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New Hampshire Questions & Answers
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...
Read more »

1 Answer | Asked in Car Accidents for New Hampshire on
Q: Someone opened their door on a busy road and their door hooked on my rear passenger side and damaged my vehicle.

They damaged my back and I don't want to have to pay my deductible to get it fixed because it's not my fault. Is there anyway to avoid the deductible? She does not have insurance

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2022

A New Hampshire attorney could advise best, but your question remains open for two weeks. Many jurisdictions have traffic laws placing the responsibility on the occupants of the parked car in opening a door into traffic. Only a local attorney could advise there. However, as a general matter... Read more »

1 Answer | Asked in Estate Planning for New Hampshire on
Q: Will question : if a will is drawn up in one state and then the person lives in another state us will valid ?

Mother moved to another state for last 12 years of her life , is the will valid in the second state ?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 9, 2022

Most states do honor a will drawn up in another state as long as the will was validly created in the other state according to the laws of the other state as the time the will was executed. However, that creates a problem of proof in the new state. When it comes to probating the foreign will, the... Read more »

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...
Read more »

1 Answer | Asked in Contracts for New Hampshire on
Q: Bill of sales not completed

Was sold a car, Private sale, and was lied to about the condition the car was in. I know I most likely will have nothing there to get money back on, but in the bill of sales there were items that were listed that were not given or received. The price of all items adds up to about 9k, and because of... Read more »

William J. Amann
PREMIUM
William J. Amann
answered on May 13, 2022

It sounds like you probably do have a case. Would need to know the terms of sale in bill of sale, if any and any oral representations. Might be worth sending the seller a demand letter.

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 Business Law, Construction Law and Contracts for New Hampshire on
Q: Customer breached contract when calling my insurance for damages; Terms and conditions clearly state - not liable

Removing and replacing roof including the framing. No roof, just tarps, some water got in. It was expected in this type of job, hence the terms and conditions. Customer filed a claim with my insurance even though the Terms and Conditions she signed directly states that I'm not liable for any... Read more »

William J. Amann
PREMIUM
William J. Amann
answered on May 11, 2022

It sounds as if the homeowner breached your contract by filing an insurance claim when she shouldn't have. I'd ask her to withdraw the claim. It sounds like she is also interfering with your General Contractor. Yet, since you stated things seem to be ok for the moment, that's... Read more »

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...
Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for New Hampshire on
Q: I've a civil judgement vs. a person for a hit/run case in MA. The person own property in NH. Can I file a lien against

Property is owned by a corporation, where the driver of the truck is the president. The truck was registered in NH without insurance and was registered to the corporation.

William J. Amann
PREMIUM
William J. Amann
answered on Apr 28, 2022

Good morning. From what you've described, you should be able to pursue a lien against the person's real property in NH.

2 Answers | Asked in Immigration Law for New Hampshire on
Q: How long does it take to get a green card through marriage in New Hamphsire
Agnes Jury
Agnes Jury
answered on Apr 24, 2022

You can check the processing times at https://egov.uscis.gov/processing-times/

Best wishes!

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1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Can an employer require you to give a reason when requesting a day off?

A new manager put in place a rule that if you are asking for time off you must provide a reason for that request. If the reason isn't good enough, you are denied your request. The request sheet is left out so that anyone can see your request.

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 19, 2022

Yes. Since paid time off is not required by law, employers have a lot of discretion to define the terms of when and how employees can use it. If you don't want your requests to be seen by others, you can ask to mark the days you'd like off on the sheet and separately email or message your... Read more »

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: My childrens father moved out of NH to GA and left me with the children how long before I can go for full custody.

We were never married never been to court.I’ve always been the primary provider for the children.He rarely reaches out to them since he’s been gone and isn’t providing any type of support.

Matthew D. Minuti
Matthew D. Minuti
answered on Apr 14, 2022

Assuming NH is the home state of you and the children, you don't need to wait! You would be filing a parenting petition seeking sole decision-making responsibility and residential responsibility for the children. Because the children are exclusively your responsibility, you may also want to... Read more »

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: During an IME DOES THE DOCTOR HAVE A RIGHT TO THE WITNESS NOTES

Witness for injured person

Michael Levin
PREMIUM
Michael Levin
answered on Apr 12, 2022

Great question. No, the IME doctor is there to do an exam and send their report to the workers

comp. insurance. That's it. You have the right to have a witness with you. The doctor has no right to see what the witness writes down. Whether those notes would be admissible in...
Read more »

1 Answer | Asked in Divorce for New Hampshire on
Q: My husband and I want a divorce but want to refinance the house, I get the equity and he gets the house.

Do we do this before, after or during the divorce? I need the money for a new start for me and my children but I’m afraid I won’t get it somehow.

Ora Schwartzberg
PREMIUM
Ora Schwartzberg
answered on Mar 20, 2022

The best way is for the two of you to meet with an attorney mediator who will help you identify and resolve all the financial issues at one time. Once you reach an agreement you can decide when you would like to refinance. You can then file your agreement with the Court along with a joint... Read more »

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...
Read more »

1 Answer | Asked in Foreclosure for New Hampshire on
Q: what is considered an official notice of foreclosure? Notice on our bill. CS said ignore it.
Leonard G Deming
Leonard G Deming
answered on Mar 1, 2022

I am not sure who "CS" is (case servicer?) but in New Hampshire a formal notice of foreclosure must be sent to the last known address of record via certified mail, return receipt requested. It will have a date and time certain as to when the sale will occur. For residential property, this... Read more »

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...
Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for New Hampshire on
Q: I'm hoping to get info on settling a claim after I was rear-ended by another driver in my handicapped/wheelchair van

All State is the insurance and is willing to settle the medical portion but because they could not find an adequate vehicle for me to use and because of the nature of the repairs, I was out a vehicle for more than 3 weeks. My daughter has a specialized wheelchair and we missed out on a lot of fun... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 18, 2022

You do not have to hire a lawyer but most insurance companies will not take you seriously without a lawyer, especially on a loss of use claim and/or speculative general damages. That said, it is your choice. Please note that most attorneys practicing in the filed of injury/accident law will... Read more »

1 Answer | Asked in Car Accidents for New Hampshire on
Q: Is it legal for snow plows to run stop signs and red lights
Tim Akpinar
Tim Akpinar
answered on Jan 18, 2022

A New Hampshire attorney could advise best, but your question remains open for two weeks. Nationwide, snow plows are cut some slack because of the importance of their work and pressure to keep roads clear during heavy snowfalls, despite the fact that in many places, they do not enjoy special... Read more »

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...
Read more »

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