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PLEAS AND REFUSAL TO PLEAD

RSA tit. LIX, ch. 605
in effect

RSA 605:1 Minors, etc.

605:1. Minors, etc. No minor under the age of 18 years, except with the consent of the minor's parent, nor any person supposed to be of unsound mind shall be permitted to plead guilty or shall be put upon trial until counsel has been appointed to advise him or her and conduct a defense. If such person is poor, witnesses may, on motion of his or her counsel, be summoned in the person's behalf at the expense of the county. Source. GS 243:4. GL 261:4. PS 254:4. 1913, 31:1. PL 368:5. RL 428:5. 2024, 42:3, eff. July 30, 2024.

RSA 605:2 Counsel Fees.

605:2. Counsel Fees. Whenever counsel is appointed to advise with a minor or a person of unsound mind and to conduct his defense as provided by RSA 605:1, the counsel shall be entitled to receive, from the town or county in whose behalf the action is prosecuted, reasonable compensation for his services. Source. 1873, 47:1. GL 261:5. PS 254:5. PL 368:6. RL 428:6.

RSA 605:3 Plea of Lesser Offense.

605:3. Plea of Lesser Offense. A person indicted may plead guilty of any minor offense which is included in the indictment, and if such plea is accepted by the state's counsel, judgment shall be rendered thereon. Source. 1850, 962:5. CS 240:6. GS 243:5. GL 261:6. PS 254:6. PL 368:7. RL 428:7.

RSA 605:4 Nonacceptance of Plea.

605:4. Nonacceptance of Plea. If a plea of guilty to a minor offense tendered under RSA 605:3 is not accepted, it may be withdrawn and a plea of not guilty may be entered, and in such case the former plea shall not operate against the accused at his trial. Source. 1850, 962:5. CS 240:6. GS 243:5. GL 261:6. PS 254:6. PL 368:8. RL 428:8.

RSA 605:5 Refusal to Plead.

605:5. Refusal to Plead. Whenever a person indicted stands mute or refuses to plead, the court shall order the plea of not guilty to be entered, and it shall have the same effect as if the accused had pleaded not guilty. Source. RS 225:4. CS 240:5. GS 243:3. GL 261:3. PS 254:3. PL 368:4. RL 428:4.

RSA 605:6 Plea of Nolo Contendere.

605:6. Plea of Nolo Contendere. A plea of nolo contendere may be accepted in any criminal case, and when such a plea is accepted, the court or justice may enter a finding of guilty upon such plea. Evidence of a plea of nolo contendere or of the finding entered thereon shall not be admissible in any civil action against the defendant. Source. 1967, 197:1, eff. Aug. 13, 1967.
Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LIX-605.htmFetched: 10/20/2026

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