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 legal assistance? I need to know. I want to get it annulled. I'm not convicted
I think I understand your question to mean you were convicted in New Hampshire for a violation on 1/7/19 with a one year good behavior period. You want to get that conviction annulled but in August of 2019 you were arrested for a different charge in New York. I assume that charge is still pending?
If your initial NH conviction was for a violation-level offense, you would have been eligible to petition to annul that charge one year after you finished serving your sentence (which was 1/7/20, after the one year good behavior period was completed). That would make you eligible on 1/7/21.
HOWEVER, any subsequent conviction will stop you from filing a petition to annul. If you have a charge pending, but have not been convicted, no judge in the State would grant a petition to annul until your NY charges are resolved. Sorry. If you resolve your NY charges without a conviction, then a petition to annul the NH charge might be considered, depending on the circumstances.
1 user found this answer helpful
A: 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 it is denied then you have to wait for 3 years.
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.