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New Hampshire Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Landlord - Tenant for New Hampshire on
Q: Can the clerk issue a writ of possession for a landlord who was only granted Recovery of Rent?

The Supreme Court only allowed rent recovery and the eviction still pending. I don’t know if the clerk should get the Writ signed by the judge or not.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the limited details provided, it does not seem appropriate for the clerk to issue a writ of possession if the court only granted a judgment for recovery of rent and the eviction case is still pending.

Typically, a writ of possession is an order directed to the sheriff to remove...
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1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for New Hampshire on
Q: Can registered owner uninvolved with police stop still dispute unfair auto fees after questionable towing?

If registered owner not present during questionable traffic stop of friends leads local police to have properly parked unattended vehicle towed for search/detention absent documentation of legal cause later shown to owner...yet owner now faces loss of property without the income to keep satisfying... View More

James L. Arrasmith
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answered on Jan 16, 2024

If your vehicle was towed following a traffic stop involving others, and you believe this was done without legal cause, you have the right to dispute the towing and the associated fees. The first step is to request a tow hearing, which is your legal right. This hearing is an opportunity to argue... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Hampshire on
Q: Can registered owner uninvolved with police stop still dispute unfair auto fees after questionable towing?

If registered owner not present during questionable traffic stop of friends leads local police to have properly parked unattended vehicle towed for search/detention absent documentation of legal cause later shown to owner...yet owner now faces loss of property without the income to keep satisfying... View More

James L. Arrasmith
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answered on Jan 16, 2024

If you're a registered owner of a vehicle that was towed under questionable circumstances, you have the right to dispute the towing and any associated fees. The process typically involves requesting a post-tow hearing or similar administrative review in your jurisdiction. This is a platform... View More

1 Answer | Asked in Car Accidents, Civil Rights and Constitutional Law for New Hampshire on
Q: DO WE HAVE ANY RIGHTS?my wife let friend use her car,friend in accident .police impound.not allowed to get items out ?

our friends 2 kids were in car,no one hurt.good samaritans on scene,fire and police eventually .she was rushed to hospital.they told her she had a concussion,released her.police have impounded vehicle .the police havent talked to her AT ALL! next day dcyf calls her ex,hes not to let fr her alone... View More

James L. Arrasmith
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answered on Dec 12, 2023

In your situation, it's essential to understand that you do have rights, and your wife has rights as well. Here are some key points to consider:

Access to Personal Belongings: You have the right to access personal belongings that are in the impounded vehicle. However, the police may be...
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1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for New Hampshire on
Q: can my manufactured housing co-op which is resident owned fine me for non attendance of the annual meeting

this is their wording on an illegal by our contract mail-in vote...attendance to annual meetings is mandatory for all members .The board will consider any requests for absentee ballots that include a reason such as hospitalization or out of state .attendance to the annual is a basic responsibility... View More

William J. Amann
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answered on Nov 12, 2023

RSA 205-A defines a manufactured housing park as any parcel of land under common ownership or control that contains, or is designed to contain, two or more manufactured housing units such as mobile homes. Owners and operators of manufactured housing parks are prohibited from:

Requiring more...
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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: is it against policy in NH to serve the same meal option EVERY DAY? bologna EVERY DAY?? Green moldy bologna??

Hello. My husband is incarcerated currently and he is served the same lunch option EVERY DAY! Bologna. Green rotten bologna that is inedible, like they are animals. I don't know much about how much the state benefits from taxes )amount wise) but i DO know what I pay in taxes and the state of... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your husband is receiving inadequate meals in incarceration, this may be a matter to bring to the attention of the appropriate authorities within the correctional facility. Each state has standards for prisoner treatment that typically include the provision of nutritious and safe meals. Moldy... View 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... View 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... View 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... View 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... View 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, 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 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... View 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....
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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... View 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 Civil Rights, Constitutional Law and Small Claims for New Hampshire on
Q: Can a x gf whom moved out 3dys ago break into my house which i own an remove stuff with out me there?

Girl friend leaves me moves to another state 3 days later breaks into my house throu a window, gets her belonging, my sons which thers no court order on custody an takes some of my stuff... i called the cops an they said nothin they can do settle it in small claims...

Gary Kollin
Gary Kollin
answered on Jun 1, 2019

If the only thing she took was her own property and no or little damage occurred to house, i believe they were exercising their discretionary authority to not pursue criminal charges

1 Answer | Asked in Civil Rights, Contracts, Real Estate Law and Landlord - Tenant for New Hampshire on
Q: My son who is disabled had a verbal lease month to month with his girlfriend. In the process an aquatance established .

Residency and wont leave. Can the landlord hold me or my son responsible for this person who wont leave?

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Nov 5, 2018

If in fact, as you state, she has a month to month tenancy, then you have to give her 30 days notice to quit the apartment. These cases are tricky, if she won't leave, you should hire an landlord tenant attorney. attorney Brian Shaughnessy is the attorney I use to evict my own tenants. He is... View More

1 Answer | Asked in Car Accidents, Criminal Law, Traffic Tickets and Civil Rights for New Hampshire on
Q: Can a pickup truck towing a fifth wheel camper tow a small utility type trailer behind it
Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2018

Unlikely --and very dangerous--even if you can, you don't want to.

1 Answer | Asked in Civil Rights for New Hampshire on
Q: Yes my manager says I owe on rent and has given me 3 days to vacate or have the police remove me. Can she do that

She cited a 2010 statue RSA 540:9.

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on May 6, 2018

This is a landlord/tenant question not a civil rights question, only the government can violate your civil rights. There are not enough facts to indicate the type of Lease or rental agreement you have, but in order to force an eviction, it has to be done through the courts. make sure you have been... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Criminal Law for New Hampshire on
Q: Can you write a contract knowing it is a violation of the US Constitution

Can you write a contract knowing it is a violation of the US Constitution

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

What kind of a contract would the persons be writing that has to do with the US Constitution?

1 Answer | Asked in Employment Discrimination and Civil Rights for New Hampshire on
Q: (racism) one of my professor she behaved with me and my wife in front what can I do I can't prove it

First appointment she told me you will not continue on this program . Many times ask me to change my seat . When I try to figure why I get that grade And try to ask her how can I improve she have an answer before I ask my question. For example if I have a question related to the lecture she told... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

The best option is to contact the Dean of the school and file a complaint immediately. You can also find the student representative that was most likely assigned to you when you started school. You may also be able to file a complaint with the Human Rights Commission in Concord, NH. Good Luck!

1 Answer | Asked in Civil Rights and Criminal Law for New Hampshire on
Q: Can I purchase a firearm in New Hampshire?

Back in 2000 I'm was convicted of felony marijuana sales charge. I was sentenced to 2yrs probation and a 12mo suspended. Part of my plea deal was that upon completion of probation the charge would be reduced to misdemeanor possession, which it was. Can I purchase/possess a firearm? Any help... View More

Joseph D Garrison
Joseph D Garrison
answered on Apr 1, 2017

You need to look into annulment. If you are able to annul the charge, then you should be able to possess a firearm.

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