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New Hampshire Questions & Answers
1 Answer | Asked in Civil Litigation for New Hampshire on
Q: what public policy considerations are involved in a case like this?
Tim Akpinar
Tim Akpinar answered on Sep 24, 2020

Something may have gotten left off when you uploaded your post. You could try posting again (don't included personal details about yourself or the case), or you could reach out to New Hampshire attorneys to discuss the case. Good luck

Tim Akpinar

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 Business Formation and Tax Law for New Hampshire on
Q: I’ve started selling 20 years worth of saved up stuff on eBay. I’m starting to think I may hit the 20k threshold 4 1099

We have 5 kids and 20 years worth of all you can imagine from that and inherited items. We both work, I make over 100k. This thing I’ve been procrastinating to do is a ton of work but also fun and rewarding. I’m probably going to hit the 20k cash in threshold for PayPal to issue a 1099. I’ve... Read more »

Eric Steven Day
Eric Steven Day answered on Sep 19, 2020

The IRS has what’s considered a the hobby loss rules, which is essentially they will check to see whether you have entered into business with a profit motive. If you never make a profit and your intent is to tak the losses on your return, the IRS will consider what your doing a hobby and not an... Read more »

1 Answer | Asked in Family Law for New Hampshire on
Q: Is it legal to cross out a part of your will as long as you initial it?
Tim Akpinar
Tim Akpinar answered on Sep 18, 2020

You posted this under Family Law and it remains open for two weeks. There's no guarantee that all questions are picked up, but you might have better chances of input in the Probate and Estate Planning categories. Or you could reach out to local attorneys who practice in those areas. Good luck... Read more »

1 Answer | Asked in Family Law for New Hampshire on
Q: Our parenting plan is from 2013, daughter is now 9. How likely am I to get overnight time during the week?

Our old parenting plan is from 2013, however for the last 5 yrs or so we have followed an every other weekend schedule, to taking her during the week as well. My daughter has voiced she wants to spend more time on the weekend with us because her mom is now not letting me have her at all during the... Read more »

Joseph Caulfield
Joseph Caulfield answered on Sep 15, 2020

Your case sounds excellent to me.

1 Answer | Asked in Business Law for New Hampshire on
Q: I am setting up a payment plan with my kid's orthodontist. Is it legal for them to ask me if I rent or own a home?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 9, 2020

That is a very common question in credit applications. You will also be asked the amount of your monthly rent or mortgage payment and how many years you have lived at your current address. If you rent, the monthly expense will not show in your credit report which is usually obtained as part of... Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: I gave company three months notice that I would be taking early retirement. I then took my remaining vacation days.

While still an employee on vacation and months before my retirement date. The company is now offering an early retirement package. I was sent an email notification stating I am eligible for this as well as details and amounts on what I would receive if I elect to take this package. I am not sure if... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 3, 2020

Hi. I would accept the package in writing. You can work with your employer on a return to work date and finishing out the year and the employer can determine if there was any error in sending you the offer. In most cases, if someone makes an offer and that offer is accepted, the agreement is... Read more »

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: I was charged with D.U.I 265:A2 I am from Florida and have to come back for hiring on Nov 5, 2020 What happens next
Leonard D. Harden
Leonard D. Harden answered on Sep 2, 2020

It sounds like this hearing would be an arraignment. You should contact a qualified lawyer that focuses on DWI defense near the location of the town that charged you. I would suggest that you look for a member of DUIDLA or NCDD.

I have attached link to FAQ about court on my website:...
Read more »

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: My 17 yr old got a dui in May 20. He did not take test. And had his license taken. His court date in June was canceled

with no future date. Can he get his licence back until he is proven guilty in court. New hampshire

Leonard D. Harden
Leonard D. Harden answered on Aug 7, 2020

There are lots of variables. If the loss of license was from the DMV for a refusal he can pay a reinstatement fee after 6 months. I would encourage contacting a qualified DWI attorney.

1 Answer | Asked in Car Accidents for New Hampshire on
Q: I was uninsured in an auto accident (nh) chain reaction crash I hit the person in front of me at 5 mph need help

The only damage to the rear of her car was a scratch on the bumper - she hit the person in front of her hard enough to total her car. I have pictures at time of accident to prove so. They are trying to bill me $6000 for her totaled car. The police report states I pushed her into the car in front of... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 3, 2020

A New Hampshire attorney could advise best, but your question remains open for two weeks. It could be a tough situation without video evidence or eyewitness testimony. You could look into whether a local attorney could offer a brief consult to determine the best course of action - if they see any... Read more »

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: I got a class b dwi and class a agravated dwi. What does that mean?
Leonard D. Harden
Leonard D. Harden answered on Jul 29, 2020

You have been charged in the alternative. You can only be sentenced on one offense. It is common for the state to charge both an aggravated and a DWI 1st in many scenarios: a test over .16, eluding police, high speed etc. If state fails to prove the aggravating circumstance then court can... Read more »

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 Banking for New Hampshire on
Q: If I’m the secondary account holder/shared account holder for a bank account do I have equal rights to the funds?

It’s a holy rosary credit union account if that helps

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 18, 2020

You need the Terms & Conditions given at the time of account opening (or the latest published version, usually available at branch locations for customers that request it.) Some banks may have it online for download, especially if you have online banking. The account may read "A or B"... Read more »

1 Answer | Asked in Estate Planning for New Hampshire on
Q: Can descendent leave a sum of money to an heir, and stipulate that the heir must pay another heir out of those proceeds?

For example, the decedent leaves $300,000 to Child A and in the will instructs Child A to pay $100,000 to Child B. Can that be done? I'm wondering if there might be tax implications because is Child B's money and inheritance or a gift, at that point?

I'm also confused as... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2020

It is a poor drafting technique, but it can be done as long as the will is clear on that. The amount paid from A to B, if that is what the will clearly instructs, would be considered B's inheritance directly from the decedent, and not a gift from A to B. In such a situation, A would be... Read more »

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 Employment Discrimination and Employment Law for New Hampshire on
Q: Been falsely accused at work of an affair with an employee based on an error in an expense report I approved.

I've always had a good report with my employees but now I'm worried they will start digging through emails and misconstrue funny / friendly IMs and Email. What should I do ?

Raul Jauregui
Raul Jauregui answered on Jun 11, 2020

welp, I don't think this is as much of a legal question as one of perception and general office culture well being. So my reaction would not be legal, but would be to look at the better examples of people who have first changed their office's culture and later, if the matter came up,... 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 Family Law, Estate Planning and Probate for New Hampshire on
Q: IS TITLE XLIIIDOMESTIC RELATIONSCHAPTER 457MARRIAGESProof of MarriageSection 457:39, a valid statute

I have recently lost my domestic partner of over 23 years. We were never formally married, but in my research into the matter I came across TITLE XLIII




Proof of Marriage

Section 457:39: 457:39 Cohabitation, etc. –... Read more »

Joseph Caulfield
Joseph Caulfield answered on Jun 3, 2020

Yes, the statute is valid.

This is NH's limited acknowledgement of common law marriages.

You can file in the probate court a petition for an intestate share of your partner's estate.

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 Family Law for New Hampshire on
Q: If a Father signed over his rights in NH under false pretenses by the mother, Is there a way for him to get visitation?

Father thought he was making the best decision for his two children, the mother wasn't willing to work with him about anything and he didn't want to put his kids through that. She told him he could still see them and be in their lives but five years later and that is not the case. He... Read more »

Brian Waller
Brian Waller answered on May 13, 2020

If the case where this happened was in NH originally and the kids still live in NH, this would be a NH case and the laws may be slightly different. In general, unless there was something in the written agreement he probably doesn't have much of an argument, unfortunately. Obviously, every case... Read more »

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