Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Leonard D. Harden
1 Answer | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Need to know what happened with my cases after I failed to appear in court. More details below.

1-ARRESTED OR RECEIVED 2010/07/09 SID- NH772089

AGENCY-POLICE DEPARTMENT LEBANON (NH0054400)

AGENCY CASE-TNH028105571

CHARGE 1-DRIVE/ OPER UNDER THE INFLUENCE-MISD B

2-ARRESTED OR RECEIVED 2010/07/14A SID- VT321608

AGENCY-HARTFORD PD WHITE RIVER JUNCTION... Read more »

Leonard D. Harden
Leonard D. Harden answered on Aug 31, 2021

You will need to vacate the default and get put back on the trial list. The prosecutor will normally agree to this. Then we would proceed by getting discovery and analyzing your case. Sometimes older cases raise problems for the state as witnesses (police) may have retired and moved away. At a... 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 DUI / DWI for New Hampshire on
Q: if i have an intoxalock in my vehicle, am i allowed to drive work vehicles if they have samsara camera units in them?

the samsara has in vehicle cameras as well as watches seatbelt use,speed,following distance etc.

Leonard D. Harden
Leonard D. Harden answered on Aug 23, 2021

If you are required to have an interlock device installed then it must be there or you can be charged with

265-A:37 Alcohol Ignition Interlock Circumvention. –

I. Any person required by the court or by the commissioner of safety after a hearing pursuant to RSA 265-A:36-a to...
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 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 »

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 »

Leonard D. Harden
Leonard D. Harden 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... 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 DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: Once bookd at the pd for arrest if the cops let me read the miranda right aloud not them to me is that possible dismis

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... Read more »

Leonard D. Harden
Leonard D. Harden 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....
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.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can u be charged with reckless driving if a firefighter said u where but u where not pulled over
Leonard D. Harden
Leonard D. Harden 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.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can a NH town/city police officer run your plate and pull you over without a vehicle infraction on a state highway ?

When officer explained why he pulled us over , he said it was because the vehicle was registered to someone with a suspended license .

Leonard D. Harden
Leonard D. Harden 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.

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: I was charged with D.U.I 265:A2 I am from Florida and have to come back for hiring on Nov 5, 2020 What happens next
Leonard D. Harden
Leonard D. Harden 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:...
Read more »

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: My 17 yr old got a dui in May 20. He did not take test. And had his license taken. His court date in June was canceled

with no future date. Can he get his licence back until he is proven guilty in court. New hampshire

Leonard D. Harden
Leonard D. Harden 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.

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: I got a class b dwi and class a agravated dwi. What does that mean?
Leonard D. Harden
Leonard D. Harden 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... Read more »

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.