Legal Question in Criminal Law in New Hampshire

Re: criminal cases

A probable cause hearing, also known as a preliminary hearing, is a district court hearing on a felony charge. At the hearing the State must prove to the jusdge that it is more likely than not that a person committed the charged felony. If probable cause is found, then the case is sent to superior court to await a grand jury indictment. If probable cause is not found, then the case is dismissed (Note: even if probable cause is not found, the grand jury can still return an indictment, which is the formal felony charge in superior court).

A waiver is an agreement that probable cause exists and the case is sent to superior court without a hearing.

Note: if you are charged with a felony, you need a lawyer to help you. There are many good reasons to both have a probable cause hearing and to waive the hearing.

In any event, if the case is transferred to superior court be sure that the superior court has your correct address, you are usually notified of the first superior court hearing by mail and if you do not appear, the court will issue an arrest warrant.