How Bail Bonds Work in New Hampshire
If you or a loved one has been arrested in New Hampshire, understanding the bail bond process is critical to securing a fast release. This guide covers everything you need to know about bail bonds in New Hampshire, including costs, the legal process, and what to expect at each step.
Bail Bond Costs in New Hampshire
New Hampshire bail bond premiums are typically 10% of the bail amount. The state has a relatively small bail bond market.
For example, if a judge sets bail at $10,000, you would pay a bail bondsman 10% of that amount — typically $1,000. This fee is non-refundable — it's the cost of the bondsman's service. The bondsman then posts the full $10,000 with the court, guaranteeing the defendant's appearance.
New Hampshire Bail Bond Laws
New Hampshire uses a bail commissioner system alongside commercial bail bonds. The state recently passed HB 318 (2018), which reformed bail practices by requiring courts to consider a defendant's ability to pay and to use the least restrictive conditions for release. Bail commissioners set initial bail for most arrests. The state allows cash bonds, surety bonds, and personal recognizance release.
Regulation
Bail bonds in New Hampshire are regulated by the New Hampshire Insurance Department. All bail bondsmen must be properly licensed and maintain adequate financial backing to operate legally. Working with an unlicensed bondsman is risky and potentially illegal.
The Bail Process in New Hampshire
After arrest in New Hampshire, defendants are typically seen by a bail commissioner within hours. The commissioner sets bail or releases the defendant on conditions. If cash bail is set, a licensed bail bondsman can post the bond. For more serious offenses, a judge sets bail at an arraignment hearing.
Step-by-Step: Getting Someone Out of Jail in New Hampshire
- Arrest and Booking: The defendant is taken to the county jail for booking, which includes fingerprinting and photographing.
- Bail Setting: A judge or magistrate sets the bail amount based on the bail schedule and the defendant's circumstances.
- Contact a Bail Bondsman: A family member or friend contacts a licensed bail bondsman and provides the defendant's information.
- Pay the Premium: The 10% premium is paid, along with any required collateral.
- Bond is Posted: The bail bondsman posts the full bail amount with the court.
- Release: The defendant is released from jail, typically within 2-6 hours of the bond being posted.
- Court Appearances: The defendant must appear at all scheduled court dates to avoid bond forfeiture.
Key Facts About New Hampshire's Bail System
New Hampshire's bail system is influenced by its bail commissioner system. Hillsborough County (Manchester and Nashua) handles the most cases. The state's small size and population mean the bail bond market is limited. Concord, Portsmouth, and Dover also have some bail bond activity.
Tips for Finding a Bail Bondsman in New Hampshire
- Verify the license: Check with the New Hampshire Insurance Department to confirm the bondsman is properly licensed.
- Ask about fees upfront: A reputable bondsman will clearly explain the 10% premium and any additional costs before you sign anything.
- 24/7 availability: Most professional bail bondsmen in New Hampshire offer around-the-clock service.
- Payment plans: Many bondsmen offer payment plans for the premium, especially for larger bail amounts.
- Ask about collateral: Understand what collateral may be required and the conditions for its return.
- Read the contract: Make sure you understand your obligations as a co-signer before signing the bail bond agreement.
What Happens If You Miss Court in New Hampshire?
Missing a court date in New Hampshire has serious consequences. A bench warrant will be issued for your arrest, and the bail bondsman will be responsible for paying the full bail amount to the court. The bondsman will likely hire a fugitive recovery agent (bounty hunter) to locate and return you to custody. You'll also face additional charges for failure to appear, and the bail amount for the new charge will likely be much higher.
Frequently Asked Questions
How long does it take to get out of jail in New Hampshire?
Once bail is set and a bondsman is contacted, release typically takes 2-6 hours in New Hampshire. The exact time depends on the jail's processing speed and how busy the facility is.
Can I get a bail bond with no money down in New Hampshire?
Some bail bondsmen in New Hampshire offer payment plans that allow you to get started with a smaller down payment. However, the full 10% premium must eventually be paid. Many bondsmen accept collateral such as property or vehicles.