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New Hampshire Criminal Law Questions & Answers
1 Answer | Asked in Child Support, Divorce, Family Law and Criminal Law for New Hampshire on
Q: My son’s been stressed due to separation/divorce. He has guilt & remorse for rough handling of 6-mo son at 4 AM changing

My grandson was screaming, fighting, a 20-lb strong baby. My son lost his temper and threw the baby on sofa cushions. My daughter-in-law took baby to hospital , citing child abuse, reported him to CPS, claims my son caused a fracture to one of baby’s ribs. Police are following up, My has no prior... View More

Leonard D. Harden
Leonard D. Harden
answered on Jan 17, 2024

The allegations are very serious. The potential exists for there to be felony charges depending on if there was in fact a serious bodily injury. It is vital that your son not talk to the police or DCYF without speaking to a defense lawyer. The facts may also reveal that it was not a criminal... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Child Custody for New Hampshire on
Q: mywifes friend was in car accident,kids in car.all ok police found paraphrenalia and siezed car.can they take kids?

she has no recollection ,asnd her ex boyfriend allegedly got a call that dcyf is taking kids tomorrow.no one will speak to her.its sunday,happened sat.what can she do?

T. Augustus Claus
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answered on Dec 12, 2023

Your wife should take immediate steps in response to the complex situation.

If the Department of Children, Youth, and Families (DCYF) gets involved, she should cooperate fully, answering questions honestly and maintaining politeness.

It's crucial to gather relevant documents,...
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1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Constitutional Law for New Hampshire on
Q: What happens if local law enforcement does not act on this statute as the defendant creates breach of bail times 2

As I am a victim of a violent crime by strangulation by weapon (cane)on city trans. individual was arrested charged with a felony 2nd degree assault by strangulation (i believe being charged incorrectly)and now as the defendant since committed breach of bail x2 being in direct contact with me... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm sorry to hear about your situation. When a defendant breaches conditions of bail, the court can revoke the bail and take the defendant into custody. Law enforcement is tasked with enforcing bail conditions and, if they fail to do so, they may not be upholding their duties appropriately.... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Constitutional Law and Municipal Law for New Hampshire on
Q: can a police officer run my name through DMV RECORDS without a violation or traffic stop just to see if i have a license

if a police officer drives by me and i have had no police contact or reason for my information to be searchd online, did not break and traffic laws to warrant a stop, was not infact even pulled over for anything, can he just plug my name in the nh dmv database to see if i have a valid drivers... View More

James L. Arrasmith
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answered on Sep 11, 2023

Law enforcement officers generally have broad authority to access DMV records, which includes license status information. This access, however, should be exercised for legitimate law enforcement purposes and not on a whim or for personal reasons. If you believe your rights have been violated, you... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Is being bullied in jail because you are gay considered a hate crime?
T. Augustus Claus
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answered on Jul 11, 2023

If you are being bullied or targeted in jail because of your sexual orientation and it can be shown that the actions are motivated by bias or prejudice, it is possible that it could be considered a hate crime.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for New Hampshire on
Q: I was convicted of felonious sexual assault in 1999 (age 19) for a sexual act which technically occurred...

... In 1998 (age 18) with my 14 year old girlfriend. Though law is by no means my field of expertise, I've personally done a significant amount of RSA reading and Internet scouring hoping to find anything that could free me from this "brand" I'm forced to wear. With all the... View More

Leonard D. Harden
Leonard D. Harden
answered on Jun 22, 2023

I understand your situation. RSA 651:5 defines a FSA as a "violent crime" and prohibits it from annulment. It is difficult to get removed from the sex offender registry. Here are a links to check:... View More

2 Answers | Asked in Criminal Law for New Hampshire on
Q: If I have a warrant out of Merrimack county why would the local cops from Sullivan county come knocking on my door?

What is an actual free website to obtain information on the warrant in question? And what happens after they leave w/o an answer? Can they request a search warrant?

Leonard D. Harden
Leonard D. Harden
answered on Jun 1, 2023

A warrant is not limited to the county that issued it. Typically a warrant will be for a state or may include multiple states. If agent trying to enforce warrant does not get an answer they may simply come back. The warrant may indicate that it is a no knock warrant and police would be able to... View More

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1 Answer | Asked in Criminal Law for New Hampshire on
Q: If people say they're coming to my house to kill me and I say come on then am I at fault if they show up with guns?

We were all drunk. They came, one with a gun and one without and threatened me and my family. I had a gun and told then to leave. A shot was fired by someone into the ground. They left. Who is most at fault?

Leonard D. Harden
Leonard D. Harden
answered on Apr 21, 2023

The answer depends on many factors. It really depends on the circumstances.

The law is RSA 627:4 Physical Force in Defense of a Person. –

I. A person is justified in using non-deadly force upon another person in order to defend himself or a third person from what he reasonably...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: Am I allowed to fire my public defender and hire a paid attorney to take over my case?

How would I go about doing that?

Leonard D. Harden
Leonard D. Harden
answered on Dec 19, 2022

You can fire any attorney. You would need to notify your lawyer and inform them you are unsatisfied with service and would like them to withdraw. If you have hired another lawyer the newly hired lawyer can contact the existing lawyer. It is routine that people are unhappy with their lawyer for... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: What is the law in New Hampshire regarding extradition? For example if someone has a warrant out of PA, & is picked up.

If the warrant is for a FTA out of PA & they pick u up for that & hold you in jail until you go to court for an extradition hearing what can someone expect to happen?

Leonard D. Harden
Leonard D. Harden
answered on Dec 6, 2022

It depends on the warrant. The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a "treason, felony or other crime" to the state from which the fugitive has fled. The state that issued the... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New Hampshire on
Q: Do I have any other options after being denied certiorari in the supreme court?
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answered on Jul 4, 2023

You could explore the possibility of filing a petition for rehearing or reconsideration with the same court.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: My son was was arrested and is in Rockingham NH county jail.

He was remanded to the state hospital in NH by a judge. He is being held at the county jail until a bed becomes available. He lives in PA. I want to know if there is anything I can do to get him back to a hospital in PA. The jail would not let me know the charges.

Leonard D. Harden
Leonard D. Harden
answered on Jun 19, 2023

You should contact a criminal defense lawyer in Rockingham County. I would recommend a member of NHACDL. If your son is charged you may be able to get him released on bail and take him with you to PA. I am located in Coos and handle the norther counties. If you can't find a Rockingham... View More

1 Answer | Asked in Contracts, Copyright, Criminal Law and Products Liability for New Hampshire on
Q: What legal form can I have some sign in order to protect myself from accidentally sending nude photos to a minor?

I want to know how to protect myself legally from being extorted, violating 18 U.S.C. § 1470- Transfer of obscene material to minors, or just in general accidentally sending NSFW content to a minor because I have no idea who is on the other end of the profile looking to purchase my nude... View More

Michael Fischetti
Michael Fischetti
answered on Apr 27, 2023

How is it accidental?

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Hampshire on
Q: What can I report a town resident for going through a "road closed" sign?

I work for a town municipal department in New Hampshire and we're (public works dept.) having trouble with some residents going through our road closed sign. Our signs are properly placed out from another. We have a "road closed ahead" at each entrance into the road and our... View More

Leonard D. Harden
Leonard D. Harden
answered on Jun 15, 2022

Thanks for posting your question. I represent only folks charged with a crime so I would do not actually bring any charges. However, in the past I have represented citizens that have been charged for entering a closed road with various violations.

I would think that your local PD would be...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: If a grand jury indicts someone, what are the defendant rights ? Do they get to know what was said at the grand jury?
Leonard D. Harden
Leonard D. Harden
answered on Jun 9, 2022

Grand jury hearings are secret in NH and federally.

A Grand Jury considers evidence presented by the government and decides whether there is sufficient evidence to formally charge a person with committing a crime.

Secrecy prevents those under scrutiny from fleeing or importuning...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I have a confession from my ex cell mate should I contact the prosecutor and could it help me reduce my charges?
Leonard D. Harden
Leonard D. Harden
answered on May 13, 2022

You should contact your defense lawyer. You should never speak with the prosecutor directly without your lawyer. If the information you have is valuable your lawyer should be able to assist you without risking any admission or other problems.

Do not talk to the prosecutor or police!

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can I be charged with criminal trespass for driving up a posted driveway to ask for a phone when having car troubles?

Driveway was posted however it was late and below freezing temperatures. Truck was about to die 100%. I'm on camera going up driveway and leaving. Never reached anyone for help. Found out months later there was a theft around the time I went up there to ask for a phone. Police are trying to... View More

Leonard D. Harden
Leonard D. Harden
answered on May 9, 2022

The answer really depends on the facts. You should contact a defense lawyer and consult about your case. If you have been charged with a criminal offense that means there is probable cause to arrest according to at least a police department and justice of the peace.

Call a well...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: Is it a good idea to get a lawyer before an arraignment for misdemeanor charges?

On March 3rd I had an incident with my ex girlfriend. I was called down to the police station after for questioning. After talking to them I was arrested

My charges are:

-Class A misdemeanor domestic violence simple assualt (I grabbed her arm)

-Class B misdemeanor Criminal... View More

Leonard D. Harden
Leonard D. Harden
answered on Mar 8, 2022

A DV simple assault carries with it many unforeseen consequences. It may impact your firearms rights and result in travel restrictions to Canada. I would encourage you to consult with a criminal defense attorney in the area where you are charged.

In many cases charges can be amended to...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: Where can I get a form for. Petition to terminate RSA-651-B
Leonard D. Harden
Leonard D. Harden
answered on Feb 18, 2022

I think you are seeking information about a petition to annul a criminal conviction, RSA 651:5. There is a checklist found at the State of NH website: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf

You have to follow the time frame in the...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I was sentenced to surrender for 30 day weekend sentence on a certain day but finished it later on is it bail jumping

I was sentenced to surrender for 30 days on weekends on 3/26/21. I had unforeseen circumstances to not surrender until 4/16/21 but continued to to do it every weekend until I finished with good behavior on 5/31/21. So I finished the sentence just 3 weeks late. Is that still bail jumping?

Leonard D. Harden
Leonard D. Harden
answered on Jan 6, 2022

Like many things in the law the answer is it depends.

642:8 Bail Jumping. –

I. A person is guilty of an offense if, after having been released with or without bail, he:

(a) knowingly fails to appear before a court as required by the conditions of his release; or...
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