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New Hampshire Questions & Answers
1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Can you register a new car and drive it if you have an intoxilock in another vehicle?

Because my friend bought a new car and he has an intoxilock in his other vehicle

Leonard D. Harden
Leonard D. Harden answered on Mar 16, 2020

It is a crime to operative any vehicle not equipped with the IID if so ordered.

265-A:37 Alcohol Ignition Interlock Circumvention. –

I. Any person required by the court or by the commissioner of safety after a hearing pursuant to RSA 265-A:36-a to install an ignition interlock...
Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: My job required me to work 50 hours. The company cut 10 hours from the position Can I claim partial unemployment?

It was over $13,000 annually. All overtime. The company said it wants to make my position go in different directions. Nothing's changed same amount of work, but 40 hours now.

Rhiannon Herbert
Rhiannon Herbert answered on Feb 20, 2020

The Fair Labor Standards Act does not require employers to offer a specified amount of hours (or overtime hours) to employees, so employers are free to reduce the hours for your position, and unfortunately, you do not have any legal recourse here.

1 Answer | Asked in Immigration Law for New Hampshire on
Q: As J-1 and J-2 visa holders, can we apply for green card without invalidating our visas?
Adan Vega
Adan Vega answered on Feb 18, 2020

If you submit the FORM I-485 with USCIS or the DS-260 with the National Visa Center you do not impact your existing J-1 or J-2 status but you will not be eligible to receive the non- immigrant J-1 or J-2 visas again in that you have expressed an intent to immigrate to the U.S.

1 Answer | Asked in Business Formation and Business Law for New Hampshire on
Q: Small business question here, located in New Hampshire.

My partner and I are starting a rally company, an exotic auto enthusiast adventure. We came up with the name Apex Rally, and come up with a great logo. We fell in love with it and could really see the company coming to life in our minds. We just discovered a company in a different state (New York),... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 18, 2020

The answer to your question involves a bit more than name comparison. At least trade channels, zone of natural expansion, and use of the senior mark should also be considered. If you are starting a business, it is a good idea to engage an IP attorney to complete a clearance search for the name and... Read more »

1 Answer | Asked in Estate Planning for New Hampshire on
Q: In NH if husband and wife are joint owners and the husband dies. How does the wife get sole ownership?
Theresa Spearing
Theresa Spearing answered on Feb 14, 2020

If your Deed is titled Joint Tenants with Rights of Survivorship, the property passes automatically by operation of law.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: My husband was arrested for a Misdemeanor B theft that happened 2 years ago. We are in NH. Statue of Limitations?

they have video of the theft

Leonard D. Harden
Leonard D. Harden answered on Feb 14, 2020

Class B misdemeanor SOL is 1 year, there are some exceptions see RSA 625:8 below:

625:8 Limitations. –

I. Except as otherwise provided in this section, prosecutions are subject to the following periods of limitations:

(a) For a class A felony, 6 years;

(b) For a...
Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: If I put on an employment contract the amount of an annual salary, am I obligated to pay that even if the employment

is terminated before the end of the contract?

Kyle Anderson
Kyle Anderson answered on Feb 12, 2020

Depends on how the contract is written. Does the contract set a specific duration of time for which the employee will be employed under the contract? I would reach out to an Employment Lawyer in your state to go over the employment contract you are offering. I recommend having an understanding of... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I go to jail for not paying restitution how much do I get charged a day until it's paid off in nh
Leonard D. Harden
Leonard D. Harden answered on Jan 27, 2020

A person who is serving time for not paying restitution will get no credit toward the amount owed. The only credit that would be provided is for a fine or penalty assessment owed to the state. Restitution is provided directly to a victim of a crime. Restitution is provided by RSA 651:63.... Read more »

1 Answer | Asked in Tax Law for New Hampshire on
Q: the court doc says claim taxes every other yr. can i claim every yr if hes with me every day this yr

i did not have a job 8 yrs ago when doc was made. have job now and i have joint custody

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 14, 2020

IRS rules allow for the custodial parent to claim the child every year. Under IRS rules the custodial parent is whoever has the child more.

However, if you violate the court order you are subject to a contempt proceeding. You should negotiate with the other party or file for a revision to...
Read more »

1 Answer | Asked in Probate for New Hampshire on
Q: What is best way to fix name on legal documents when first/middle were switch on birth certificate?

Moved states and need a new ID but my birth certificate has my first/middle names switched (I never caught this). All legal documents use my middle name (for 85 yrs now). DMV suggests I change entire name to match SS card exactly and then apply for new birth certificate. But will state put my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 11, 2020

You have a few options here. The first option is to do nothing. It is quite common for an individual to "go by" his or her middle name or a nickname his or her entire life. Just accept the new id with your name as shown on your birth certificate. Your friends can still address you by... Read more »

1 Answer | Asked in Legal Malpractice for New Hampshire on
Q: Can someone get fired from job for practically no reason which i was under the impression i had my job still. Guess not

Weekend was over and i get blind sided late sunday out of no where. And i got bills to pay and 3 kids to support.

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Jan 1, 2020

Every case is fact dependent. There is nothing in your question that states anything an attorney could work with.

1 Answer | Asked in Contracts and Probate for New Hampshire on
Q: What is the NH statute defining incompetence?

My wife had dementia when she cancelled her disability policy

Tim Akpinar
Tim Akpinar answered on Dec 27, 2019

A New Hampshire attorney could advise best on this, as insurance coverage is generally governed by state specific-elements. But your question remains open for two weeks. The problem with such a legally broad term is that it could be defined in more than one way, depending on the statute and... Read more »

1 Answer | Asked in Employment Law and Sexual Harassment for New Hampshire on
Q: Do I have a case for sexual harassment at my place of work? Should I lawyer up?

In October a new manager was introduced to my store when the old one moved up. New Manager = NM. Old Manager = OM. NM was disliked from the start due to staring at young, female employees, disregard for personal space, and yelling at the staff. He’s also on thin ice for messing up payroll &... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Dec 16, 2019

Hopefully you kept the tape, or the OM will back up your claim. You should call Human Resources right away. You can file a sexual harassment claim with the Human Rights Commission online and they will perform an investigation. Good Luck!

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: I don’t believe I need a GAL that the court assigned...

The court is appointing a GAL and I can’t afford it, and I’m not sure I need one, we were never married/divorced..there is no issue with the bio dad he left and was never heard from until I contacted him regarding this, he has his life and I have mine we just want to terminate his rights and he... Read more »

Joseph Caulfield
Joseph Caulfield answered on Dec 13, 2019

The statute requires it.

File a motion & see if the court will ordere the state to pay the GAL.

I'm a GAL, as well as a lawyer.

1 Answer | Asked in Consumer Law for New Hampshire on
Q: Are restaurant gift cards or certificates taxed? Gift card recipients will also pay tax when they redeem the card.

I just bought gift certificates at a local restaurant and I was charged the tax. When I asked the cashier she said that is how we do it. Now when I give this gift the recipient will also pay tax when they purchase their meals. Double taxing does not seem right.

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Dec 12, 2019

As a former restaurant owner myself for over 34 years, I have never heard of this practice and we certainly never charged a meals and rooms charge in advance of a purchase. The meals and rooms tax is usually charged at the time the meals and drinks are purchased, and then they can be deducted from... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: The issue at hand involves an individual on parole who has medical issues preventing compliance with terms of probation.

Female found unresponsive and resuscitated from days of extreme carbon monoxide poisoning, male counterpart deceased, medical records indicate mental conditions as a result, not including the effects of her loss.

**female, not long after, arrested, charged and jailed for wreckless driving,... Read more »

Leonard D. Harden
Leonard D. Harden answered on Dec 6, 2019

This is a very case specific matter. It is vital that she have an attorney who knows all the facts and background to help. This is not something I would try to provide an answer or even any ideas about online. Contact a defense attoreny near where she has court who is licensed in both MA and NH.... Read more »

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Can I be charged with a DUI if I wasn’t under the influence
Leonard D. Harden
Leonard D. Harden answered on Dec 4, 2019

Yes, a person can be charged with a DUI as long a police officer believes there is impairment from alcohol or drugs. This is a very subjective decision to charge a person. If you are charged with a DUI you should contact a lawyer that focuses their practice on defending them. I would encourage... Read more »

1 Answer | Asked in Family Law for New Hampshire on
Q: can a life insurance beneficiary payout be contested by family if the insured suffered from a mental illness (bipolar)?

is lawyer needed to show that insured was of sound mind so others cannot try and get the money using insurers mental illness to dispute whom insured designated money to

Israel Piedra
Israel Piedra answered on Nov 21, 2019

It would be very difficult to prove that a beneficiary designation was changed due to mental capacity or undue influence. Basically, whichever beneficiary is on the policy is unlikely to be changed after death. A lawyer would need to investigate the facts and case law for a more specific answer.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can a person with offenses of NH RSA 632-A:3, III have their status reduced after 20 years
Leonard D. Harden
Leonard D. Harden answered on Nov 13, 2019

A conviction for felonious sexual assault may not be annulled, per RSA 651:5.

If you are looking to amend your status from a Tier II or lifetime offender and were convicted prior to the establishment of the sex offender registry then RSA 651-B:6 would control.

The steps to follow...
Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for New Hampshire on
Q: Can ucc1 lien be continued if there is no personal liability as it was eliminated in bankruptcy 7 and 1/2 years ago?

Bankruptcy discharged personal liability over 7 years ago. Ucc1 lien was in place at the time unbeknown to me and not addressed during bankruptcy and im just finding out about it as i am selling my home. third party bank filed continuance of lien attachment to property (fixture filing) in April of... Read more »

Timothy Denison
Timothy Denison answered on Nov 9, 2019

Yes. You will need to reopen bankruptcy and avoid the lien to be free of it.

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