Topsfield, MA asked in DUI / DWI for New Hampshire

Q: Aftergetting guilty verdict dui bench trial.Mistakes made by judge.Should I put motion in pointing them out or on appeal

Related Topics:
2 Lawyer Answers
Leonard D. Harden
Leonard D. Harden
Answered
  • DUI & DWI Lawyer
  • Lebanon, NH
  • Licensed in New Hampshire

A: It is likely too late to undo or fix an error after a finding of guilty by a judge in district court. The best time to raise issues is before the trial with motions, or during the trial when the issues can be fixed. If you represented yourself the likelihood of preserving a legal issue for appeal is very low. If charged with a class A misdemeanor you have 3 days after a finding to seek an appeal to the superior court for a new trial.

If you had an attorney for the trial you should discuss appeal options with that lawyer.

Albert Hansen agrees with this answer

Albert Hansen
Albert Hansen
Answered
  • DUI & DWI Lawyer
  • Kennebunk, ME
  • Licensed in New Hampshire

A: File a Motion to Reconsider citing the issues of law or findings of fact you believe the Judge misapprehended. This must be done within 10 days of sentencing. If you are outside that 10-day window, file a Motion for Late Filing as well explaining why you were late. This tolls the 30-day appeal period within which a Notice of Appeal must be filed with the NH Supreme Court. An appeal must be filed within 30 days of sentencing unless tolled by the previous filing. If a class A misdemeanor, you can appeal for a trial de novo (Jury Trial in Superior Court) per the previous answer. Call a DWI lawyer.

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.