New Hampshire Criminal Law Questions & Answers
Q: If a parent has a pedophile in the house with a minor, would this be considered endangerment if the minor did not know?
Joseph Kelly Levasseur's answer
It depends on the level of sex offender this person is. there are laws that state a sex offender cannot be around minors so check with the local police department to make sure the person is properly registered and is registered for the home the person resides in, and the level and danger to the child is any. The local police are very good at handling these issues as the sex offender is supposed to be known to them and where they reside at all times.
It depends on the level of sex offender this person is. there are laws that state a sex offender cannot be around minors so check with the local police department to make sure the person is properly registered and is registered for the home the person resides in, and the level and danger to the child is any. The local police are very good at handling these issues as the sex offender is supposed to be known to them and where they reside at all times.
Q: Like my domestic violence taken off my record it only happen once as I had a federal firearms license n
Joseph Kelly Levasseur's answer
You need to file a motion in the court that you plead or were found liable for the domestic violence. There forms and the rules are on the courts website and you have to follow the rules carefully and notify the attorney generals office. There is a fee but it is reasonable. There are lawyers that handle this. Joe Prieto in Manchester does a good job and knows the ropes. Good luck!
You need to file a motion in the court that you plead or were found liable for the domestic violence. There forms and the rules are on the courts website and you have to follow the rules carefully and notify the attorney generals office. There is a fee but it is reasonable. There are lawyers that handle this. Joe Prieto in Manchester does a good job and knows the ropes. Good luck!
Q: My husband has a warrant for his arrest and he can't appear in court physicaly. out of the US.is there a way to dismiss
Hector E. Quiroga's answer
Seeking legal counsel who could represent him before the court on the charges against him could help in some way.
Unfortunately your husband’s problem has been compounded by his absence from the US for so long; he’s essentially abandoned his residence. There are ways to regain it; he should visit the US embassy or consulate that has jurisdiction or the area where he lives.
Seeking legal counsel who could represent him before the court on the charges against him could help in some way.
Unfortunately your husband’s problem has been compounded by his absence from the US for so long; he’s essentially abandoned his residence. There are ways to regain it; he should visit the US embassy or consulate that has jurisdiction or the area where he lives.
Q: My 19 year son was arrested over the weekend. How do I find out the nature of the charges? Noone will speak to me
Joseph Kelly Levasseur's answer
You can show up at the arraignment or visit him at the jail he has been located at, at the times posted for visitation.
You can show up at the arraignment or visit him at the jail he has been located at, at the times posted for visitation.
Q: A town website refuses to remove my name from an online police log saying it is part of the public record, is this fair?
Joseph Kelly Levasseur's answer
It may not be fair but it is common practice. if you were found not guilty you can ask for a removal, if that doesn't work then you can ask the court to anul the arrest record.
It may not be fair but it is common practice. if you were found not guilty you can ask for a removal, if that doesn't work then you can ask the court to anul the arrest record.
Q: Can a pickup truck towing a fifth wheel camper tow a small utility type trailer behind it
1 Answer
| Asked
in
Car Accidents, Criminal Law, Traffic Tickets and Civil Rights
for
New Hampshire
on
Answered on Jul 18, 2018
Answered on Jul 18, 2018
Q: Can you write a contract knowing it is a violation of the US Constitution
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Contracts and Criminal Law
for
New Hampshire
on
Answered on Apr 4, 2018
Answered on Apr 4, 2018
Joseph Kelly Levasseur's answer
What kind of a contract would the persons be writing that has to do with the US Constitution?
What kind of a contract would the persons be writing that has to do with the US Constitution?
Q: when nh police call you in for questioning do you have to go ?
Joseph Kelly Levasseur's answer
No, you do not have to speak with a police officer. The Constitution allows you the right not to incriminate yourself in a criminal matter. I strongly suggest you speak with an attorney prior to going in and speaking with the police. Protect your rights.
No, you do not have to speak with a police officer. The Constitution allows you the right not to incriminate yourself in a criminal matter. I strongly suggest you speak with an attorney prior to going in and speaking with the police. Protect your rights.
Q: in nh during a child abuse case if someone is called in for questioning do they have to go in willingly
Joseph Kelly Levasseur's answer
It would depend on the person's relation to the allegation. If someone is simply an alleged witness to the allegation then you would not have to speak to anyone if you did not want to. If it eventually arises to a criminal charge then a subpoena could be issued for a trial, but lawyers and police are reluctant to force someone to come in and testify if they do not want to do so.
It would depend on the person's relation to the allegation. If someone is simply an alleged witness to the allegation then you would not have to speak to anyone if you did not want to. If it eventually arises to a criminal charge then a subpoena could be issued for a trial, but lawyers and police are reluctant to force someone to come in and testify if they do not want to do so.
Q: I was scammed buying a used car and am wondering if there is anything I can do to get my money back? (more info below)
1 Answer
| Asked
in
Civil Litigation, Criminal Law and Small Claims
for
New Hampshire
on
Answered on Apr 4, 2018
Answered on Apr 4, 2018
Joseph Kelly Levasseur's answer
You could call your local police department, and the Attorney generals office and file a complaint, they could investigate the allegation and if the mechanic did in fact pass a car and give you an inspection sticker illegally, take away his ability to give them out, fine him, or even charge him with a crime of fraud. You then may have a lawsuit against the seller and the mechanic for conspiracy if in fact it can be proven. If charges are brought and anyone of these guys are found guilty,...
You could call your local police department, and the Attorney generals office and file a complaint, they could investigate the allegation and if the mechanic did in fact pass a car and give you an inspection sticker illegally, take away his ability to give them out, fine him, or even charge him with a crime of fraud. You then may have a lawsuit against the seller and the mechanic for conspiracy if in fact it can be proven. If charges are brought and anyone of these guys are found guilty,...
Q: My kids and I have been recorded in our home with out permission by the neighbor who posted it to public forums along
1 Answer
| Asked
in
Communications Law and Criminal Law
for
New Hampshire
on
Answered on Feb 24, 2018
Answered on Feb 24, 2018
Joseph Kelly Levasseur's answer
I don't believe this is a civil rights question, just yet, although it may be, if local law enforcement is not protecting you from someone engaged in criminal activity. I really believe you should vo above thier heads. I'm not sure what town or city you live in, but you could, in the short term, contact your elected representative. The mayor, an alderman or selectmen depending on where you live. They can look into this for you and contact the police department and get them more engegaed. You...
I don't believe this is a civil rights question, just yet, although it may be, if local law enforcement is not protecting you from someone engaged in criminal activity. I really believe you should vo above thier heads. I'm not sure what town or city you live in, but you could, in the short term, contact your elected representative. The mayor, an alderman or selectmen depending on where you live. They can look into this for you and contact the police department and get them more engegaed. You...
Q: With rsa 635:2 if the structure was an unlocked unoccupied apartment is it a misdemeanor
Michael Reed's answer
It would not fall under the "occupied" section of the law. However, RSA 635:2 states it could be a misdemeanor if another category is met. In your case, it sounds like the challenge would be to a secured structure. The RSA lays out what is classifed as a "secured structure." Any attorney reviewing this would need more information on the building itself to determine if it falls under the broad definition (Fences, signs, notice, etc). I recommend you contact an Attorney to discuss this matter...
It would not fall under the "occupied" section of the law. However, RSA 635:2 states it could be a misdemeanor if another category is met. In your case, it sounds like the challenge would be to a secured structure. The RSA lays out what is classifed as a "secured structure." Any attorney reviewing this would need more information on the building itself to determine if it falls under the broad definition (Fences, signs, notice, etc). I recommend you contact an Attorney to discuss this matter...
Q: Can I purchase a firearm in New Hampshire?
Joseph D Garrison's answer
You need to look into annulment. If you are able to annul the charge, then you should be able to possess a firearm.
You need to look into annulment. If you are able to annul the charge, then you should be able to possess a firearm.
Q: What are the possible consequences for my minor daughter for violating a restraining order in NH?
Joseph D Garrison's answer
It depends on the level of the charge. If she was charged with a Class A Misdemeanor, then she could go to jail. This is highly unlikely based on the facts you describe. Your daughter should consult with a criminal defense attorney asap if she hasn't already.
It depends on the level of the charge. If she was charged with a Class A Misdemeanor, then she could go to jail. This is highly unlikely based on the facts you describe. Your daughter should consult with a criminal defense attorney asap if she hasn't already.
Q: My boyfriend has a deferred sentence. He got a ticket recently, no arrests. Will he go to jail?
Joseph D Garrison's answer
Probably not, but it depends on the language of the deferred sentence and whether it included violations such as a ticket.
Probably not, but it depends on the language of the deferred sentence and whether it included violations such as a ticket.
Q: Can you be charged with a bail violation after your case has been closed?
Joseph D Garrison's answer
Potentially. If you violated your bail conditions before the case was resolved, then yes, you could be charged.
Potentially. If you violated your bail conditions before the case was resolved, then yes, you could be charged.
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