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New Hampshire Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can you have someone arrested for assaulting you if the police refuses to charge that person?

my son was assaulted and the police said that they will not arrest the person because he was defending his property. My son is intellectually disabled and he was choked, punched in the face and head. He had a black eye, bump on the back of his head, his neck hurt, a bruised shoulder and wasn't... Read more »

Leonard D. Harden
Leonard D. Harden answered on Oct 21, 2020

The state brings criminal cases. A private person may not being a criminal case. Police and prosecutors have a lot of discretion in deciding whether to bring charges or not.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can u be charged with reckless driving if a firefighter said u where but u where not pulled over
Leonard D. Harden
Leonard D. Harden answered on Oct 21, 2020

Yes. If firefighter provided a statement and police got an arrest warrant. State would need to prove who driver of vehicle was. As always it is best to not answer any questions or provide any information. Contact a defense lawyer.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can a NH town/city police officer run your plate and pull you over without a vehicle infraction on a state highway ?

When officer explained why he pulled us over , he said it was because the vehicle was registered to someone with a suspended license .

Leonard D. Harden
Leonard D. Harden answered on Sep 20, 2020

Yes random plate checks are permitted In NH. If gender of driver matches police will have right to stop vehicle.

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... Read 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 Criminal Law and Probate for New Hampshire on
Q: I owed restitution from when i was 15 can they transffer it 2 adult court and put a bench warrent if i was off probate

When I was 15 i vandalized someones car.i was supposed to pay off 1400$ and do prohibition. I finished my probation successfully and moved to virginia when i turned 18 i owe 285$ left on my probation can they transfer it to adult court because they are telling me i have a bench warrent now.

Leonard D. Harden
Leonard D. Harden answered on Jun 12, 2020

It depends. If you finished probation successfully and the case was closed it doesn't seem like there is anything that can be done. If it was left as a collections case only, they may be able to issue a warrant. I would suggest contacting the court and find out if there is a warrant and if... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: can the DEA send and wired informant to my private property to audio an video me with out me being aware

i live in new hampshire, and i own my property, i think the DEA illegal obtain a search warrant, based on video and audio from an informant that was illegal obtain,

Leonard D. Harden
Leonard D. Harden answered on Jun 3, 2020

NH law has a wiretapping statute that requires consent to record. There are exceptions including one party intercept permission to law enforcement granted by the AG office.

You should contact a lawyer to discuss the particulars of your case. Search and seizure law is constantly evolving...
Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Have you ever experienced a case where the defendant was pulled over in a vehicle registered to them, sr-22 insurance

and an interlock device all in their name but had not yet been to the dmv to take his license test/ get his license back?

Leonard D. Harden
Leonard D. Harden answered on May 15, 2020

I have represented people charged with violation of the IID law, operating without a license and after suspension. The facts of each case are unique, but it is better to speak with a person than to try to give advise generically. My office number is 603-788-2080. I handle cases in Northern NH.

1 Answer | Asked in Criminal Law and Federal Crimes for New Hampshire on
Q: What exactly is this charge? : Controlled drug act My friend got charged with this while being incarcerated

Controlled drug act.

My friend got charged with this while incarcerated, I'm not exactly sure what this means, if he was in possession of drugs, or if someone gave him drugs or what exactly happened & I can not ask him because he is in the hole. Thank you for any help!

Leonard D. Harden
Leonard D. Harden answered on Mar 16, 2020

The Controlled Drug Act is where you will find all drug offenses in the NH criminal code RSA 318-B: http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXX-318-B.htm

If your friend was in custody then it seems likely that he was found in possession or trying to get a controlled substance...
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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...
Read more »

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...
Read more »

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...
Read more »

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...
Read more »

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....
Read more »

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 »

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