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New Hampshire Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for New Hampshire on
Q: If I have a warrant out of Merrimack county why would the local cops from Sullivan county come knocking on my door?

What is an actual free website to obtain information on the warrant in question? And what happens after they leave w/o an answer? Can they request a search warrant?

Leonard D. Harden
Leonard D. Harden
answered on Jun 1, 2023

A warrant is not limited to the county that issued it. Typically a warrant will be for a state or may include multiple states. If agent trying to enforce warrant does not get an answer they may simply come back. The warrant may indicate that it is a no knock warrant and police would be able to... Read more »

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1 Answer | Asked in Criminal Law for New Hampshire on
Q: If people say they're coming to my house to kill me and I say come on then am I at fault if they show up with guns?

We were all drunk. They came, one with a gun and one without and threatened me and my family. I had a gun and told then to leave. A shot was fired by someone into the ground. They left. Who is most at fault?

Leonard D. Harden
Leonard D. Harden
answered on Apr 21, 2023

The answer depends on many factors. It really depends on the circumstances.

The law is RSA 627:4 Physical Force in Defense of a Person. –

I. A person is justified in using non-deadly force upon another person in order to defend himself or a third person from what he reasonably...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: Am I allowed to fire my public defender and hire a paid attorney to take over my case?

How would I go about doing that?

Leonard D. Harden
Leonard D. Harden
answered on Dec 19, 2022

You can fire any attorney. You would need to notify your lawyer and inform them you are unsatisfied with service and would like them to withdraw. If you have hired another lawyer the newly hired lawyer can contact the existing lawyer. It is routine that people are unhappy with their lawyer for... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: What is the law in New Hampshire regarding extradition? For example if someone has a warrant out of PA, & is picked up.

If the warrant is for a FTA out of PA & they pick u up for that & hold you in jail until you go to court for an extradition hearing what can someone expect to happen?

Leonard D. Harden
Leonard D. Harden
answered on Dec 6, 2022

It depends on the warrant. The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a "treason, felony or other crime" to the state from which the fugitive has fled. The state that issued the... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Hampshire on
Q: What can I report a town resident for going through a "road closed" sign?

I work for a town municipal department in New Hampshire and we're (public works dept.) having trouble with some residents going through our road closed sign. Our signs are properly placed out from another. We have a "road closed ahead" at each entrance into the road and our... Read more »

Leonard D. Harden
Leonard D. Harden
answered on Jun 15, 2022

Thanks for posting your question. I represent only folks charged with a crime so I would do not actually bring any charges. However, in the past I have represented citizens that have been charged for entering a closed road with various violations.

I would think that your local PD would be...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: If a grand jury indicts someone, what are the defendant rights ? Do they get to know what was said at the grand jury?
Leonard D. Harden
Leonard D. Harden
answered on Jun 9, 2022

Grand jury hearings are secret in NH and federally.

A Grand Jury considers evidence presented by the government and decides whether there is sufficient evidence to formally charge a person with committing a crime.

Secrecy prevents those under scrutiny from fleeing or importuning...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I have a confession from my ex cell mate should I contact the prosecutor and could it help me reduce my charges?
Leonard D. Harden
Leonard D. Harden
answered on May 13, 2022

You should contact your defense lawyer. You should never speak with the prosecutor directly without your lawyer. If the information you have is valuable your lawyer should be able to assist you without risking any admission or other problems.

Do not talk to the prosecutor or police!

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can I be charged with criminal trespass for driving up a posted driveway to ask for a phone when having car troubles?

Driveway was posted however it was late and below freezing temperatures. Truck was about to die 100%. I'm on camera going up driveway and leaving. Never reached anyone for help. Found out months later there was a theft around the time I went up there to ask for a phone. Police are trying to... Read more »

Leonard D. Harden
Leonard D. Harden
answered on May 9, 2022

The answer really depends on the facts. You should contact a defense lawyer and consult about your case. If you have been charged with a criminal offense that means there is probable cause to arrest according to at least a police department and justice of the peace.

Call a well...
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1 Answer | Asked in Contracts, Copyright, Criminal Law and Products Liability for New Hampshire on
Q: What legal form can I have some sign in order to protect myself from accidentally sending nude photos to a minor?

I want to know how to protect myself legally from being extorted, violating 18 U.S.C. § 1470- Transfer of obscene material to minors, or just in general accidentally sending NSFW content to a minor because I have no idea who is on the other end of the profile looking to purchase my nude... Read more »

Michael Fischetti
Michael Fischetti
answered on Apr 27, 2023

How is it accidental?

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Is it a good idea to get a lawyer before an arraignment for misdemeanor charges?

On March 3rd I had an incident with my ex girlfriend. I was called down to the police station after for questioning. After talking to them I was arrested

My charges are:

-Class A misdemeanor domestic violence simple assualt (I grabbed her arm)

-Class B misdemeanor Criminal... Read more »

Leonard D. Harden
Leonard D. Harden
answered on Mar 8, 2022

A DV simple assault carries with it many unforeseen consequences. It may impact your firearms rights and result in travel restrictions to Canada. I would encourage you to consult with a criminal defense attorney in the area where you are charged.

In many cases charges can be amended to...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: Where can I get a form for. Petition to terminate RSA-651-B
Leonard D. Harden
Leonard D. Harden
answered on Feb 18, 2022

I think you are seeking information about a petition to annul a criminal conviction, RSA 651:5. There is a checklist found at the State of NH website: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf

You have to follow the time frame in the...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I was sentenced to surrender for 30 day weekend sentence on a certain day but finished it later on is it bail jumping

I was sentenced to surrender for 30 days on weekends on 3/26/21. I had unforeseen circumstances to not surrender until 4/16/21 but continued to to do it every weekend until I finished with good behavior on 5/31/21. So I finished the sentence just 3 weeks late. Is that still bail jumping?

Leonard D. Harden
Leonard D. Harden
answered on Jan 6, 2022

Like many things in the law the answer is it depends.

642:8 Bail Jumping. –

I. A person is guilty of an offense if, after having been released with or without bail, he:

(a) knowingly fails to appear before a court as required by the conditions of his release; or...
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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... Read 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... Read 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... Read 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... Read 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 and Federal Crimes for New Hampshire on
Q: If my son had his friend over and the friend stole a hand gun out of a lock box what could we be charged with.

The friend has changed his story 3 times already from saying my son gave them to him to he bought them from him or jumped him and took them

Leonard D. Harden
Leonard D. Harden
answered on Jun 5, 2021

It is impossible to know if any charges could be brought without more information. You should contact a defense attorney and provide more background.

It is always a good idea not to provide any statement to the police, indicating you have nothing to say is a good idea in almost all scenarios.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for New Hampshire on
Q: What should I do? I was arrested in 2011 and just vacated my warrant and set new hearing date.

I was arrested 10 years ago in New Hampshire for DUI and possession of marijuana. I was in the middle of moving out-of-state at the time, being a young and dumb 22 year old I left anyway without notifying the court or explaining to them my situation. Subsequently, I had a bench warrant placed out... Read more »

Albert Hansen
Albert Hansen
answered on Apr 26, 2021

You should definitely hire a lawyer. Feel free to call me at (207) 467-3767 for a free consultation.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Is there any exceptions when it comes to carrying a knife for a convicted felon? Size of knives or multi tool knives?

I have no violent felony’s but I have a felony drug possession charge. I live in New Hampshire

Leonard D. Harden
Leonard D. Harden
answered on Apr 19, 2021

The answer is really based on the definition of a deadly weapon found in RSA 159:3

159:3 Convicted Felons. –

I. A person is guilty of a class B felony if he:

(a) Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot,...
Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: 2021 What is the law in NH for a person with a 25 year old felony owning a bow and using it for hunting in NH?
Andrew S. Winters
Andrew S. Winters
answered on Apr 3, 2021

If the person has a felony on his or her record then he can't possess a dangerous weapon. It doesn't matter how old the felony is.

Whether a bow and arrow is considered a dangerous weapon depends on if it is "used, intended to be used, or threatened to be used, is known to...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can I get in trouble for throwing away trash in the trash can of a public business?

Not boxes or big trash bags, usually trash and wrappers from my lunch or trash I accumulated in my car like water bottles

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2021

A New Hampshire attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, some states consider it a misdemeanor, some equating it to theft of services or something along those lines. Whatever the case, it would be best to hold on to the trash until you got to... Read more »

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