formally. Part I, Article 15 of the New Hampshire Constitution requires the offense to be fully and plainly described to the accused. Identify the missing or unclear allegation and explain how it prevents notice of the charged offense.

[________________________________]

B. Speedy Trial

The speedy-trial claim arises under Part I, Article 14 of the New Hampshire Constitution and the Sixth Amendment to the U.S. Constitution. The New Hampshire Supreme Court applies the four Barker v. Wingo, 407 U.S. 514, 530 (1972), factors: length and reason for delay, assertion of the right, and prejudice. State v. Fellers, No. 2015-0014, order at 1–2 (N.H. Sept. 18, 2015). The clock considered for this analysis begins at arrest or charge, whichever is earlier. The length is a trigger for analysis, not a fixed one-year entitlement to dismissal; the remaining factors and the cause of delay matter. See State v. Griffin, No. 2019-0503, slip op. at 3–4 (N.H. Jan. 11, 2022).

[________________________________]

C. Statute of Limitations

Under RSA 625:8, murder may be prosecuted at any time. The general periods are six years for class A and B felonies, one year for misdemeanors, and three months for violations. Paragraphs I(e)–(f) and III provide offense-specific periods and extensions; paragraph VI tolls the clock in stated circumstances. Time generally starts the day after all elements occur or a continuous course ends (paragraph IV). Under paragraph V, prosecution starts at the earliest issued warrant or other process, returned indictment, or filed information. Apply the charged offense and record dates before claiming a bar.

[________________________________]

D. Double Jeopardy

Part I, Article 16 of the New Hampshire Constitution bars trial for the same crime or offense after an acquittal. The Fifth Amendment to the U.S. Constitution also protects against former jeopardy. State the prior disposition, the same-offense basis, and any issue concerning when jeopardy attached before requesting dismissal.

[________________________________]

E. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the ☐ Indictment / ☐ Information / ☐ Complaint and all charges against Defendant;
2. Order the release of Defendant from any conditions of bail or pretrial supervision;
3. Grant such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], N.H. Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], New Hampshire [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Motion to Dismiss was served upon the following parties by the method indicated:

☐ Personal delivery / hand delivery
☐ U.S. Mail, first class, postage prepaid
☐ Electronic filing / service via [________________________________]

Prosecuting Counsel: [________________________________]
[ADDRESS]
[CITY], New Hampshire [ZIP CODE]

Dated: [__/__/____]

________________________________________
[ATTORNEY NAME]

NEW HAMPSHIRE-SPECIFIC NOTES

• N.H. R. Crim. P. 15(b)(1): Governs the deadline for pretrial motions in Superior Court, including motions to dismiss, motions to suppress, and Daubert motions. The deadline is sixty (60) days after entry of a plea of not guilty, or fifteen (15) days after the dispositional conference, whichever is later.
• Speedy Trial: Apply the constitutional Barker v. Wingo factors to the actual delay and its causes; do not assume a fixed one-year threshold for dismissal.
• RSA 625:8 (Limitations): Murder has no limitation; the general periods are six years for class A and B felonies, one year for misdemeanors, and three months for violations. Check the offense-specific extensions in III, including the minor-victim rule in III(d), and the commencement and tolling provisions in IV–VI.
• Grand Jury: RSA 601:3-a allows a defendant charged with a noncapital felony to waive indictment, subject to superior-court approval. Rule 8(d)(1) supplies a separate 90-day post-bindover dismissal rule unless the prosecution timely seeks an extension.
• Superior Court vs. Circuit Court: The circuit court's district division may arraign a defendant charged with a felony and hold a preliminary examination before bindover to the superior court (RSA 490-F:3-a).

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed New Hampshire attorney before use.