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New Hampshire Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Hampshire on
Q: A town website refuses to remove my name from an online police log saying it is part of the public record, is this fair?

This situation relates to the state of NH. I have several charges that were nolle prossed, and I'm currently working through the annulment process. One online media outlet has already agreed to remove my name and scrape the meta tag from the Google search, but why won't the town?

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

It may not be fair but it is common practice. if you were found not guilty you can ask for a removal, if that doesn't work then you can ask the court to anul the arrest record.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: My 19 year son was arrested over the weekend. How do I find out the nature of the charges? Noone will speak to me

He was on pretrial probation. How do I know if he has new charges or if tbjs was a violatiin of pretrial release? Web site says he was arraigned on one charge but pending arraignment on 2

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

You can show up at the arraignment or visit him at the jail he has been located at, at the times posted for visitation.

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 Litigation, Criminal Law and Small Claims for New Hampshire on
Q: I was scammed buying a used car and am wondering if there is anything I can do to get my money back? (more info below)

I bought a used car through a private sale. The man who sold the car lied about its condition and guaranteed that it would pass inspection. When I questioned him on guaranteeing NH inspection, he then had a mechanic back him up. He had me meet him at the mechanic shop, and the mechanic said he... View More

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

You could call your local police department, and the Attorney generals office and file a complaint, they could investigate the allegation and if the mechanic did in fact pass a car and give you an inspection sticker illegally, take away his ability to give them out, fine him, or even charge him... View More

1 Answer | Asked in Criminal Law and Domestic Violence for New Hampshire on
Q: in nh during a child abuse case if someone is called in for questioning do they have to go in willingly

Meaning the alleged perpetrator.... not jist a witness

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

It would depend on the person's relation to the allegation. If someone is simply an alleged witness to the allegation then you would not have to speak to anyone if you did not want to. If it eventually arises to a criminal charge then a subpoena could be issued for a trial, but lawyers and... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: when nh police call you in for questioning do you have to go ?

Involves crime about child abuse after child was interviewed

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

No, you do not have to speak with a police officer. The Constitution allows you the right not to incriminate yourself in a criminal matter. I strongly suggest you speak with an attorney prior to going in and speaking with the police. Protect your rights.

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 Communications Law and Criminal Law for New Hampshire on
Q: My kids and I have been recorded in our home with out permission by the neighbor who posted it to public forums along

With our names. He continues repost and send to others via phone and email as well. I'm a single mother of two young girls. I've had non stop problems with this man for over six months. I have filed multiple police reports and have to call the police to the apt at least three times... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Feb 24, 2018

I don't believe this is a civil rights question, just yet, although it may be, if local law enforcement is not protecting you from someone engaged in criminal activity. I really believe you should vo above thier heads. I'm not sure what town or city you live in, but you could, in the... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: With rsa 635:2 if the structure was an unlocked unoccupied apartment is it a misdemeanor
Michael Reed
Michael Reed
answered on Jan 18, 2018

It would not fall under the "occupied" section of the law. However, RSA 635:2 states it could be a misdemeanor if another category is met. In your case, it sounds like the challenge would be to a secured structure. The RSA lays out what is classifed as a "secured structure."... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Someone trespassed (broke into) into my apartment and I have them on camera. What do I do to file a burglary charge?

They used a library card to open entry and they left the card on my kitchen counter. I have them on camera.

Israel Piedra
Israel Piedra
answered on Aug 8, 2017

Go speak to your local police.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Penalty for New Hampshire 318-B. 1st offensive for half oz marijuana and a pipe.
Joseph D Garrison
Joseph D Garrison
answered on Apr 1, 2017

The answer depends on what you've been charged with. Depending on the weight on the alleged drugs, you could be facing a felony charge which carries potential prison time and high fines. At the very least, you potentially face a misdemeanor charge which could result in jail time and a... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can you be charged with a bail violation after your case has been closed?
Joseph D Garrison
Joseph D Garrison
answered on Apr 1, 2017

Potentially. If you violated your bail conditions before the case was resolved, then yes, you could be charged.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: My boyfriend has a deferred sentence. He got a ticket recently, no arrests. Will he go to jail?
Joseph D Garrison
Joseph D Garrison
answered on Apr 1, 2017

Probably not, but it depends on the language of the deferred sentence and whether it included violations such as a ticket.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: What are the possible consequences for my minor daughter for violating a restraining order in NH?

My 17 year old daughter had a stalking petition filed against her by another student following a boyfriend/ girlfriend break-up disaster. The stalking petition was dismissed in court, but before we were able to get in front of a judge, my daughter violated the restraining order by passing the other... View More

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

It depends on the level of the charge. If she was charged with a Class A Misdemeanor, then she could go to jail. This is highly unlikely based on the facts you describe. Your daughter should consult with a criminal defense attorney asap if she hasn't already.

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.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can my 15 y/o son get in trouble for having consensual sex with his 15 y/o girlfriend?

I heard that minors are not supposed to be having sex, therefore he can get in trouble for it. Possible jail time?

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

Yes he can.

1 Answer | Asked in Juvenile Law and Criminal Law for New Hampshire on
Q: My son has been dating this girl 3 years younger than him for almost 3 years. He will be turning 18 this year.illegal?

She lives in nh.he lives in massachusetts.

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

Dating is fine but if they are having intercourse, that is illegal.

1 Answer | Asked in Criminal Law and Consumer Law for New Hampshire on
Q: I have an ex-husband claiming to have 'banned' me from my favorite restaurant, police have not contacted me am I banned?

He does not work there, he just goes there often, and sees me there on occasions, we do not speak to each other, I do not cause problems, he claims he is close with the manager and that is how he has gotten me 'banned' So, do, I need to stop going to the restaurant? Is there further... View More

Brian Lehman
Brian Lehman
answered on Mar 5, 2017

There are two ways you can be banned. First, a court may issue an order restraining where you can go. That did not happen here based on what you wrote.

Second, if the restaurant is on private property, the owner or the owner's agents (perhaps the manager) can tell you not to go on...
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1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for New Hampshire on
Q: If my daughter and her friend take car without permission, who would face criminal charges, driver or both?

Her friend was driving, if i press charges for theft, would my daughter be charged with a crime too?

They were in an unregistered car and had a accident, who is responsible for any medical bills?

Peter N. Munsing
Peter N. Munsing
answered on Feb 14, 2017

Your daughter might if she gave the keys. However the problem you may have is they probably didn't intend to steal it--just to take it without permission, which is likely a misdemeanor. I would argue the driver is repsonsible at least for herbills, possibly your daughters. If drivers parents... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Who issue criminal trespassing in the state of NH
Joseph D Garrison
Joseph D Garrison
answered on Jan 19, 2017

Your answer could use a few more facts, but in general a property owner or their designated agent may issue a no trespassing order either verbally or in writing.

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