A Summons Instead of Arrest
RSA 594:14 — a written summons for a misdemeanor or violation, and a misdemeanor for not appearing
Where a peace officer has probable cause to believe a person committed a misdemeanor or a violation, the officer may hand the person a written summons in place of an arrest. A summons may also be issued after an arrest for a misdemeanor or violation, in place of bail.
Who handles this in New Hampshire: New Hampshire Public Defender and New Hampshire Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the New Hampshire directory.Holding a paper like this? Read my paper can read one for you, free with an account.
A summons is not used where the officer has probable cause of domestic abuse, a violation of a protective order, or stalking.
Not appearing is a misdemeanor. The summons names the court, the day and the hour. A person who fails to appear in answer to it is guilty of a misdemeanor, and a warrant for arrest may issue.
The summons itself says that a person charged with a class A misdemeanor or a felony who cannot afford a lawyer fills out an application for court appointed counsel and delivers it to the circuit court, and that the application may be made before the arraignment.
Sources for this section (1)
- RSA 594:14 — Summons Instead of Arrest
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New Hampshire attorney.