Legal Question in Criminal Law in New Hampshire
felony sex assault
In the paper it said a man was indicted on six felony sex assaults on someone under 13, which is totally untrue and that he has not been arrested but would be arraigned, possibly on the morning of October 29. Is that legal ?
1 Answer from Attorneys
Re: felony sex assault
For felony offenses, typically the police arrest a person and later bring an indictment. They can, however, indict a person having never arrested them. In order for an indictment to be brought, the jury must find probable cause to believe an offense was committed. This is far short of proof beyond a reasonable doubt, which is what the prosecutor will have to show in order for the person to be convicted at trial.
The newspaper can publish information about the indictments, which are a public record.
Now that the person has been indicted, the court will schedule an arraignment. At this hearing, the court will set bail and the person will almost certainly plead not guilty. A trial date will be scheduled and if they can't afford a lawyer, they can apply for a court appointed lawyer
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