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Questions Answered by Leonard D. Harden
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 »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for New Hampshire on
Q: On June 22 my nephew came into my home, I asked if he was armed. He refused to answer. He did say I should be afraid of

My nephew and his wife were going to lease my house but because of a disagreement with the pet section of the lease, he, his wife and his father came to my house on June 22. When I told them that the pet section was clearly written, they began to swear and yell at me. As this melee escalated, I... Read more »

Leonard D. Harden
Leonard D. Harden answered on Jun 24, 2020

I am not sure I heard a question. It seems more like a statement. It also appears as though you are concerned about your safety and if you think a crime has occurred you may want to report it to the police.

1 Answer | Asked in Criminal Law and Probate for New Hampshire on
Q: I owed restitution from when i was 15 can they transffer it 2 adult court and put a bench warrent if i was off probate

When I was 15 i vandalized someones car.i was supposed to pay off 1400$ and do prohibition. I finished my probation successfully and moved to virginia when i turned 18 i owe 285$ left on my probation can they transfer it to adult court because they are telling me i have a bench warrent now.

Leonard D. Harden
Leonard D. Harden answered on Jun 12, 2020

It depends. If you finished probation successfully and the case was closed it doesn't seem like there is anything that can be done. If it was left as a collections case only, they may be able to issue a warrant. I would suggest contacting the court and find out if there is a warrant and if... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: can the DEA send and wired informant to my private property to audio an video me with out me being aware

i live in new hampshire, and i own my property, i think the DEA illegal obtain a search warrant, based on video and audio from an informant that was illegal obtain,

Leonard D. Harden
Leonard D. Harden answered on Jun 3, 2020

NH law has a wiretapping statute that requires consent to record. There are exceptions including one party intercept permission to law enforcement granted by the AG office.

You should contact a lawyer to discuss the particulars of your case. Search and seizure law is constantly evolving...
Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Have you ever experienced a case where the defendant was pulled over in a vehicle registered to them, sr-22 insurance

and an interlock device all in their name but had not yet been to the dmv to take his license test/ get his license back?

Leonard D. Harden
Leonard D. Harden answered on May 15, 2020

I have represented people charged with violation of the IID law, operating without a license and after suspension. The facts of each case are unique, but it is better to speak with a person than to try to give advise generically. My office number is 603-788-2080. I handle cases in Northern NH.

1 Answer | Asked in Criminal Law and Federal Crimes for New Hampshire on
Q: What exactly is this charge? : Controlled drug act My friend got charged with this while being incarcerated

Controlled drug act.

My friend got charged with this while incarcerated, I'm not exactly sure what this means, if he was in possession of drugs, or if someone gave him drugs or what exactly happened & I can not ask him because he is in the hole. Thank you for any help!

Leonard D. Harden
Leonard D. Harden answered on Mar 16, 2020

The Controlled Drug Act is where you will find all drug offenses in the NH criminal code RSA 318-B: http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXX-318-B.htm

If your friend was in custody then it seems likely that he was found in possession or trying to get a controlled substance...
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1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Can you register a new car and drive it if you have an intoxilock in another vehicle?

Because my friend bought a new car and he has an intoxilock in his other vehicle

Leonard D. Harden
Leonard D. Harden answered on Mar 16, 2020

It is a crime to operative any vehicle not equipped with the IID if so ordered.

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 install an ignition interlock...
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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...
Read more »

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