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Questions Answered by Andrew S. Winters
1 Answer | Asked in Family Law and Sexual Harassment for New Hampshire on
Q: Can you be convicted on hearsay alone no evidence. Just a person's word against yours I have pretrial over phone call
Andrew S. Winters
Andrew S. Winters answered on May 18, 2021

Hearsay is generally not admissible although there are exceptions. It is a complicated area of the law. For example, an out of court statement by one of the parties to the case is not considered hearsay. So, if a criminal defendant makes a statement to the police after he is arrested, that... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: 2021 What is the law in NH for a person with a 25 year old felony owning a bow and using it for hunting in NH?
Andrew S. Winters
Andrew S. Winters answered on Apr 3, 2021

If the person has a felony on his or her record then he can't possess a dangerous weapon. It doesn't matter how old the felony is.

Whether a bow and arrow is considered a dangerous weapon depends on if it is "used, intended to be used, or threatened to be used, is known to...
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2 Answers | Asked in Criminal Law, Domestic Violence, Municipal Law and Probate for New Hampshire on
Q: Good behaviour

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... Read more »

Andrew S. Winters
Andrew S. Winters answered on Feb 8, 2021

I think I understand your question to mean you were convicted in New Hampshire for a violation on 1/7/19 with a one year good behavior period. You want to get that conviction annulled but in August of 2019 you were arrested for a different charge in New York. I assume that charge is still pending?... Read more »

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1 Answer | Asked in Family Law for New Hampshire on
Q: My daughter got pregnant and found out after the fact that the father is an illegal alien.

He has not paid child support in NH since the baby was born and refuses to. My daughter filled out the forms for the state for support, however, they said that since his address is not listed with the post office with regards to him living there, that they can't serve him with papers. He... Read more »

Andrew S. Winters
Andrew S. Winters answered on Dec 5, 2020

If he can't be located your daughter could use the sheriff or professional service process firm to locate and serve him. Alternatively, in some cases a court will allow service by notice through a publication, like a newspaper or even social media. However, they will only. do so if you show... Read more »

1 Answer | Asked in Family Law for New Hampshire on
Q: Can my sons mother move out of state without telling me?

Current custody agreement states parenting time at discretion of the mother and I have had my son overnights every other weekend for years. I have just found out she is packing up and moving out of state without notifying me. I called child services because I was worried for him 3 weeks ago and... Read more »

Andrew S. Winters
Andrew S. Winters answered on Dec 5, 2020

Are you sure there is nothing in the order about relocating? If you look at the court approved form parenting plan, section "F" addresses relocation: https://www.courts.state.nh.us/forms/nhjb-2064-f.pdf

It is possible your parenting plan doesn't include that section but...
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1 Answer | Asked in Family Law for New Hampshire on
Q: If there is a parenting plan in place but need to change it. The father is living in motels and I have a stable living

He has been verbally abusive as well. Is this good to be able to change the plan? What do I need to do?

Andrew S. Winters
Andrew S. Winters answered on Feb 17, 2019

The law allows you to ask to modify a parenting plan for certain reasons. The list of reasons is found in this statute: http://www.gencourt.state.nh.us/rsa/html/xliii/461-a/461-a-11.htm

Here is a list of court instructions on how to file a petition to modify...
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1 Answer | Asked in DUI / DWI and Juvenile Law for New Hampshire on
Q: Can I represent a friend in a New Hampshire court of law?

I am an 18 year old civilian without a law license.

Andrew S. Winters
Andrew S. Winters answered on Feb 17, 2019

Theoretically, the law allows for this. Read RSA 311:1: http://www.gencourt.state.nh.us/rsa/html/XXX/311/311-1.htm

HOWEVER, I would never recommend this to either the potential litigant or the person thinking about representation this way. It is very likely to end badly for all involved....
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