What are the hours of the Prosecution Staff?
Staff works Monday through Friday from 8 AM to 4 PM, excluding holidays.
Is the
Police Prosecutor my lawyer?
No. The police prosecutor represents the State, he/she are not attorney’s for witnesses or victims.
How
do I obtain a copy of my arrest information if my case is still pending before the court system?
The proper procedure is to obtain
a Motion for Discovery from the Rochester District Court. Only the arrestee or representative can obtain the copies. Once a motion
for discovery is obtained, you may respond to the Rochester Police Department between the hours of 8:00 a.m. and 4:00
p.m., Monday through Friday, (excluding holidays) to receive the appropriate copies from our Legal Bureau. Any questions regarding
this procedure may be obtained through our Legal Bureau by called 603-330-7135.
IF I want to drop a no contact order, how do I do that?
If a no contact order is part of the bail conditions, the vcitim in the case cannot do anything with regard to the no conact order as it is issued by the court based on recommendations by the State. The defendant may request that the no contact order be dropped by filing a motion at Rochester District Court. A hearing will be scheduled and a judge will listen to arguments by the defendant and the State, then render a decision.
What is the phone number to the jail? Strafford County Jail phone number is 742-3310
How do I obtain a restraining order?
Domestic Violence restraining orders are obtained
from the Strafford County Family Court, in Dover, NH during regular business hours, depending on your situation. Stalking
restraining orders can be obtained through the Rochester District Court during normal business hours. Civil restraining orders
can be obtained through Strafford County Superior Court. Emergency domestic violence and stalking restraining orders are obtained
after regular business hours with the assistance of a Rochester Police officer. The Rochester Police Department will maintain active
restraining orders on file until their expiration which is determined by the respective court. More information regarding domestic
violence may be obtained through our Domestic Violence Unit at (603) 742-2706, SAFE Place at (603) 330-0214, visiting the Domestic Violence
section of this website or by contacting either one of the courts listed above.
How is a Restraining Order served?
The order
can only be served in hand (in person) by a police officer. The order can be served at place of employment or residence. The order
will be served as timely as possible. All reasonable attempts are made to locate the defendant. The petition is NOT IN EFFECT until
served to the defendant. If problems arise prior to service being made, the plaintiff should contact their local authorities and advise
them of the problem at hand. Service of the petition will be attempted at that time.
What do I do once it's been served?
The temporary
restrictions must be followed by the defendant and plaintiff until appearance in court. You need to appear in court on the date listed
on the petition to address charges. The court then decides whether or not the order will continue or be revoked.
What if the
DVP is not served prior to the court date?
The plaintiff must still appear in court on the specified date. A hearing cannot be held
without the defendant's presence. The court may then issue a new court date and continue the temporary orders.
Where
is the District Court located?
Rochester District Court
76 North Main Street
Rochester, NH 03867
Justice : Honorable Daniel
Cappiello
Special Justice : Hon. Susan Ashley
Clerk : Debra Turgeon
Phone : (603) 332-3516
Hours : Monday - Friday, 8:00am to 3:50pm
Jurisdiction :
City of Rochester, and the towns of New Durham, Middleton, Milton, Farmington and Barrington
What do I need to bring with me?
Please
be sure that you bring the subpoena you received to the Courthouse. This subpoena will be used to calculate and compensate witness
fees.
What should I wear?
A neat and clean appearance is very important for court. You should be comfortable, yet appropriately dressed
for court (i.e. no hats, shorts, etc.). Avoid distracting mannerisms such as chewing gum.
How will I be compensated for my court appearance?
Witness
fees are paid by the NH Department of Justice, Witness Payment Unit. Please visit the Witness Payment Program at the New Hampshire
Department of Justice website for more information.
What if I am unable to make it to court on the given date and time?
If you have
a legitimate reason (i.e. prescheduled vacation, surgery, etc.) please contact the Legal Division (603-330-7135) and we can attempt
to postpone the case to a more convenient date. Keep in mind that a Judge must "grant" any request to postpone a case, please be advised
that childcare issues or work are usually not legitimate reasons to excuse you from court.
May I be compensated for damages incurred
by the defendant?
Unfortunately, we cannot guarantee that every case will result in compensation to the victim. If you are the victim
of a crime, please contact the legal bureau to discuss the restitution process or by checking the Victim Compensation (Assistance
Commission) website at the New Hampshire Department of Justice for more information.
How long should I expect to be in court?
Morning
trials are scheduled to begin at 8:15 am and cases are not selected in any given order. We do realize that it is difficult to take
time from your day to appear as a witness and we will do our best to get you out as quickly as possible. You are more than welcome
to bring something to read to pass the time.
What do I do if I am contacted by a defense attorney?
If you are approached by the defense
requesting information about the case, you may or may not talk to them. It is your choice.