New Hampshire Criminal Defense Representation for Children

In New Hampshire, the legal process for individuals under 18 differs significantly from that of adults, except in cases of the most serious felonies. Instead of being prosecuted under the standard criminal laws, minors are handled within a separate legal framework known as "juvenile delinquency" laws. This system operates within a distinct court structure: the family courts, rather than the district and superior courts where adult criminal cases are heard. With these distinct differences, it is crucial to hire a defense attorney that is experienced in defending children in these specific types of cases.

Effective July 1, 2015, the cutoff age between "children" and "adults" for purpose of the criminal justice system in NH was raised from age 17 to age 18. This means that less teenagers in trouble with the law will be warehoused in jail, and will instead receive the rehabilitative services that they need. The juvenile court system is also closed to the public, protecting the privacy of vulnerable teenagers and helping avoid publicity in the news and on the internet, which can follow a young person for a long time. ...

However, under the State and Federal Constitutions, children in trouble with the law still enjoy most of the constitutional protections afforded to adults, such as:

• The right to a trial.
• The right not to be found guilty unless guilt is proven beyond a reasonable doubt.
• The right to confront and cross-examine witnesses.
• The right to testify in one's own defense and call witnesses in one's own defense, through the subpoena process.
• The right to remain silent, during trial and also at all stages of the proceeding, including when the police are investigating the case. In fact, the New Hampshire Supreme Court has set a higher standard for the police when they seek to obtain a "waiver" of the right to remain silent from a child, in order to conduct an interrogation.

However, in most cases, children do not have the right to a jury trial.

How a Defense Lawyer With Experience Representing Children Can Help

In order to effectively exercise the fundamental constitutional rights listed above, the child must be represented by a skilled criminal and defense attorney with experience in juvenile court. Attorneys Ted Lothstein and Richard Guerriero both have extensive experience working with children and their families in the family court.