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?
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.
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!
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... View More 
Because my friend bought a new car and he has an intoxilock in his other vehicle
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... View More
they have video of the theft
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... View More
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.... View More
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,... View More
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.... View More
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... View More
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... View More
she is pregnant
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... View More
It led to driving on suspended.
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... View More
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... View More
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.
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... View More
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.... View More
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... View More
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... View More
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... View 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.
