When Can a Minor Be Tried as an Adult in New Hampshire: Certification and Superior Court Transfers

Hearing that your teenager has been arrested is a parent's worst nightmare. That nightmare deepens significantly when prosecutors announce they intend to try your child as an adult. When can a minor be tried as an adult in New Hampshire? The state utilizes a legal process called certification or transfer under N.H. Rev. Stat. Ann. § 169-B:24. This mechanism rips a child out of the rehabilitative juvenile justice system and drops them into the punitive adult criminal court.

Because a transfer means your child could face decades in an adult prison rather than a juvenile facility, the stakes are incredibly high. The decision to transfer is heavily litigated, and you need aggressive representation. We strongly urge you to search our USA Lawyer Directory to find a seasoned criminal defense attorney in NH who specializes in fighting juvenile certifications.

Step-by-Step Guide to the Transfer Process in New Hampshire

Whether your child is facing charges in Nashua, Manchester, or Portsmouth, the certification process follows specific statutory guidelines. Here is how prosecutors attempt to transfer minors, and how defense lawyers fight back.

Step 1: Meeting the Age Thresholds

Not every juvenile can be transferred. Under New Hampshire law, a minor must generally be at least 15 years old at the time the alleged offense was committed to be eligible for transfer to the adult Superior Court. If a 14-year-old commits a crime, they almost always remain in the juvenile system, although exceptions exist for certain extremely violent acts. The age of the minor is the first defense barrier your lawyer will verify.

Step 2: Understanding Presumptive Certification

For most felonies, the prosecutor must prove that the minor should be transferred. However, New Hampshire has presumptive certification for specific, severe crimes. Under N.H. Rev. Stat. Ann. § 169-B:24, IV, if a minor who is 15 or older is charged with offenses like first-degree murder, second-degree murder, or certain violent sexual assaults, the law presumes they will be tried as an adult. In these cases, the burden shifts to the defense attorney to prove why the child should remain in the juvenile system.

Step 3: Fighting the Transfer Hearing

Before a child can be tried as an adult, the court must hold a formal transfer hearing. This usually takes place in the local Family Division, such as the 9th Circuit Court - Family Division, Nashua. At this hearing, the judge evaluates specific criteria, known as the Kent factors, which include the seriousness of the offense, whether it was committed aggressively, the minor's maturity, their prior record, and the likelihood of rehabilitation in the juvenile system.

In cases like State v. Smagula, 117 N.H. 663 (NH Supreme Court 1977), the courts emphasized that transferring a minor is a severe step that requires comprehensive evidence. Your lawyer will bring in psychological experts, school records, and character witnesses to prove your child is amenable to rehabilitation.

Step 4: Moving to Superior Court

If the judge rules in favor of the prosecution, the child is certified as an adult. The case is transferred from the juvenile court to the adult Superior Court, such as the Hillsborough County Superior Court South, Nashua or the Rockingham County Superior Court, Brentwood. From this point forward, the child is treated exactly like an adult defendant. They will have a public trial, face adult bail requirements, and if convicted, be sentenced to adult prison.

Step 5: The Long-Term Impact of Adult Certification

The consequences of adult certification are devastating. Unlike juvenile records, which are sealed and confidential, an adult conviction is public. A teenager convicted of an adult felony will permanently lose their right to vote, their right to own firearms, and will face massive hurdles in finding employment, securing student loans, and renting housing.

What Are the Legal Costs in New Hampshire?

Fighting a certification hearing is one of the most intense legal battles a family can face.

How Long Does the Certification Process Take?

The timeline is stressful as families await a decision that will shape their child's life.

• Arraignment: The juvenile is arraigned shortly after arrest in the Family Division.
• Prosecutor's Motion to Transfer: Filed within a few weeks of the arraignment.
• Preparation: Your lawyer will need 2 to 4 months to gather psychological evaluations and school records.
• The Transfer Hearing: Usually held 3 to 6 months after the initial arrest.
• Final Decision: The judge issues a written order either keeping the child in juvenile court or transferring them to Superior Court.

Frequently Asked Questions (FAQ)