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New Hampshire Constitutional Law Questions & Answers
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 Litigation and Constitutional Law for New Hampshire on
Q: In the event someone borrowed my $1,000 mountain bike and he left it on someone's summer property in December and the

Owners of the property saw him on there cameras and they called the police. He ran and left my bike behind are the cops allowed to keep it? His court dates are all cleaned up and they wanted proof it was mine so I showed pictures of it in my yard and they are saying that it could have been stolen... View More

James L. Arrasmith
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answered on Dec 8, 2023

In this situation, the police may retain the bike temporarily as part of their investigation, especially if there's uncertainty about its ownership. It's important to continue cooperating with the police, providing any additional evidence you have that supports your claim of ownership.... View More

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 Family Law, Adoption and Constitutional Law for New Hampshire on
Q: I've had guardianship of my grandson over 1 1/2 yrs., The parents have had no contact, is this enough grounds for TPR

I have already adopted my granddaughter from the same parents but had help through DCYF for that, now I'm in my own and I'm flying blind... any help would be great

James L. Arrasmith
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answered on Oct 15, 2023

In many jurisdictions, prolonged absence or lack of contact by parents can be grounds for termination of parental rights (TPR). However, each state has its specific criteria and timelines for what constitutes abandonment or neglect. Since you've already adopted your granddaughter, it may set a... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Constitutional Law for New Hampshire on
Q: What happens if local law enforcement does not act on this statute as the defendant creates breach of bail times 2

As I am a victim of a violent crime by strangulation by weapon (cane)on city trans. individual was arrested charged with a felony 2nd degree assault by strangulation (i believe being charged incorrectly)and now as the defendant since committed breach of bail x2 being in direct contact with me... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm sorry to hear about your situation. When a defendant breaches conditions of bail, the court can revoke the bail and take the defendant into custody. Law enforcement is tasked with enforcing bail conditions and, if they fail to do so, they may not be upholding their duties appropriately.... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Constitutional Law and Municipal Law for New Hampshire on
Q: can a police officer run my name through DMV RECORDS without a violation or traffic stop just to see if i have a license

if a police officer drives by me and i have had no police contact or reason for my information to be searchd online, did not break and traffic laws to warrant a stop, was not infact even pulled over for anything, can he just plug my name in the nh dmv database to see if i have a valid drivers... View More

James L. Arrasmith
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answered on Sep 11, 2023

Law enforcement officers generally have broad authority to access DMV records, which includes license status information. This access, however, should be exercised for legitimate law enforcement purposes and not on a whim or for personal reasons. If you believe your rights have been violated, you... View More

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 Banking, Civil Litigation and Constitutional Law for New Hampshire on
Q: What standing does the 14th amendment have over any type of bank debt ? My understanding is debt occured that is funded

By the European Cental Banks (Fed is funded by those banks) are unconstitutional under the 14th amendment ?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 30, 2020

The fourteenth amendment does not apply to any sort of "bank debt" per se--European or otherwise. The fourteenth amendment--among many other things--protects all individuals subject to the Constitution--and certain entities--from a state government "taking" of property without... View More

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, 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 Constitutional Law and Municipal Law for New Hampshire on
Q: If a town allows fundraisers for schools and town events, can they deny a church request to post similar fund raisers?

Town newsletter has traditionally allowed church secular fundraisers to be published until July 2015 when a new policy was adopted. New policy states the newsletter cannot "promote a religious point of view". I have pointed out that this policy may be newly iterated but it has always... View More

Israel Piedra
Israel Piedra
answered on May 31, 2016

Research would be necessary to definitively answer this question. However, it seems like the town is simply limiting the newsletter to government-sponsored events. If the town was allowing private events to advertise, but not similar church-sponsored events, there might be a First Amendment... View More

1 Answer | Asked in Constitutional Law for New Hampshire on
Q: Define the constitutional right to privacy arguement
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

You asked this nearly 5 years ago. Have you gotten a grip on your own argument regarding this?

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