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New Hampshire Questions & Answers
1 Answer | Asked in Uncategorized for New Hampshire on
Q: re: Patent # 4,206,367 How can we find any uses of this patent and by whom?
Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

Your question remains open for three weeks. Sometimes questions do go unanswered, but you could try reposting under the Patents (Intellectual Property) section; you might have better chances for a response there. Good luck

Tim Akpinar

2 Answers | Asked in Car Accidents for New Hampshire on
Q: I live in NH in an auto accident other party 100% responsible do I take the med pay or will it stop med expense

The med pay is from my insurance can i still get medical bills paid by other driver we have same company

I want to go through her policy for medical

But the insurance company sent me this $1000 check on my med policy should i use it for my copays? I don’t want it to prohibit me... Read more »

Daniel McKenna
Daniel McKenna answered on Feb 24, 2021

Yes, you can use the med pay check to cover your copays. Using med pay to cover your copays will not prevent you from seeking compensation for your medical bills, lost earnings, or other damages from the other insurance company. Using the med pay will allow you to avoid out of pocket expenses while... Read more »

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1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can I get in trouble for throwing away trash in the trash can of a public business?

Not boxes or big trash bags, usually trash and wrappers from my lunch or trash I accumulated in my car like water bottles

Tim Akpinar
Tim Akpinar answered on Feb 8, 2021

A New Hampshire attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, some states consider it a misdemeanor, some equating it to theft of services or something along those lines. Whatever the case, it would be best to hold on to the trash until you got to... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence, Municipal Law and Probate for New Hampshire on
Q: Good behaviour

Good afternoon, i was put on good behaviour for a violation on January 7th, 2019 and it ended on January 7th, 2020. I got arrested OUT OF STATE for an unfortunate violent crime on August 2019. It says i can annulle the violation after the period. Is that possible it will get annulled or will I need... Read more »

Andrew S. Winters
Andrew S. Winters answered on Feb 8, 2021

I think I understand your question to mean you were convicted in New Hampshire for a violation on 1/7/19 with a one year good behavior period. You want to get that conviction annulled but in August of 2019 you were arrested for a different charge in New York. I assume that charge is still pending?... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for New Hampshire on
Q: can a judge tell a married couple that they cannot be together. agaist there will, nothing to do with the case....

the only reason is because they are addicts. This cant be legal!

Leonard D. Harden
Leonard D. Harden answered on Jan 4, 2021

If you and your spouse are facing criminal charges, a condition of bail can be no contact. It could also be imposed on many assault type cases involving domestic violence. In short a judge can in fact prevent contact between spouses, children or anyone.

1 Answer | Asked in Employment Law for New Hampshire on
Q: How long can an employer not pay you whats owed after a lay off?

I was laid off November 14th but was never paid for the last two weeks I worked. I was also never paid my vacation days or per diem that is owed to me. I have contacted HR and my former manager about this but have not received any response. I was told by another employee that they were on vacation... Read more »

Kyle Anderson
Kyle Anderson answered on Dec 16, 2020

Some states have a minimum period of time that needs to pass before you can bring any action for lost wages. However, if you worked those hours, you are entitled to at least your state's minimum wage for those hours worked, along with any overtime you worked during the two week period if you... Read more »

1 Answer | Asked in Family Law for New Hampshire on
Q: My daughter got pregnant and found out after the fact that the father is an illegal alien.

He has not paid child support in NH since the baby was born and refuses to. My daughter filled out the forms for the state for support, however, they said that since his address is not listed with the post office with regards to him living there, that they can't serve him with papers. He... Read more »

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

If he can't be located your daughter could use the sheriff or professional service process firm to locate and serve him. Alternatively, in some cases a court will allow service by notice through a publication, like a newspaper or even social media. However, they will only. do so if you show... Read more »

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 L Mulder
Kyndra L Mulder answered on Oct 7, 2020

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

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