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New Hampshire Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Hampshire on
Q: My husband was arrested for a Misdemeanor B theft that happened 2 years ago. We are in NH. Statue of Limitations?

they have video of the theft

Leonard D. Harden
Leonard D. Harden answered on Feb 14, 2020

Class B misdemeanor SOL is 1 year, there are some exceptions see RSA 625:8 below:

625:8 Limitations. –

I. Except as otherwise provided in this section, prosecutions are subject to the following periods of limitations:

(a) For a class A felony, 6 years;

(b) For a...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I go to jail for not paying restitution how much do I get charged a day until it's paid off in nh
Leonard D. Harden
Leonard D. Harden answered on Jan 27, 2020

A person who is serving time for not paying restitution will get no credit toward the amount owed. The only credit that would be provided is for a fine or penalty assessment owed to the state. Restitution is provided directly to a victim of a crime. Restitution is provided by RSA 651:63.... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: The issue at hand involves an individual on parole who has medical issues preventing compliance with terms of probation.

Female found unresponsive and resuscitated from days of extreme carbon monoxide poisoning, male counterpart deceased, medical records indicate mental conditions as a result, not including the effects of her loss.

**female, not long after, arrested, charged and jailed for wreckless driving,... Read more »

Leonard D. Harden
Leonard D. Harden answered on Dec 6, 2019

This is a very case specific matter. It is vital that she have an attorney who knows all the facts and background to help. This is not something I would try to provide an answer or even any ideas about online. Contact a defense attoreny near where she has court who is licensed in both MA and NH.... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can a person with offenses of NH RSA 632-A:3, III have their status reduced after 20 years
Leonard D. Harden
Leonard D. Harden answered on Nov 13, 2019

A conviction for felonious sexual assault may not be annulled, per RSA 651:5.

If you are looking to amend your status from a Tier II or lifetime offender and were convicted prior to the establishment of the sex offender registry then RSA 651-B:6 would control.

The steps to follow...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: What happens if the individual has two priors?
Gary Kollin
Gary Kollin answered on Oct 19, 2019

It can be considered in any sentencing

1 Answer | Asked in Criminal Law for New Hampshire on
Q: my friend is 15 & her boyfriend is 19... will her boyfriend go to jail even though it was completely consensual?

she is pregnant

Leonard D. Harden
Leonard D. Harden answered on Sep 2, 2019

It depends. RSA 632-A:3 says it is a crime to “Engage in sexual penetration with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more”

Your friends dob and the...
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1 Answer | Asked in Criminal Law and Traffic Tickets for New Hampshire on
Q: Out of gas off the highway,can officers require proof of id and registration?

It led to driving on suspended.

Leonard D. Harden
Leonard D. Harden answered on Aug 4, 2019

Yes, police in NH can demand license and registration. The issue may be was there another person who could have been the driver.

See RSA265:4 Disobeying an Officer. –

I. No person, while driving or in charge of a vehicle, shall:

(a) Refuse, when requested by a law...
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1 Answer | Asked in Criminal Law and Traffic Tickets for New Hampshire on
Q: What actions do I take? MOTION? To Vacate, for Dismissal, A Continuance... and to which relevant reasoning, under each?

My fiance was charged and arrested for Reckless Conduct-Deadly Weapon, his motorcycle. He missed the hearing on June 6th and when he was arrested for the non appearance, they set bail conditions and supervision check ins but never issued another date to answer to the claims and allegations of... Read more »

Leonard D. Harden
Leonard D. Harden answered on Jul 22, 2019

The Court and the NH DMVar e completely separate entities. NH DMV has statutory authorities and administative rules that control. The hearing at the DMV does not require nor depend on a criminal case.

It also seems like the court cleared the default and a new date will be set....
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: What sentence would you receive if convicted of class b felony for forgery?
Leonard D. Harden
Leonard D. Harden answered on Jun 6, 2019

It depends on many factors. There is no sentence that is imposed on a forgery conviction. The maximum for a class B felony is 3.5 to 7 years and a $4,000 fine. The minimum is nothing. Factors that are important include: criminal history, type of forgery, amount of loss, restitution paid in... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: If a parent has a pedophile in the house with a minor, would this be considered endangerment if the minor did not know?
Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Dec 12, 2018

It depends on the level of sex offender this person is. there are laws that state a sex offender cannot be around minors so check with the local police department to make sure the person is properly registered and is registered for the home the person resides in, and the level and danger to the... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Like my domestic violence taken off my record it only happen once as I had a federal firearms license n

I never had anything in my life except this

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Dec 12, 2018

You need to file a motion in the court that you plead or were found liable for the domestic violence. There forms and the rules are on the courts website and you have to follow the rules carefully and notify the attorney generals office. There is a fee but it is reasonable. There are lawyers that... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for New Hampshire on
Q: My husband has a warrant for his arrest and he can't appear in court physicaly. out of the US.is there a way to dismiss

we were advice not to enter the US unless the court drop the warrants because he will be picked up by ICE from the airport and maybe issue a deportation proceedings. Now his green card also expired last year while he still out of the US . it has been over 4 years out of the state,

Whats... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 15, 2018

Seeking legal counsel who could represent him before the court on the charges against him could help in some way.

Unfortunately your husband’s problem has been compounded by his absence from the US for so long; he’s essentially abandoned his residence. There are ways to regain it; he...
Read more »

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 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 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, 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 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 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 police... Read more »

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... Read 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... Read more »

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