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New Hampshire Questions & Answers
2 Answers | Asked in DUI / DWI for New Hampshire on
Q: Aftergetting guilty verdict dui bench trial.Mistakes made by judge.Should I put motion in pointing them out or on appeal
Leonard D. Harden
Leonard D. Harden
answered on Jul 28, 2023

It is likely too late to undo or fix an error after a finding of guilty by a judge in district court. The best time to raise issues is before the trial with motions, or during the trial when the issues can be fixed. If you represented yourself the likelihood of preserving a legal issue for appeal... View More

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2 Answers | Asked in DUI / DWI for New Hampshire on
Q: Aftergetting guilty verdict dui bench trial.Mistakes made by judge.Should I put motion in pointing them out or on appeal
Albert Hansen
Albert Hansen
answered on Jul 28, 2023

File a Motion to Reconsider citing the issues of law or findings of fact you believe the Judge misapprehended. This must be done within 10 days of sentencing. If you are outside that 10-day window, file a Motion for Late Filing as well explaining why you were late. This tolls the 30-day appeal... View More

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1 Answer | Asked in Personal Injury for New Hampshire on
Q: We had a bad storm. My neighbor claims that my tree caused electrical damage in his house. I didn't know about the tree.

I called my Insurance Company. They said I wasn't responsible for something I could not predict during a storm. Now he sent me a small claims bill for damage. It's over $3000 . Am I legally supposed to pay that?

Tim Akpinar
Tim Akpinar
answered on Jul 27, 2023

A New Hampshire attorney could advise best, but your question remains open for two weeks. It might be difficult for attorneys here to offer guidance based on these limited details. One option is for you to review your policy and form your interpretation of what it should cover - another option is... 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

1 Answer | Asked in Banking and International Law for New Hampshire on
Q: Is it illegal to send small amounts of cash through the mail internationally?

I want to send like $5 to a friend in the UK who's doing me a favor. Would I have to do it through paypal or something, or can I just include a $5 bill in the package I'm sending him?

James L. Arrasmith
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answered on Jun 18, 2023

It is not illegal to send small amounts of cash through the mail internationally, but it is not recommended. Sending cash through the mail can be risky, as it can be lost, stolen, or damaged in transit. Additionally, there may be restrictions or regulations on sending cash through the mail in... View More

1 Answer | Asked in Family Law for New Hampshire on
Q: Can I pick up my granddaughter she hasn’t been to school in over a year. Can I get her and go to the police from there?

She has not been in school for over a year and I want to go get her. Her father, I believe has been doing drugs and she’s been living in a truck for over a year. Can I go and get her then from there go to the police so I don’t have a kidnapping charge? I want her to come live up here with her... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Suggest that you contact the school authorities where she lives, first and they can advise you from there. You don't usually automatically obtain custody of a grandchild without a court proceeding for the protection of the child. This case arises under FAMILY/CHILD ABUSE law. You need to... View More

1 Answer | Asked in Traffic Tickets and Immigration Law for New Hampshire on
Q: Can I drive with my valid home country drivers license and passport in NH? Spouse of US citizen waiting for work permit.

I’m married to US citizen and filed for adjustment of status and employment authorization. At this point I have my I-797 receipt notice and have done the biometrics. My home country drivers license, passport and US visa are valid. Can I drive in the state of NH while I wait for my EAD?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Most states require you to obtain a state driver's license after being a resident for a particular time period, it could be 10 days to 6 weeks. Non-Citizens can have US state driver's licenses. This case arises under traffic ticket law. You need to discuss with an attorney in your... 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 Trademark and Intellectual Property for New Hampshire on
Q: Is it possible, when we only sell vintage ralph lauren clothing, to use ralph lauren in our marketing and on our site?

Like ‘we walk in ralph lauren’ or in advertisement or just ‘vintage Ralph Lauren’ on our website?

James L. Arrasmith
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answered on May 7, 2023

It's important to be cautious when using another company's brand name in your marketing or on your website. In general, using a brand name in a way that implies endorsement or affiliation with your business may be considered trademark infringement. However, if you are simply selling... View More

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: Chapter 13 My lawyer proposed a repayment plan, but I know that I won’t be able to keep up with it. What should I do?
William J. Amann
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answered on May 7, 2023

You are only harming yourself by not being honest with your lawyer about this. Talk with your lawyer about it. This happens quite often. Perhaps there are expenses you aren't disclosing or are under-reporting. Maybe there are exemptions you haven't fully claimed. Maybe your Plan... View More

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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: If I file chapter 13, and I’m making my monthly payments…..can I sell my home, pay off the bankruptcy plan payments,

Can I keep the remainder of my home equity?

William J. Amann
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answered on May 7, 2023

Yes, you should be able to do that once your Ch. 13 Plan is confirmed. The First Circuit has adopted the “complete snapshot rule” whereby the petition date sets the date for establishing exemptions. So, for instance, if a Chapter 13 debtor were to schedule his home at $300,000.00 with a... View More

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1 Answer | Asked in Civil Litigation and Small Claims for New Hampshire on
Q: What happens when a small claims co-defendent gets notification of a small claims suit if they don't live at the address

My boyfriend was informed he was being sued as a co-defendent for items left at my house by a former friend of mine... but he does not live at my address. This person does not know his address... only that he stays at my house

William J. Amann
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answered on Apr 26, 2023

Typically, service is made by leaving a summons & complaint at someone's "abode" or residence. Some types of actions require serving a defendant "in-hand", such as Contempt Motions usually. Small claims probably just requires abode service. The Plaintiff should have... View More

1 Answer | Asked in Car Accidents and Personal Injury for New Hampshire on
Q: what is the average payout for a mild concussion and a neck sprain due to a car accident?
Tim Akpinar
Tim Akpinar
answered on Apr 26, 2023

A New Hampshire attorney could advise best, but your question remains open for a week. But as a general matter in any region, many attorneys are reluctant to speculate such dollar values. There are factors that distinguish one case from another - insurance carrier, venue where the case would be... View More

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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3 Answers | Asked in Bankruptcy for New Hampshire on
Q: Question about receiving an inheritance in the middle of chapter 7 bankrupty.

Say I filed chapter 7 and I owe $35,000 in credit card debt. I have no assets at the time that I file. Then three months after filing I inherit $120,000. Does the Trustee pay off your debts and then return to you what is left over? I wouldn't lose all that money if I only owe $35,000? Is that... View More

William J. Amann
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answered on Apr 17, 2023

Before you file Bankruptcy under any chapter, consult competent counsel.

Property of the estate is defined by 11 USC § 541. It includes:

Any interest in property that would have been property of the estate if such interest

had been an interest of the debtor on the date...
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1 Answer | Asked in Contracts, Civil Litigation and Lemon Law for New Hampshire on
Q: i bought a truck with a rotten frame

also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5... View More

William J. Amann
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answered on Apr 4, 2023

New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty... View More

3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
William Michael Bryk
William Michael Bryk
answered on Mar 19, 2023

I assume that you owe the money. Consider your assets, i.e., what you own, such as a house and any other real property, automobiles, stocks and bonds, and any other debts you may have - other credit card debt, personal loans, mortgages, and income tax arrears immediately come to mind. Also... View More

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3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
William J. Amann
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answered on Mar 20, 2023

Transferring funds or assets could subject you (and recipients) to fraudulent transfer claims. If you have income or assets and even if you don't, I recommend you consult with an experienced bankruptcy lawyer. You might not need to file bankruptcy; however, a good bankruptcy attorney will be... View More

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3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
William Michael Bryk
William Michael Bryk
answered on Mar 18, 2023

First, check with the Register of Deeds in your county to see whether a lien has been filed against your home. A great deal turns on whether you have a mortgage, as the mortgagee has a lien superior to anything the credit card company may have. If so, check the balance due on the mortgage against... View More

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