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New Hampshire Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for New Hampshire on
Q: Is reading Miranda rights mandatory in NH domestic violence arrests?

When I was arrested in New Hampshire for alleged domestic violence, which was recorded on a body cam on the side of an interstate highway, my girlfriend was questioned at the scene but no statements were taken. Charges were later filed. Is it mandatory by law for the arresting officers to read me... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 24, 2025

The "Miranda" warning is issued by law enforcement officers who are about to take an individual into custody (typically at the time of arrest) as a means of assuring that the criminally accused is aware of the rights to an attorney, and to remain silent. Our justice system has this in... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can my fiancé be charged if unaware of friend's possession of drugs?

My fiancé was pulled over, and her friend had 200 grams of heroin/fentanyl, which my fiancé was unaware of. She agreed to help the police catch the dealer, but the police arrested a runner instead of the dealer. Now, they want to charge my fiancé with possession of 100 grams, even though she had... View More

Leonard D. Harden
Leonard D. Harden
answered on Mar 9, 2025

Yes. The state can charge anyone with possession if they were around or near the drugs. Constructive possession means having access or control of a substance. If someone is arrested does not mean that they are guilty. A person arrested does not mean that they will be convicted. It is important... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Personal Injury for New Hampshire on
Q: Arrested for felony theft after delivering stolen package, seeking compensation for ordeal.

I was working as a delivery driver for a major service when I picked up a package as directed and delivered it to the designated drop-off location. Two weeks later, I was arrested on a warrant for felony theft because the package turned out to be stolen. I have been released on bond, with a court... View More

Leonard D. Harden
Leonard D. Harden
answered on Mar 7, 2025

It seems like you may still have a criminal case. If so you should hire the best defense lawyer in the area where the court is located. I would suggest looking for any attorney who has at least 10 years of experience, is a member of a national (NACDL) and NH specific criminal defense lawyer... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and DUI / DWI for New Hampshire on
Q: What consequences for first misdemeanor weed possession at 18 in NH?

I am 18 years old and was pulled over in Amherst, New Hampshire, with under 3/4 oz of weed in my car. This is my first offense, and I was cooperative with the officer, informing him of the location of the weed. I was charged with a misdemeanor. Additionally, I had tobacco products and unopened beer... View More

Leonard D. Harden
Leonard D. Harden
answered on Feb 17, 2025

You should contact a defense lawyer in or near Amherst. There are potential loss of license and under 20 DMV consequences. I practice in the northern part of NH and do not know the local prosecutors. I would recommend that you select a lawyer by going to the NHACDL or NACDL website to pick a... View More

1 Answer | Asked in Contracts, Employment Law, Gov & Administrative Law and Municipal Law for New Hampshire on
Q: Could you clarify how NH RSA 95:1 applies to town employees, and if they are considered under “public office”?

Could you provide clarification on how NH RSA 95:1 applies to municipal employees who hold decision-making authority but may not be classified as elected officials? In a recent Select Board meeting, it was argued that this RSA only applies to “public officials,” and that employees like the Town... View More

Brian J. Stone
Brian J. Stone
answered on Oct 13, 2024

Someone like a town administrator is a public official as their authority to exercise significant discretion comes from the people who hired him/her to act on their behalf: the elected body of the Board of Selectmen. As such, their significant authority is delegated from an elected body. That would... View More

1 Answer | Asked in Child Custody and Family Law for New Hampshire on
Q: Can my ex allow my child who is 13 to go do work without informing me or having some sort of papers to sign
Brian J. Stone
Brian J. Stone
answered on Oct 13, 2024

That would largely depend on your court-ordered parenting plan. Depending upon the nature of the employment, it may also be considered a significant activity impacting their health and/or welfare; most parenting plans would require both parents to agree to any such activity. The age for most jobs... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for New Hampshire on
Q: If father isn't on the birth certificate does he have legal rights? Also how do u get legal custody of child
Brian J. Stone
Brian J. Stone
answered on Oct 12, 2024

If the father is not on the birth certificate, he would need to file a parenting petition in the family division. In that case, the father would have to request a paternity test to prove he is in fact the biological father. Then the father has asserted his parental rights. Once those are... View More

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: when you have surgery for workers comp one year after DOI is your rate of loss wages based on DOI or current wages?
Michael Levin
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Michael Levin
answered on Oct 12, 2024

It depends whether you were working in the year following the injury. If you were unable to work after your DOI, then your rate of pay is based on your wages from before you were injured. However, if you worked after your DOI (presumably up until your surgery), then your rate of pay is based on... View More

1 Answer | Asked in Health Care Law for New Hampshire on
Q: Is my insurance company in New Hampshire required to pay for my hearing aids ?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

A New Hampshire attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, the first thing to check could be the terms of the policy. If it clearly spells out coverage for hearing aids, that could be the simplest and most direct... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Do I need a lawyer for a simple assault charge class b first time ever in trouble 52 male...
Leonard D. Harden
Leonard D. Harden
answered on Sep 22, 2024

It is up to you. Having a criminal record can impact your future and getting a good lawyer can make a difference. I frequently tell a story about being a terrible plumber. If I have a leaky toilet I will spend hours and waste solder but eventually I will get the leak to stop. If I have to redo... View More

1 Answer | Asked in Employment Discrimination for New Hampshire on
Q: Do you take on sexual harassment and retaliation cases?

I work at a warehouse in Manchester, NH. I have experienced sexual harassment and retaliation. Also, the human resource manager is saying that I can't report verbal sexual harassment to her because she doesn't want to deal with disgruntled employees. Is there someone who can help me with my case?

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2024

A New Hampshire attorney could advise best, but your question remains open for over two weeks. From your post, it looks like you're seeking an attorney to handle a case. You'd need to reach out to law firms and pose your question to them. This is only a Q & A forum. You could find... View More

2 Answers | Asked in Car Accidents and Insurance Bad Faith for New Hampshire on
Q: Other drivers insurance quotes the repairs for my car a lot cheaper than multiple shops has, what do I do?

Someone hit my car in the front end. Multiple body shops have quoted the repairs between $1500 and $2000. The other persons insurance has accepted fault but has sent me a quote that they will only pay $600. They got this quote from a parts shop that doesn't do body work and is forcing me to... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

Addendum - another alternative, depending on your carrier and coverage. If you handle it as a first-party claim (through your carrier), carriers often pursue that from the carrier for the liable driver. But it could involve a deductible, and it could depend on your coverage. That's something... View More

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2 Answers | Asked in Car Accidents and Insurance Bad Faith for New Hampshire on
Q: Other drivers insurance quotes the repairs for my car a lot cheaper than multiple shops has, what do I do?

Someone hit my car in the front end. Multiple body shops have quoted the repairs between $1500 and $2000. The other persons insurance has accepted fault but has sent me a quote that they will only pay $600. They got this quote from a parts shop that doesn't do body work and is forcing me to... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

A New Hampshire attorney could advise best, but you await a response for a week. It appears that you got your quotes from legitimate auto body repair shops that are registered in New Hampshire for such work. That gives you a strong argument against the carrier's PD department basing damages on... View More

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1 Answer | Asked in Public Benefits for New Hampshire on
Q: I used to live at Eliot Community Human Services which is an agency that used to be my rent payee but when I moved out

of that agency i moved to Amesbury to a different agency which is now called Vin Fen and i need help with tracking down a $ 6000.00 check that i was supposed to get and I was told that the person's name Kerri from Eliot mail it to Vin fen but she was supposed to mail it back to S.

S.I... View More

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

A New Hampshire attorney could advise best, but your question remains open for four weeks. Whatever happened to the check along the way is anyone's guess. One option is to look into whether the bank could help you figure out where things went wrong. From what you describe, the Eliot facility... View More

1 Answer | Asked in Contracts and Construction Law for New Hampshire on
Q: Is it common practice for NH builders to enter a contract with the client on a residential build?

We are concerned that residential builders are not required to be licensed in NH and we’re unclear on whether the use of a contract is common practice

William J. Amann
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William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

Good morning. We deal with this all the time and I strongly encourage you to hire an attorney well-versed in building contracts to help guide you or to handle the transaction. NH builders are not regulated but even in places where they are (like in Massachusetts), there can be serious problems if... View More

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: I rolled my ankle at work resulting in a break and severe sprain. Worker’s Comp is saying it’s not compensable

I work at a hospital. After making a bed, I turned, rolled my ankle resulting in the fracture and sprain. Workers Comp has paid for my ER visit and first Ortho MD visit but doesn’t want to pay for any further care. Do I have a case for appeal?

Michael Levin
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Michael Levin
answered on Jun 9, 2024

Yes, of course! If you suffered an injury at work, then WC has to take care of you in terms of lost wages and medical care until you are able to return to work. Use Justia's "Find a lawyer" tab to find someone near you.

1 Answer | Asked in Family Law for New Hampshire on
Q: What do I do when my father won't let me inside the house I am not supposed to be alone with epilepsy?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2024

First, try to stay calm and ensure your immediate safety. If you have a phone, call a trusted friend, family member, or neighbor who can provide you with temporary shelter or assistance. It's important to not stay alone, especially if your epilepsy requires supervision.

Next,...
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1 Answer | Asked in Gov & Administrative Law for New Hampshire on
Q: Hello I am a seasonal camper in NH and trying to find out exactly what the minimum distance apart from each other ?

Right now I have a mice infested pop up 50” from my dinette window from lord with mice feces !!!

James L. Arrasmith
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answered on May 27, 2024

In New Hampshire, the rules and regulations for campsite spacing can vary depending on the specific campground or municipal regulations. Generally, campsites should be spaced far enough apart to ensure privacy and safety for all campers. The minimum distance often recommended is at least 20 to 30... View More

1 Answer | Asked in Health Care Law and Civil Litigation for New Hampshire on
Q: Can I sue my health insurance company without a lawyer?
Tim Akpinar
Tim Akpinar
answered on May 23, 2024

A New Hampshire attorney could advise best, but your question remains open for a week. Until you are able to arrange a consult with a local attorney, the basic rule is that people are free to represent themselves (pro se). Health insurance carriers could impose conditions on their policies or... View More

1 Answer | Asked in Social Security for New Hampshire on
Q: Is it illegal for my parents to keep My birth certificate and social security card from me since I am 18
James L. Arrasmith
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answered on May 12, 2024

No, once you turn 18, your parents are not legally required to provide you with your birth certificate or social security card. As an adult, you have the right to possess your own vital documents.

However, it's important to understand that your parents aren't necessarily doing...
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