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My fiancé was pulled over, and her friend had 200 grams of heroin/fentanyl, which my fiancé was unaware of. She agreed to help the police catch the dealer, but the police arrested a runner instead of the dealer. Now, they want to charge my fiancé with possession of 100 grams, even though she had... View More 
answered on Mar 9, 2025
Yes. The state can charge anyone with possession if they were around or near the drugs. Constructive possession means having access or control of a substance. If someone is arrested does not mean that they are guilty. A person arrested does not mean that they will be convicted. It is important... View More
I was working as a delivery driver for a major service when I picked up a package as directed and delivered it to the designated drop-off location. Two weeks later, I was arrested on a warrant for felony theft because the package turned out to be stolen. I have been released on bond, with a court... View More
answered on Mar 7, 2025
It seems like you may still have a criminal case. If so you should hire the best defense lawyer in the area where the court is located. I would suggest looking for any attorney who has at least 10 years of experience, is a member of a national (NACDL) and NH specific criminal defense lawyer... View More
I am 18 years old and was pulled over in Amherst, New Hampshire, with under 3/4 oz of weed in my car. This is my first offense, and I was cooperative with the officer, informing him of the location of the weed. I was charged with a misdemeanor. Additionally, I had tobacco products and unopened beer... View More
answered on Feb 17, 2025
You should contact a defense lawyer in or near Amherst. There are potential loss of license and under 20 DMV consequences. I practice in the northern part of NH and do not know the local prosecutors. I would recommend that you select a lawyer by going to the NHACDL or NACDL website to pick a... View More
answered on Sep 22, 2024
It is up to you. Having a criminal record can impact your future and getting a good lawyer can make a difference. I frequently tell a story about being a terrible plumber. If I have a leaky toilet I will spend hours and waste solder but eventually I will get the leak to stop. If I have to redo... View More
I got arrested for a DUI August 5, 2023 and my trial date has now been pushed back for the third time to June 4, 2024
answered on Apr 19, 2024
All cases are entitled to a speedy trial but the reality is to win based on a denial there is a difficult almost impossible test.
The Superior Court speedy trial policy is set forth in the Superior Court Rules. The policy incorporates the four-part speedy trial analysis of Barker v.... View More
(625.8)
VI. The period of limitations does not run:
(a) During any time when the accused is continuously absent from the state or has no reasonably ascertained place of abode or work within this state; or
(b) During any time when a prosecution is pending against the accused... View More
answered on Apr 1, 2024
The starting point for determining whether the statute of limitations bars prosecution is RSA 625:8. The general rule is that the State has six years to prosecute a felony, one year to prosecute a misdemeanor, and three months to prosecute a violation, RSA 625:8, I (a)-(d), but the statute contains... View More
My grandson was screaming, fighting, a 20-lb strong baby. My son lost his temper and threw the baby on sofa cushions. My daughter-in-law took baby to hospital , citing child abuse, reported him to CPS, claims my son caused a fracture to one of baby’s ribs. Police are following up, My has no prior... View More
answered on Jan 17, 2024
The allegations are very serious. The potential exists for there to be felony charges depending on if there was in fact a serious bodily injury. It is vital that your son not talk to the police or DCYF without speaking to a defense lawyer. The facts may also reveal that it was not a criminal... View More
Can I get my first-degree assault charge, which involved a deadly weapon, annulled in New Hampshire? I completed my probation in 2023 and there was no prison time or suspended sentences. I do have a criminal history. What are the chances of annulment given these circumstances?
answered on Feb 25, 2025
A first degree assault is not able to be annulled. It is by definition a violent offense.
RSA 651:5
XIII. As used in this section, "violent crime" means:
(b) First degree assault under RSA 631:1;
I want to know if it is mandatory in New Hampshire for a pro se defendant to receive all Brady material before a bench trial. In my case, there has already been a motion denying all Brady material to the defendant. Is the prosecution required to disclose these materials despite this motion?
answered on Feb 22, 2025
Brady materials are required in any criminal case. They are also court ordered in both the superior and district courts.
I’m almost positive that it’s going to be thrown out but it’s already been shared with friends to make it look like I can’t be trusted. I already went and got an earlier court date and it was approved. I am terrified that I am going to run into her and she’s going to report it. I don’t... View More
answered on Jan 13, 2025
You should consult with a local lawyer who handles DV cases.
answered on Oct 15, 2024
If you are a convicted felon you are not permitted to purchase, possess or control a firearm. You may be able to annul the conviction in MA but you should consult a MA lawyer about whether you are eligible for such relief.
answered on Jul 28, 2023
It is likely too late to undo or fix an error after a finding of guilty by a judge in district court. The best time to raise issues is before the trial with motions, or during the trial when the issues can be fixed. If you represented yourself the likelihood of preserving a legal issue for appeal... View More
... In 1998 (age 18) with my 14 year old girlfriend. Though law is by no means my field of expertise, I've personally done a significant amount of RSA reading and Internet scouring hoping to find anything that could free me from this "brand" I'm forced to wear. With all the... View More
answered on Jun 22, 2023
I understand your situation. RSA 651:5 defines a FSA as a "violent crime" and prohibits it from annulment. It is difficult to get removed from the sex offender registry. Here are a links to check:... View More
He was remanded to the state hospital in NH by a judge. He is being held at the county jail until a bed becomes available. He lives in PA. I want to know if there is anything I can do to get him back to a hospital in PA. The jail would not let me know the charges.
answered on Jun 19, 2023
You should contact a criminal defense lawyer in Rockingham County. I would recommend a member of NHACDL. If your son is charged you may be able to get him released on bail and take him with you to PA. I am located in Coos and handle the norther counties. If you can't find a Rockingham... View More
What is an actual free website to obtain information on the warrant in question? And what happens after they leave w/o an answer? Can they request a search warrant?
answered on Jun 1, 2023
A warrant is not limited to the county that issued it. Typically a warrant will be for a state or may include multiple states. If agent trying to enforce warrant does not get an answer they may simply come back. The warrant may indicate that it is a no knock warrant and police would be able to... View More
We were all drunk. They came, one with a gun and one without and threatened me and my family. I had a gun and told then to leave. A shot was fired by someone into the ground. They left. Who is most at fault?
answered on Apr 21, 2023
The answer depends on many factors. It really depends on the circumstances.
The law is RSA 627:4 Physical Force in Defense of a Person. –
I. A person is justified in using non-deadly force upon another person in order to defend himself or a third person from what he reasonably... View More
How would I go about doing that?
answered on Dec 19, 2022
You can fire any attorney. You would need to notify your lawyer and inform them you are unsatisfied with service and would like them to withdraw. If you have hired another lawyer the newly hired lawyer can contact the existing lawyer. It is routine that people are unhappy with their lawyer for... View More
If the warrant is for a FTA out of PA & they pick u up for that & hold you in jail until you go to court for an extradition hearing what can someone expect to happen?
answered on Dec 6, 2022
It depends on the warrant. The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a "treason, felony or other crime" to the state from which the fugitive has fled. The state that issued the... View More
I work for a town municipal department in New Hampshire and we're (public works dept.) having trouble with some residents going through our road closed sign. Our signs are properly placed out from another. We have a "road closed ahead" at each entrance into the road and our... View More
answered on Jun 15, 2022
Thanks for posting your question. I represent only folks charged with a crime so I would do not actually bring any charges. However, in the past I have represented citizens that have been charged for entering a closed road with various violations.
I would think that your local PD would be... View More
answered on Jun 9, 2022
Grand jury hearings are secret in NH and federally.
A Grand Jury considers evidence presented by the government and decides whether there is sufficient evidence to formally charge a person with committing a crime.
Secrecy prevents those under scrutiny from fleeing or importuning... View More
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