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RSA 604-A:2-c · Determination of Financial Ability

Title: LIX: PROCEEDINGS IN CRIMINAL CASES
Chapter: 604-A · ADEQUATE REPRESENTATION FOR INDIGENT DEFENDANTS IN CRIMINAL CASES
Status: current
Official source linked: Yes

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604-A:2-c Determination of Financial Ability. – The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. The defendant's assets shall include all real and personal property owned in any manner by the defendant, excluding only those assets which are exempt from attachment and execution under RSA 511:2. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from attachment under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents. In determining a defendant's financial ability to obtain counsel, the court shall consider the defendant's ability to borrow some or all of the necessary funds. Source. 1985, 342:2. 1989, 345:5, eff. July 1, 1989. 2025, 141:217, eff. July 1, 2025.

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Source note

Source. 1985, 342:2. 1989, 345:5, eff. July 1, 1989. 2025, 141:217, eff. July 1, 2025.

Source history

1985, 342:2
1989, 345:5, eff. July 1, 1989
2025, 141:217, eff. July 1, 2025

Related materials

Bill relationships

2026 HB611 reference · effective 2026-01-01
defendant is unable to comply with the terms of the court's order or any modification of the order by the court. If the court does not order full payment for representation under RSA 604-A, the commissioner of administrative services or his designee shall perform an investigation to determine the defendant's present financial condition and his ability to make repayment and may petition the court for a new
2026 HB611-FN reference · effective 2026-01-01
defendant is unable to comply with the terms of the court's order or any modification of the order by the court. If the court does not order full payment for representation under RSA 604-A, the commissioner of administrative services or his designee shall perform an investigation to determine the defendant's present financial condition and his ability to make repayment and may petition the court for a new
2025 HB2 amend
equest for services other than counsel when the interests of justice or judicial economy require. 141:217 Adequate Representation for Indigent Defendants in Criminal Cases; Determining Financial Ability. Amend RSA 604-A:2-c to read as follows: 604-A:2-c Determination of Financial Ability. The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the m
2025 HB2 reference
investigative, expert, or other services and expenses approved by the circuit court that are necessary to provide adequate representation, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A. 141:344 Workers' Compensation; First Responder's Critical Injury Benefit. Amend RSA 281-A:32-a, II to read as follows: II. Payments awarded under this section shall be subject to all other provisions of RSA 2