N.H. Admin. Code § Adm 1004.01

Current through Register No. 45, November 7, 2024

Section Adm 1004.01 - Determination of Ineligibility

(a) Unless otherwise ordered by the presiding judge, a defendant shall be ineligible for state payment of defense services and expenses on the basis of the defendant's ability to borrow funds, as further set forth in (b) below.

(b) Unless otherwise ordered by the presiding judge, the defendant shall be deemed able to borrow funds if the net value of the defendant's real estate exceeds the value for the most serious crime or delinquency charged, as set forth in table 1004.1.

Table 1004.1

Crime or Delinquency With Which the Defendant is Charged	Net Value of Defendant's Real Estate
Homicide	$40,000
Supreme Court appeal	$20,000
Aggravated felonious sexual assault; felonious sexual assault; first degree assault	$20,000
Negligent homicide	$20,000
Felony	$20,000
Misdemeanor appeal	$20,000
Misdemeanor, jury trial	$10,000
Misdemeanor	$10,000
Juvenile	$10,000
Other	$10,000

(c) Unless otherwise ordered by the presiding judge, a defendant shall be ineligible for state payment of defense services and expenses if the funds available to the defendant exceed the value permitted for the most serious crime or delinquency charged, as set forth in table 1004.2.

Table 1004.2

Crime or Delinquency With Which the Defendant is Charged	Funds Available to Defendant
Homicide	$10,000 or more
Supreme Court appeal	$4,000 or more
Aggravated felonious sexual assault; felonious sexual assault; first degree assault	$4,000 or more
Negligent homicide	$4,000 or more
Felony	$4,000 or more
Misdemeanor appeal	$4,000 or more
Misdemeanor, jury trial	$1,500 or more
Misdemeanor	$1,500 or more
Juvenile	$2,000 or more
Other	$2,000 or more

N.H. Admin. Code § Adm 1004.01

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06

Amended byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10728, Effective 10/25/2014, Expires10/25/2024.

Amended by Volume XL Number 24, Filed June 11, 2020, Proposed by #13050, Effective 7/1/2020, Expires 7/1/2030