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New Hampshire Questions & Answers

1 Answer | Asked in Juvenile Law for New Hampshire on

Q: If I am going to court for underage possession of tobacco do I have to take a urine test?

William Jaksa answered on Sep 9, 2019

To answer fully I would need more information, but it seems that in New Hampshire that urine screens are only conducted IF once found guilty and in a probation or drug treatment program; IF participating in a drug treatment programs or assessment to get into such a program; or sometimes when... Read more »

2 Answers | Asked in Car Accidents for New Hampshire on

Q: Do you companies have the authority to revoke/suspend a license for non-payment of a totaled car in a car accident?

Tim Akpinar answered on Sep 8, 2019

No, this is only a question and answer board. License suspensions are handled through state departments of motor vehicles (and/or other government agencies, depending on the jurisdiction). If you were involved in a motor vehicle accident where the other party was liable and need assistance with... Read more »

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Hampshire on

Q: I was having a spinal Cord Stimulater implantation I was put under anesthesia and woke up half way thru tothe doctor cut

I was having a spinal Cord Stimulater implantation I was put under anesthesia but the kind you are in and out of and I told them my concerns about having that type because I’ve had allergic reactions twice before. But they told me I should be fine. I woke up mid surgery and I remember and felt... Read more »

Peter N. Munsing answered on Sep 3, 2019

I don't see a question here, but at this point first, being post op, you need medical treatment so without sounding like you are interested in suing anyone you can ask questions but in a very neutral way. Second, if you have PTS, look for an EMDR therapist. Google:

Psychology Today...
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1 Answer | Asked in Election Law for New Hampshire on

Q: Looking to see the Voter Registration List from a Homeowners Association election.

I am a member of Property Owners Association Suissevale, Inc (POASI) in Moultonborough, NH and would like to see the voter registration list. Are they obligated to release this info if a written request was submitted to the office? Suissevale is a Home Owners Association located in... Read more »

Joseph Kelly Levasseur answered on Sep 2, 2019

Voters lists are public. Go to the town office where the voter checklist is kept. In Manchester, the voters lists are in a lobby for anyone to look through. Your town may have the same setup -but they are public documents open for anyone to look through.

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 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 Estate Planning for New Hampshire on

Q: Can a wife take over deceased husbands house after he dies if they did not live in it and her name not on deed. House in

Nina Whitehurst answered on Aug 26, 2019

The wife needs to engage a local probate attorney to follow the proper process to get the house retitled in the name of the husband's heir(s) according to his will or, if he had no will, then according to the laws of intestate succession. There is no way to know without a full consultation whether... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Hampshire on

Q: Can I buy a private forest and build a castle?

Hello.

I'm interested in the question:

If I want to buy a private forest in the United States and build a castle in this forest. What are the limitations?

For example, what laws speak of private forests. If I breed animals in my forests, will these animals be my property or... Read more »

Tim Akpinar answered on Aug 26, 2019

This sounds like a matter that's better suited for sitting down with your architect and attorney to discuss in detail, rather than it is for quick answers on a question and answer board because it's possible you would need to consider environmental, sanitation, conservation, wildlife, and other... 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 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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2 Answers | Asked in DUI / DWI for New Hampshire on

Q: If an officer requires a breathalyzer,i refuse,hes says dui,2 secs later i agree can he refuse?New Hampshire.

He asked for the breathalyzer an hour after arrest at precinct.Then wrote in report methadone,prescribed.Resulted from break down on the highway.Literally 2 secs after refused breathalyzer i agreed to it.The Sargent said it had been too long since the arrest.If thats the case why adminester one an... Read more »

Leonard D. Harden answered on Aug 4, 2019

There is a case in NH that permits a chemical test to be admitted 2 hours after driving. The circumstances of request to test are important and make a difference. If advised of ALS rights, then the issue becomes was the rescission reasonable.

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1 Answer | Asked in Banking for New Hampshire on

Q: I made a deposit to my business account from a brokerage account that I had and the checks bounced.

The checking account was from a previous brokerage account. The bank has given me 14 days to fix it but the account does not have enough funds to cover the checks. They are going to send a notice to the police department tomorrow. I have asked them to give me another week since I have funds coming... Read more »

Bruce Alexander Minnick answered on Aug 2, 2019

Do not get greedy. You are very lucky the bank is tolerating this situation for two full weeks. Stop asking questions here on Justia and start collecting the CASH you will need to prevent a knock on your door in the middle of the night.

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 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 Real Estate Law for New Hampshire on

Q: Buying a house the sellers Lawyers put this in the additional provisions. We may have to go to them for roof concession

Should we sign it.

“all fixtures, personal property, and real property to be transferred hereunder shall be as is with mo warranties express or implied

Vincent Gallo answered on Jun 9, 2019

Not if you don’t agree to those terms.

Q: I would like to trade a phrase I guess it would be called

The phrase is ( The G.O.A.T.)

Sean Erin Serraguard answered on Jun 7, 2019

Though trademarks will depend on how you use the word or phrase, the answer is very likely no. There are numerous live marks which primarily rely on "Goat" and "G.O.A.T.", including marks which list only those words or acronyms respectively. Without doing a full search, it would be hard to know... 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 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 DUI / DWI for New Hampshire on

Q: Is normal to be given 2 complaint slips? One for aggravated dui and claimed I eluded the officer, the other just a dui?

I saw a cop turn around and was nervous, he did not have his blues on. I pulled down a side street and parked in a random driveway. He then pulled up put his blues on and arrested me for dui after a field test.. but is trying to charge me for aggravated dui for eluding him, but why would he hand me... Read more »

Leonard D. Harden answered on Jun 4, 2019

The charges are in the alternative. This means that the state may seek the enhanced penalty that an aggravated DWI carries if they prove the eluding. As a fall back the state can rely on the the DWI 1st offense.

It is important that you talk with a qualified DWI attorney ASAP. You have...
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1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for New Hampshire on

Q: Can a x gf whom moved out 3dys ago break into my house which i own an remove stuff with out me there?

Girl friend leaves me moves to another state 3 days later breaks into my house throu a window, gets her belonging, my sons which thers no court order on custody an takes some of my stuff... i called the cops an they said nothin they can do settle it in small claims...

Gary Kollin answered on Jun 1, 2019

If the only thing she took was her own property and no or little damage occurred to house, i believe they were exercising their discretionary authority to not pursue criminal charges

1 Answer | Asked in Family Law for New Hampshire on

Q: I am 13 years old,am I allowed to go to court to support my family member?

Israel Piedra answered on May 30, 2019

Anyone is allowed in a courtroom. It is open to the public, with certain very limited exceptions. I'm not sure I understand your question.

1 Answer | Asked in Real Estate Law for New Hampshire on

Q: My neighbors tree has large branches over hanging onto my property. Can I legally cut them if it’s their tree?

Israel Piedra answered on May 28, 2019

There is no clear answer to this question in New Hampshire, surprisingly. The Vermont Supreme Court case of Alvarez v. Katz has some guidance (Vermont law): https://law.justia.com/cases/vermont/supreme-court/2015/2014-385.html.

Practically speaking, if you cut without permission, you are...
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1 Answer | Asked in Child Custody for New Hampshire on

Q: Is alcoholism grounds for loss of child custody?

Husband is intoxicated and unsafe with children but refuses to leave home. What do I do? I am afraid he will get partial custody if i take it to court and I'm terrified of my kids being in his care while under the influence

Israel Piedra answered on May 28, 2019

That would certainly be a factor in a custody (parenting) determination. However, courts tend to want both parents involved in the children's lives. Without documented abuse, it is difficult to fully terminate parental rights. If the alcoholism is well documented (arrests for DUI, etc.), you MAY be... Read more »

1 Answer | Asked in Immigration Law for New Hampshire on

Q: Can we travel to the US on a tourist visa before we begin work on an H1-B visa?

We are UK citizens and due to come to the states in March of 2020 on a work visa with my company. Can my wife and kids move to the states in September for schooling and then be joined by me when my transfer is complete in March?

Hector E. Quiroga answered on Apr 22, 2019

Under those circumstances, they would not be let in, since tourism is not their reason for entering.

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