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New Hampshire Questions & Answers
1 Answer | Asked in Family Law for New Hampshire on
Q: Can my sons mother move out of state without telling me?

Current custody agreement states parenting time at discretion of the mother and I have had my son overnights every other weekend for years. I have just found out she is packing up and moving out of state without notifying me. I called child services because I was worried for him 3 weeks ago and... Read more »

Andrew S. Winters
Andrew S. Winters answered on Dec 5, 2020

Are you sure there is nothing in the order about relocating? If you look at the court approved form parenting plan, section "F" addresses relocation: https://www.courts.state.nh.us/forms/nhjb-2064-f.pdf

It is possible your parenting plan doesn't include that section but...
Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can you be charged for belongings taken out of your sight before being searched?
Leonard D. Harden
Leonard D. Harden answered on Dec 5, 2020

Yes, there may be an argument that the item was planted. It may be a defense but there is no requirement that you be present during a search and seizure of contraband.

1 Answer | Asked in Car Accidents for New Hampshire on
Q: I was in an accident with a motorcyle and he did not have a motorcycle license and the police are blaming me .

Even though multiple people reported him driving erratic through the town of laconia.

Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

A New Hampshire attorney could advise best, but your post remains open for three weeks. As a GENERAL matter NATIONWIDE, the scenario you describe is possible if the officers determined that the motorcycle bore less liability in the accident. That doesn't change the fact that they could still... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for New Hampshire on
Q: If I say "I intend to publish this embarrassing info about you. Try to talk me out if it"?

In the state of NH, if I decide to publish embarrassing, but accurate, information about another person, does simply giving that person the opportunity to talk me out of publishing constitute blackmail, if talking itself is the one thing that other person doesn't want to do?

I got one... Read more »

Leonard D. Harden
Leonard D. Harden answered on Nov 22, 2020

Like many things in life. The answer to this question depends what the information consists of. There are criminal charges for blackmail (extortion), revenge porn and others. It largely depends on the nature of the embarassing information and the intent you possess that may dissuade publication.... Read more »

1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: Once bookd at the pd for arrest if the cops let me read the miranda right aloud not them to me is that possible dismis

Was arrested for refusing breathalyzer, after passing field test. While being booked at the station, the officer started to read the miranda rights and I forget why I said, do u want me to read it? I think it's because he was flopping over words and with masks I cant hear him well anyways. He... Read more »

Leonard D. Harden
Leonard D. Harden answered on Nov 22, 2020

This is a commonly asked question. I have answered it in a FAQ on the internet. http://nhcriminallaw.com/frequently-asked-questions/

Here is the law a about Miranda:

What if the police don’t read me my rights?

This is one of the most commonly asked questions....
Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: What happens when you get charged with a misdemeanor ?

I was charged with facilitating an underage drinking party. I’m underage myself (19) to be exact. I’ve never been charged with anything not even a ticket. What should I expect ?

Leonard D. Harden
Leonard D. Harden answered on Nov 9, 2020

You should call a defense attorney where the charge is pending. There are various options but they are almost all dependent on the location of the charges. There are a wide range of outcomes largely based on where you are located.

Most defense lawyers will consult with you for free and...
Read more »

1 Answer | Asked in Medical Malpractice for New Hampshire on
Q: Medical Negligence? Failure to diagnose hypothyroidism in a newborn until 3 months of age at time of discharge from hosp

Daughter born 2 months premature. Presented with feeding issues/no appetite, constipation, extremely sleepy/lethargic, pail cool skin. Was subjected to surgery to place a g-tube to feed. Was never diagnosed with hypothyroidism until she was being discharged at 3 months old. Placed on thyroid... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 6, 2020

A New Hampshire attorney could advise best, but your post remains open for three weeks. What you describe involves the legal theory of failure to diagnose. Only a medical professional is qualified to determine whether a breach of medical duty occurred here. You could reach out to New Hampshire med... Read more »

1 Answer | Asked in Business Law for New Hampshire on
Q: Do I owe my sign on bonus back to my company if I give my notice prior to one year but am still employed by them after?

Actual wording" in the event you voluntarily terminate your employment within twelve (12) months of your start date, you agree to repay the signing bonus in full upon your last day of employment. Does that mean when I give notice? or when I leave? At the end of my two weeks would be after my 1 year.

Seth Meyerson
Seth Meyerson answered on Nov 1, 2020

Seems a bit grey. Take back your notice. And work a couple of weeks into the new year.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Unauthorized use of a vehicle...what class of misdemeanor is this?
Leonard D. Harden
Leonard D. Harden answered on Oct 30, 2020

RSA 634:3 Unauthorized Use of Propelled vehicle is a misdemeanor by law. The charging department normally a prosecutor has discretion to charge it as an A or B misdemeanor. The decision is completely up to the executive branch entity be it an attorney or police department.

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 Employment Discrimination and Employment Law for New Hampshire on
Q: Can your employer change how you use your vacation time in the middle of the year? Explanation below.

We have always been able to call out and use vacation time to cover hours lost.( I have been at the same work place for over 27 years). More than half the employees have already used up their vacation time by calling out(without any prior notice). Now, my employer decides to say you can no longer... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 14, 2020

While this policy change seems unfair, there is nothing unlawful about it. Employers are not required to offer paid time off such as vacation time, so as a result, they have a lot of discretion regarding the rules and policies they create for using vacation time.

3 Answers | Asked in Immigration Law for New Hampshire on
Q: What does it mean "Your benefit request has been accepted and is under review." I have filed for my spouse on Sept2019
Kyndra Mulder
Kyndra Mulder answered on Oct 7, 2020

It means your file has been received and accepted and is being reviewed.

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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 »

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