Waiver of counsel, 2014
A juvenile may waive his or her right to counsel when the juvenile is represented by a non-hostile parent, guardian, or custodian, both agree to waive counsel, and the court deems the waiver to be made competently, voluntarily and with full understanding of the consequences.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In New Hampshire, an attorney for a juvenile can be appointed at the following points in the process: Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the state level
Organizer: New Hampshire Public Defender
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
Both juvenile and adult statutes provide the legal authority for New Hampshire indigency law which provides a determination of indigency. Indigency is judicially determined.
Courtroom shackling, 2015
Restricted by legislature
New Hampshire statute RSA 126-U:13 states that the judge may order use of mechanical restraints in the courtroom only when reasonably necessary to maintain order, prevent the child's escape, or provide for the safety of the courtroom. ‘Whenever practical’, the judge shall provide the child and the child's attorney an opportunity to be heard to contest the use of restraints before use. If ordered, the judge shall make (supporting) written findings of fact.
Sex offender registration, 2015
In New Hampshire, the juvenile statutes are the legal authority for deciding juvenile competency issues.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity