Lawyers, Answer Questions  & Get Points Log In
New Hampshire Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I have a confession from my ex cell mate should I contact the prosecutor and could it help me reduce my charges?
Leonard D. Harden
Leonard D. Harden answered on May 13, 2022

You should contact your defense lawyer. You should never speak with the prosecutor directly without your lawyer. If the information you have is valuable your lawyer should be able to assist you without risking any admission or other problems.

Do not talk to the prosecutor or police!

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can I be charged with criminal trespass for driving up a posted driveway to ask for a phone when having car troubles?

Driveway was posted however it was late and below freezing temperatures. Truck was about to die 100%. I'm on camera going up driveway and leaving. Never reached anyone for help. Found out months later there was a theft around the time I went up there to ask for a phone. Police are trying to... Read more »

Leonard D. Harden
Leonard D. Harden answered on May 9, 2022

The answer really depends on the facts. You should contact a defense lawyer and consult about your case. If you have been charged with a criminal offense that means there is probable cause to arrest according to at least a police department and justice of the peace.

Call a well...
Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Is it a good idea to get a lawyer before an arraignment for misdemeanor charges?

On March 3rd I had an incident with my ex girlfriend. I was called down to the police station after for questioning. After talking to them I was arrested

My charges are:

-Class A misdemeanor domestic violence simple assualt (I grabbed her arm)

-Class B misdemeanor Criminal... Read more »

Leonard D. Harden
Leonard D. Harden answered on Mar 8, 2022

A DV simple assault carries with it many unforeseen consequences. It may impact your firearms rights and result in travel restrictions to Canada. I would encourage you to consult with a criminal defense attorney in the area where you are charged.

In many cases charges can be amended to...
Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Where can I get a form for. Petition to terminate RSA-651-B
Leonard D. Harden
Leonard D. Harden answered on Feb 18, 2022

I think you are seeking information about a petition to annul a criminal conviction, RSA 651:5. There is a checklist found at the State of NH website: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf

You have to follow the time frame in the...
Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I was sentenced to surrender for 30 day weekend sentence on a certain day but finished it later on is it bail jumping

I was sentenced to surrender for 30 days on weekends on 3/26/21. I had unforeseen circumstances to not surrender until 4/16/21 but continued to to do it every weekend until I finished with good behavior on 5/31/21. So I finished the sentence just 3 weeks late. Is that still bail jumping?

Leonard D. Harden
Leonard D. Harden answered on Jan 6, 2022

Like many things in the law the answer is it depends.

642:8 Bail Jumping. –

I. A person is guilty of an offense if, after having been released with or without bail, he:

(a) knowingly fails to appear before a court as required by the conditions of his release; or...
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for New Hampshire on
Q: I was charged with a simple domestic assault charge a couple months ago, and just got caught attempting to steal food

My court papers say that if I’m charged with any federal or misdemeanor crimes within the next 2 years than it’s a mandatory 30 days in jail. I was caught in hannaford with 50$ worth of items for my family and got caught, and I have a court hearing for the case 2 months from now. I’m the only... Read more »

Leonard D. Harden
Leonard D. Harden answered on Aug 30, 2021

There is always a chance. Your best bet is to contact a competent defense lawyer in your area. If you qualify for a public defender request an attorney. Do not try to handle this on your own. A suspended sentence is not imposed until a final order from a court. Do not discuss case with anyone... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Securities Law for New Hampshire on
Q: Is the use of handcuffs or other restraint devices by security officers/guards allowed for detainment in NH

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?

Leonard D. Harden
Leonard D. Harden 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... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for New Hampshire on
Q: Is it legal in NH to record a verbally abusive neighbor from an apartment hallway without their knowledge.

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... Read more »

Leonard D. Harden
Leonard D. Harden 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.

1 Answer | Asked in Criminal Law and Federal Crimes for New Hampshire on
Q: If my son had his friend over and the friend stole a hand gun out of a lock box what could we be charged with.

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

Leonard D. Harden
Leonard D. Harden 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.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for New Hampshire on
Q: What should I do? I was arrested in 2011 and just vacated my warrant and set new hearing date.

I was arrested 10 years ago in New Hampshire for DUI and possession of marijuana. I was in the middle of moving out-of-state at the time, being a young and dumb 22 year old I left anyway without notifying the court or explaining to them my situation. Subsequently, I had a bench warrant placed out... Read more »

Albert Hansen
Albert Hansen answered on Apr 26, 2021

You should definitely hire a lawyer. Feel free to call me at (207) 467-3767 for a free consultation.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Is there any exceptions when it comes to carrying a knife for a convicted felon? Size of knives or multi tool knives?

I have no violent felony’s but I have a felony drug possession charge. I live in New Hampshire

Leonard D. Harden
Leonard D. Harden 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,...
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...
Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can I get in trouble for throwing away trash in the trash can of a public business?

Not boxes or big trash bags, usually trash and wrappers from my lunch or trash I accumulated in my car like water bottles

Tim Akpinar
Tim Akpinar answered on Feb 8, 2021

A New Hampshire attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, some states consider it a misdemeanor, some equating it to theft of services or something along those lines. Whatever the case, it would be best to hold on to the trash until you got to... Read more »

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 »

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for New Hampshire on
Q: can a judge tell a married couple that they cannot be together. agaist there will, nothing to do with the case....

the only reason is because they are addicts. This cant be legal!

Leonard D. Harden
Leonard D. Harden 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.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can you be charged for belongings taken out of your sight before being searched?
Leonard D. Harden
Leonard D. Harden 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.

1 Answer | Asked in Criminal Law and Civil Litigation for New Hampshire on
Q: If I say "I intend to publish this embarrassing info about you. Try to talk me out if it"?

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... Read more »

Leonard D. Harden
Leonard D. Harden 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.... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: What happens when you get charged with a misdemeanor ?

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 ?

Leonard D. Harden
Leonard D. Harden 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...
Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Unauthorized use of a vehicle...what class of misdemeanor is this?
Leonard D. Harden
Leonard D. Harden 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.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can you have someone arrested for assaulting you if the police refuses to charge that person?

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... Read more »

Leonard D. Harden
Leonard D. Harden 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.