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Questions Answered by Leonard D. Harden
1 Answer | Asked in Criminal Law for New Hampshire on
Q: My husband was arrested for a Misdemeanor B theft that happened 2 years ago. We are in NH. Statue of Limitations?

they have video of the theft

Leonard D. Harden
Leonard D. Harden answered on Feb 14, 2020

Class B misdemeanor SOL is 1 year, there are some exceptions see RSA 625:8 below:

625:8 Limitations. –

I. Except as otherwise provided in this section, prosecutions are subject to the following periods of limitations:

(a) For a class A felony, 6 years;

(b) For a...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I go to jail for not paying restitution how much do I get charged a day until it's paid off in nh
Leonard D. Harden
Leonard D. Harden answered on Jan 27, 2020

A person who is serving time for not paying restitution will get no credit toward the amount owed. The only credit that would be provided is for a fine or penalty assessment owed to the state. Restitution is provided directly to a victim of a crime. Restitution is provided by RSA 651:63.... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: The issue at hand involves an individual on parole who has medical issues preventing compliance with terms of probation.

Female found unresponsive and resuscitated from days of extreme carbon monoxide poisoning, male counterpart deceased, medical records indicate mental conditions as a result, not including the effects of her loss.

**female, not long after, arrested, charged and jailed for wreckless driving,... Read more »

Leonard D. Harden
Leonard D. Harden answered on Dec 6, 2019

This is a very case specific matter. It is vital that she have an attorney who knows all the facts and background to help. This is not something I would try to provide an answer or even any ideas about online. Contact a defense attoreny near where she has court who is licensed in both MA and NH.... Read more »

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Can I be charged with a DUI if I wasn’t under the influence
Leonard D. Harden
Leonard D. Harden answered on Dec 4, 2019

Yes, a person can be charged with a DUI as long a police officer believes there is impairment from alcohol or drugs. This is a very subjective decision to charge a person. If you are charged with a DUI you should contact a lawyer that focuses their practice on defending them. I would encourage... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can a person with offenses of NH RSA 632-A:3, III have their status reduced after 20 years
Leonard D. Harden
Leonard D. Harden answered on Nov 13, 2019

A conviction for felonious sexual assault may not be annulled, per RSA 651:5.

If you are looking to amend your status from a Tier II or lifetime offender and were convicted prior to the establishment of the sex offender registry then RSA 651-B:6 would control.

The steps to follow...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: my friend is 15 & her boyfriend is 19... will her boyfriend go to jail even though it was completely consensual?

she is pregnant

Leonard D. Harden
Leonard D. Harden answered on Sep 2, 2019

It depends. RSA 632-A:3 says it is a crime to “Engage in sexual penetration with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more”

Your friends dob and the...
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1 Answer | Asked in Criminal Law and Traffic Tickets for New Hampshire on
Q: Out of gas off the highway,can officers require proof of id and registration?

It led to driving on suspended.

Leonard D. Harden
Leonard D. Harden answered on Aug 4, 2019

Yes, police in NH can demand license and registration. The issue may be was there another person who could have been the driver.

See RSA265:4 Disobeying an Officer. –

I. No person, while driving or in charge of a vehicle, shall:

(a) Refuse, when requested by a law...
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2 Answers | Asked in DUI / DWI for New Hampshire on
Q: If an officer requires a breathalyzer,i refuse,hes says dui,2 secs later i agree can he refuse?New Hampshire.

He asked for the breathalyzer an hour after arrest at precinct.Then wrote in report methadone,prescribed.Resulted from break down on the highway.Literally 2 secs after refused breathalyzer i agreed to it.The Sargent said it had been too long since the arrest.If thats the case why adminester one an... Read more »

Leonard D. Harden
Leonard D. Harden answered on Aug 4, 2019

There is a case in NH that permits a chemical test to be admitted 2 hours after driving. The circumstances of request to test are important and make a difference. If advised of ALS rights, then the issue becomes was the rescission reasonable.

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1 Answer | Asked in Criminal Law and Traffic Tickets for New Hampshire on
Q: What actions do I take? MOTION? To Vacate, for Dismissal, A Continuance... and to which relevant reasoning, under each?

My fiance was charged and arrested for Reckless Conduct-Deadly Weapon, his motorcycle. He missed the hearing on June 6th and when he was arrested for the non appearance, they set bail conditions and supervision check ins but never issued another date to answer to the claims and allegations of... Read more »

Leonard D. Harden
Leonard D. Harden answered on Jul 22, 2019

The Court and the NH DMVar e completely separate entities. NH DMV has statutory authorities and administative rules that control. The hearing at the DMV does not require nor depend on a criminal case.

It also seems like the court cleared the default and a new date will be set....
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: What sentence would you receive if convicted of class b felony for forgery?
Leonard D. Harden
Leonard D. Harden answered on Jun 6, 2019

It depends on many factors. There is no sentence that is imposed on a forgery conviction. The maximum for a class B felony is 3.5 to 7 years and a $4,000 fine. The minimum is nothing. Factors that are important include: criminal history, type of forgery, amount of loss, restitution paid in... Read more »

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Is normal to be given 2 complaint slips? One for aggravated dui and claimed I eluded the officer, the other just a dui?

I saw a cop turn around and was nervous, he did not have his blues on. I pulled down a side street and parked in a random driveway. He then pulled up put his blues on and arrested me for dui after a field test.. but is trying to charge me for aggravated dui for eluding him, but why would he hand me... Read more »

Leonard D. Harden
Leonard D. Harden answered on Jun 4, 2019

The charges are in the alternative. This means that the state may seek the enhanced penalty that an aggravated DWI carries if they prove the eluding. As a fall back the state can rely on the the DWI 1st offense.

It is important that you talk with a qualified DWI attorney ASAP. You have...
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