BRENTWOOD, N.H. — Sheriff Mark A. Brave resigned from his post as the top law enforcement official of Strafford County on Tuesday, leading prosecutors to back off from their request for a judge to revoke his bail.
The outcome of a hearing before Rockingham County Superior Court Judge Daniel I. St. Hilaire on Tuesday means Brave won’t be jailed at this time while he continues to face felony charges of theft by deception and perjury related to allegations he spent $19,000 in public funds for his own personal use.
Brave, who was arrested and released in August, was accused of lying to the court in October about his financial situation and current residence. While he claimed to reside with his soon-to-be ex-wife in Dover, N.H., prosecutors concluded he’s been living in Tewksbury, Mass., in violation of his bail conditions.
Furthermore, prosecutors had argued Brave’s new residence rendered him ineligible for his Strafford County office. He’s been on self-imposed paid administrative leave since August, when fellow county officials gave him an ultimatum to step aside or be forced out.
George M. Maglaras, who serves as chair for the Strafford County commissioners, welcomed news that Brave resigned.
“Under the circumstances it was the right decision,” Maglaras said.
One of the prosecutors, Joe M. Fincham II, said the New Hampshire attorney general’s office agreed to new bail conditions that allow Brave to reside outside New Hampshire. He said it’s relatively common for Rockingham County courts to handle cases involving defendants who reside in Massachusetts or Maine, and Brave’s resignation made his residency “a less relevant factor for the court” as far as bail terms are concerned.
“Based on that, the state withdrew its motion to revoke bail because the allegations are more properly addressed through a motion for contempt or potential criminal charges rather than a motion to revoke bail,” Fincham said.
In his resignation letter, Brave expressed pride in having been the youngest sheriff and first African American man to serve as sheriff in New Hampshire.
“At this time, I feel it is in the best interest of Strafford County, my subordinates, and the populations we serve that I step aside while I address the allegations made against me,” Brave said in the letter, which was shared with the court before it was shared with county officials.
“I look forward to resolving my pending legal matter and to serving my constituents again in the future,” he added.
Brave declined to speak with reporters after Tuesday’s hearing.
His attorney, Leif A. Becker, said his client directed him to send the resignation letter to county officials.
Chief Deputy Joseph T. McGivern has been leading the sheriff’s office since Brave went on leave. His status at the helm will continue for the moment and could continue through next fall.
Under state law, when a sheriff’s office is vacant for less than a year, the state representatives who serve on the county convention take a vote on whether to fill the vacancy or leave the office vacant until the next election, which in this case is in November 2024.
Representative Thomas Southworth, a Democrat from Dover, said delegation members have not discussed their next steps, and any future discussion would take place in public. He declined to comment on Brave’s case.
Representative Clifford Newton, a Republican from Rochester, said it’s unfortunate that Brave was allowed to place himself on paid leave and continue receiving his county salary. Newton said the delegation should “definitely” fill Brave’s vacated office with a qualified and competent replacement.
Representative Michael D. Harrington, a Republican from Strafford, said he was pleased to see Brave resign and stop collecting a taxpayer-funded salary, since he’s facing serious criminal charges and no longer performing work for the county. Harrington said he expects the county delegation will discuss Brave’s replacement process at future meetings.
Paul Callaghan of Rochester, who ran for Strafford County sheriff in 2020 and works as a lieutenant prosecutor in the sheriff’s office, said Brave’s resignation will allow the office to “move on from the debacle of his tenure.”
“The next High Sheriff will have the task of restoring trust of the citizens and the Department,” Callaghan said. “The citizens deserve nothing less than highly ethical and qualified candidates.”
Meanwhile, Brave’s criminal case will proceed toward trial.
He is accused of using taxpayer money to fund meet-ups with various romantic interests and then falsely claiming the travel-related expenses were for law enforcement functions.
He has also been accused of a sweeping pattern of dishonest dealings that extend beyond the criminal allegations he faces.
A year ago, police took Brave into protective custody when his wife was accused of drunken driving and he was too intoxicated to drive himself home. County officials concluded Brave had been deceptive when telling fellow county officials about his whereabouts that night.
Brave, a Democrat, has said he didn’t intend to deceive anyone regarding the circumstances of his wife’s arrest. He has also insisted that he never meant to deceive voters when he falsely claimed to hold bachelor’s and master’s degrees before his 2020 election and 2022 reelection.
Brave has maintained his innocence, and he has claimed to be the victim of a racist and politically motivated effort to oust him from office — an accusation fellow county officials have refuted.
This story has been updated with additional reaction from elected officials in Strafford County.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.