to control a combative/ assaultive individual who has or attempted to cause physical bodily harm to the guard/ officer or on another person. or is in the act of destruction of property where the security guard/officer is there to protect?
answered on Jun 18, 2021
A security guard is authorized to use the same degree of force as anyone else. In other words being a security guard means that a person may use force that is reasonable to protect a person or property. Handcuffs do not require a license and are not considered deadly force. If a security person... View More 
My upstairs neighbor is extremely verbally abusive and has physically threatened her kids and me. I want to make it clear to the property management company how bad it is and want to record her from the hallway. NH is a two party consent state but the law seems to be written around direct... View More
answered on Jun 5, 2021
NH is a consent recording state, but if the person is yelling so loudly that it can be heard in a public place then I would agree they have no expectation of privacy. It seems like you could record from your own apartment or the hallway, do not amplify or use any device to enhance the sound.
The friend has changed his story 3 times already from saying my son gave them to him to he bought them from him or jumped him and took them
answered on Jun 5, 2021
It is impossible to know if any charges could be brought without more information. You should contact a defense attorney and provide more background.
It is always a good idea not to provide any statement to the police, indicating you have nothing to say is a good idea in almost all scenarios.
I have no violent felony’s but I have a felony drug possession charge. I live in New Hampshire
answered on Apr 19, 2021
The answer is really based on the definition of a deadly weapon found in RSA 159:3
159:3 Convicted Felons. –
I. A person is guilty of a class B felony if he:
(a) Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot,... View More
Good afternoon, i was put on good behaviour for a violation on January 7th, 2019 and it ended on January 7th, 2020. I got arrested OUT OF STATE for an unfortunate violent crime on August 2019. It says i can annulle the violation after the period. Is that possible it will get annulled or will I need... View More
answered on Feb 9, 2021
You should contact a criminal defense lawyer. RSA 651:5 controls annulments and there are restrictions on some offences. There are also time requirements that must be met. The process is simple and many citizens can do it without an attorney. There is a provision in the law that if you file and... View More
the only reason is because they are addicts. This cant be legal!
answered on Jan 4, 2021
If you and your spouse are facing criminal charges, a condition of bail can be no contact. It could also be imposed on many assault type cases involving domestic violence. In short a judge can in fact prevent contact between spouses, children or anyone.
answered on Dec 5, 2020
Yes, there may be an argument that the item was planted. It may be a defense but there is no requirement that you be present during a search and seizure of contraband.
In the state of NH, if I decide to publish embarrassing, but accurate, information about another person, does simply giving that person the opportunity to talk me out of publishing constitute blackmail, if talking itself is the one thing that other person doesn't want to do?
I got one... View More
answered on Nov 22, 2020
Like many things in life. The answer to this question depends what the information consists of. There are criminal charges for blackmail (extortion), revenge porn and others. It largely depends on the nature of the embarassing information and the intent you possess that may dissuade publication.... View More
Was arrested for refusing breathalyzer, after passing field test. While being booked at the station, the officer started to read the miranda rights and I forget why I said, do u want me to read it? I think it's because he was flopping over words and with masks I cant hear him well anyways. He... View More
answered on Nov 22, 2020
This is a commonly asked question. I have answered it in a FAQ on the internet. http://nhcriminallaw.com/frequently-asked-questions/
Here is the law a about Miranda:
What if the police don’t read me my rights?
This is one of the most commonly asked questions.... View More
I was charged with facilitating an underage drinking party. I’m underage myself (19) to be exact. I’ve never been charged with anything not even a ticket. What should I expect ?
answered on Nov 9, 2020
You should call a defense attorney where the charge is pending. There are various options but they are almost all dependent on the location of the charges. There are a wide range of outcomes largely based on where you are located.
Most defense lawyers will consult with you for free and... View More
answered on Oct 30, 2020
RSA 634:3 Unauthorized Use of Propelled vehicle is a misdemeanor by law. The charging department normally a prosecutor has discretion to charge it as an A or B misdemeanor. The decision is completely up to the executive branch entity be it an attorney or police department.
my son was assaulted and the police said that they will not arrest the person because he was defending his property. My son is intellectually disabled and he was choked, punched in the face and head. He had a black eye, bump on the back of his head, his neck hurt, a bruised shoulder and wasn't... View More
answered on Oct 21, 2020
The state brings criminal cases. A private person may not being a criminal case. Police and prosecutors have a lot of discretion in deciding whether to bring charges or not.
answered on Oct 21, 2020
Yes. If firefighter provided a statement and police got an arrest warrant. State would need to prove who driver of vehicle was. As always it is best to not answer any questions or provide any information. Contact a defense lawyer.
When officer explained why he pulled us over , he said it was because the vehicle was registered to someone with a suspended license .
answered on Sep 20, 2020
Yes random plate checks are permitted In NH. If gender of driver matches police will have right to stop vehicle.
answered on Sep 2, 2020
It sounds like this hearing would be an arraignment. You should contact a qualified lawyer that focuses on DWI defense near the location of the town that charged you. I would suggest that you look for a member of DUIDLA or NCDD.
I have attached link to FAQ about court on my website:... View More
with no future date. Can he get his licence back until he is proven guilty in court. New hampshire
answered on Aug 7, 2020
There are lots of variables. If the loss of license was from the DMV for a refusal he can pay a reinstatement fee after 6 months. I would encourage contacting a qualified DWI attorney.
answered on Jul 29, 2020
You have been charged in the alternative. You can only be sentenced on one offense. It is common for the state to charge both an aggravated and a DWI 1st in many scenarios: a test over .16, eluding police, high speed etc. If state fails to prove the aggravating circumstance then court can... View More
My nephew and his wife were going to lease my house but because of a disagreement with the pet section of the lease, he, his wife and his father came to my house on June 22. When I told them that the pet section was clearly written, they began to swear and yell at me. As this melee escalated, I... View More
answered on Jun 24, 2020
I am not sure I heard a question. It seems more like a statement. It also appears as though you are concerned about your safety and if you think a crime has occurred you may want to report it to the police.
When I was 15 i vandalized someones car.i was supposed to pay off 1400$ and do prohibition. I finished my probation successfully and moved to virginia when i turned 18 i owe 285$ left on my probation can they transfer it to adult court because they are telling me i have a bench warrent now.
answered on Jun 12, 2020
It depends. If you finished probation successfully and the case was closed it doesn't seem like there is anything that can be done. If it was left as a collections case only, they may be able to issue a warrant. I would suggest contacting the court and find out if there is a warrant and if... View More
i live in new hampshire, and i own my property, i think the DEA illegal obtain a search warrant, based on video and audio from an informant that was illegal obtain,
answered on Jun 3, 2020
NH law has a wiretapping statute that requires consent to record. There are exceptions including one party intercept permission to law enforcement granted by the AG office.
You should contact a lawyer to discuss the particulars of your case. Search and seizure law is constantly evolving... View More
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