Rule 11 Pleas

(a) Circuit Court-District Division

(1) Violations. A plea of guilty or nolo contendere to a violation may be accepted by the court without formal hearing unless the violation carries a statutorily enhanced penalty upon a subsequent conviction subjecting the defendant to incarceration.

(2) Plea by Mail. In all cases in which a defendant may enter a plea by mail pursuant to RSA 262:44, the defendant may enter a plea by mail in accordance with the procedures provided by RSA 502-A:19-b.

(3) Misdemeanors and Enhanced Violations. Before accepting a plea of guilty or, with the consent of the court, a plea of nolo contendere, to any misdemeanor, or to a violation that requires the defendant to appear for arraignment and that carries a statutorily enhanced penalty upon a subsequent conviction, the court shall personally address the defendant and determine on the record that:

(A) There is a factual basis for the plea;

(B) The defendant understands the crime charged and the factual basis of that charge;

(C) The defendant’s plea is knowing, intelligent and voluntary;

(D) The defendant’s plea is not the result of any unlawful force, threats or promises; and

(E) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form.

(4) Acknowledgment and Waiver of Rights Forms. The appropriate Acknowledgment and Waiver of Rights form shall be read and signed by the defendant, counsel, if any, and the presiding justice.

(b) Superior Court

(1) Deadlines for Filing Plea Agreements. The court may establish deadlines for the filing of plea agreements.

(2) Pleas. Before accepting a plea of guilty or, with the consent of the court, a plea of nolo contendere, to any felony, misdemeanor, or violation that carries a statutorily enhanced penalty upon a subsequent conviction, except as provided in (4) below, the court shall personally address the defendant and determine on the record that:

(A) There is a factual basis for the plea;

(B) The defendant understands the crime charged and the factual basis of that charge;

(C) The defendant’s plea is knowing, intelligent and voluntary;

(D) The defendant’s plea is not the result of any unlawful force, threats or promises; and

(E) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form.

(3) Acknowledgment and Waiver of Rights Forms. The appropriate Acknowledgment and Waiver of Rights form shall be read and signed by the defendant, counsel, if any, and the presiding justice.

(4) The court may accept a guilty plea and sentence the defendant to a misdemeanor or violation-level offense without the defendant’s personally appearing before the court so long as the court determines:

(A) There is a factual basis for the guilty plea based on an affidavit filed with the court;

(B) The defendant is represented by legal counsel;

(C) The defendant has submitted a written statement under oath on a form approved by the court attesting to the following:

(i) The defendant waives his or her right to be present in court for the plea and sentencing hearing;

(ii) The defendant understands the elements and factual basis for the crime charged and has discussed any defenses to the case with legal counsel;

(iii) The defendant is not under the influence of drugs, alcohol or medication and does not have any physical or mental health impairments that interfere with the defendant’s ability to knowingly, intelligently, and voluntarily waive his or her rights and plead guilty;

(iv) The guilty plea is knowing, intelligent and voluntary;

(v) The guilty plea is not the result of any unlawful force, threats or promises;

(vi) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form; and

(vii) The defendant has reviewed the requirements of subparagraphs (i) through (vi) with legal counsel and the defendant is satisfied with the services and advice provided by his or her lawyer.

(D) The sentence(s) are entirely suspended and do not include a term of probation.

(E) The case is not covered by the Victim’s Bill of Rights, RSA 21-M:8-k, or the prosecutor represents in writing that the prosecutor’s office has complied with RSA 21-M:8-k and the victim does not want to be present for a plea and sentencing hearing.

(F) The defendant’s lawyer signs the form approved by the court acknowledging that the lawyer has reviewed the requirements of subparagraphs (i) through (vi) with the defendant and the lawyer reasonably believes the defendant is making a knowing, intelligent, and voluntary decision to waive his or her statutory rights and enter a guilty plea and be sentenced in absentia.

(c) Negotiated Pleas – Circuit Court-District Division and Superior Courts

(1) Permissibility. If the court accepts a plea agreement, the sentence imposed by the court shall not violate the terms of the agreement.

(1-a) Conditional Pleas. As part of a plea agreement, the defendant may tender a plea of guilty while reserving the right to appeal any ruling or rulings that would, if reversed, render the State’s case not viable on one or more charges. The written agreement must specify the ruling or rulings that may be appealed, and must state that reversal of the ruling or rulings would render the State’s case not viable on one or more specified charges. If the defendant prevails in whole or in part on appeal, the defendant may withdraw the guilty plea. If the defendant withdraws the guilty plea, the judge shall dismiss the complaint or indictment on those charges, unless the State shows good cause to do otherwise. The appeal shall be governed by Supreme Court Rules, provided that a notice of appeal is filed within thirty days of the acceptance of the plea.

(2) Court's Rejection of Negotiated Plea. If the court rejects a plea agreement, the court shall so advise the parties, and the defendant shall be afforded the opportunity to withdraw the plea of guilty or nolo contendere.

(3) Sentence Review. See Rule 29(k)(14)(c).