New Hampshire Recent Legal Answers from Lawyers

It is hard to know whether you have a viable medical malpractice case. First, many times when physicians inadvertently cut something during a surgical procedure it is deemed accepted complications of the procedure. Second, notwithstanding the fact that you're getting repeat ear infections, there are going to be questions about whether these infections are related to the cut in your here. Finally, as you have anticipated, there is a real question about whether or not you have a financially viable malpractice case. Click here for an article about how I evaluate whether I want to meet with a potential medical malpractice client. This touches on the issue of financial viability. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com... Read More

Yes, you can file a Motion to Dismiss the case and, unless the court determines there has been bad faith in your filing, it should be granted. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read More

Your husband can testify about what he paid you and when. His cancelled checks would be admissible evidence provided he can identify and authenticate the checks. The State does not need a bank employee to testify about your husband's payments, unless the checks were copied from your account. Even then, your ex husband could testify that he issued the check to you for child support and identify his check and signature. He is a biased witness, but the bias goes to the weight of the evidence and not its admissibility. You can't block it from coming in at your trial.... Read More

You asked:  We planning for a non disputed mutually consent divorce from COOS county.No kids,No money or properties involved..Can we apply on our own??? I am a Michigan attorney, but may be able to give you some guidance.  Most states permit parties to file divorce actions without an attorney, and will provide the parties the necessary forms.  I would suggest that you call or visit the Court and ask if they have such forms for you to file.  Also, you could call the local Bar Association to inquire whether there is a Legal Aid or Pro Bono Legal Services, who may be able to help. Stu Shafer... Read More

In NH it is called either shopping lifting or willful concealment (if you were stopped before you exited the store). The offense level depends on the value of the items stolen. Misdemeanor level is $1000 and below, Class B Felony is $1500 and below, and Class A Felony if the value of the goods exceeds $1500. With a clean record, you may be able to avoid a conviction depending on the circumstances surrounding your detention and arrest, and the police department and prosecutor you are dealing with in this case. I have had cases in which my client has avoided a conviction and I am typically able to get this type of charge reduced to a violation level offense for a person with no prior record.... Read More

Domestic violence and assault laws vary from state to state. In New Hampshire, where you are from, the crime of simple assault applies to one who causes bodily injury to or has "unprivileged physical contact" with another person. "Unprivileged physical contact" essentially means all physical contact not justified by law or consent. The offense is a misdemeanor unless the act was committed in a fight entered into by mutual consent, in which case it is only a violation. The misdemeanor offense carries a maximum jail sentence of 12 months and/or a fine of up to $2,000. A violation is not punished by jail time but can result in a fine of up to $1,200. To obtain a conviction, the state will have to prove beyond a reasonable doubt that you either (1) Purposely or knowingly caused bodily injury or unprivileged physical contact to another person; (2) Recklessly caused bodily injury to another person or (3) Negligently caused bodily injury to another person by means of a deadly weapon. "Purposely", "knowingly" and "recklessly" refer to state of mind and are legally defined terms. The crime can be proved by circumstantial rather than direct evidence, such as statements you may have made as recounted by a witness or the victim's injuries, New Hampshire does not have a separate criminal domestic violence statute. It does have a domestic violence protection law. Thus, domestic violence is not an element of the simple assault crime. Rather, if included in the charge, it is a circumstance the court can find. Criminal complaint forms may include a "domestic violence-related" box which can be checked to alert the court. If the assault is by a family or household member, or by a current or former sexual or intimate partner, and the conduct is found to be a credible present threat to the person's safety, it is considered to be abuse under the domestic violence statute. There are serious collateral consequences to a conviction found to involve domestic violence. Under federal law, you can lose your right to possess a firearm. It can affect your employment. If you are not a citizen, it can have immigration consequences. You may be entered in a national database of domestic violence offenders. A no contact order can be entered, which if violated, can result in jail time. You can be ordered to undergo counseling or a batterer's program. You should consult an experienced criminal defense attorney in New Hampshire who can review the language of the charge and the police reports with you, listen to your version of events and advise you as to possible defenses. He or she can also advise you as to possible plea resolutions that would avoid a conviction and permanent record. Jeralyn Merritt, Ask a Lawyer Panelist since 1998  ... Read More

Yes. An arrest will be on her record. At the arraignment she will be asked for a plea. The prosecution will offer her a deal, probably a fine of $300 or so if she pleads guilty. Or she can fight it. Of course if the theft is at a felony, all bets are off and they may seek jail time, depending on her existing record.... Read More

Class B carry no jail time. Depending on the court, the judge may give her payment plan. She should negotiate a lower fine. Depending on the record and the nature of the offense, the State is unlikely to seek a max fine. Certain charges, like a DUI carry mandatory minimum fine such as $500 for a DUI first offense... Read More

Your short answer is no. You have a right to privacy in a rented car and the police cannot search it without your consent. If you were arrested, the police can conduct what is called an inventory search, which is intended to secure any valuables within the vehicle, but the extent of the search is dictated by any search policy generated by the arresting agency. A "hit" by a dog that is properly trained to detect contraband will only provide the police with probable cause to obtain a search warrant. The police still need to obtain a search warrant before they search the vehicle.... Read More

Prosecutors generally are willing to resolve shoplifting cases, but it depends on which district court your friend is in. In Salem, for example, the standard fine is $600 plus a 12% penalty assessment. A shoplifting charge is a misdemeanor, but I can usually get the charge reduced to a violation level willful concealment for a first time offender. Any conviction will appear on her record, even a violation level offense. However, a violation conviction is not considered a crime.... Read More

Under U.S. banking law, if you open an account in the U.S., it will be your account, and the bank is required to "know" you as its customer. If your friend in Ghana misuses the account (i.e., for tax evasion or money laundering), you may have liability for such misuse. Your friend should take steps to open his own account if he wants to have an account in the U.S.... Read More

First, you can call the establishment and ask them for their insurance information to attempt to expedite the process. If they do not provide it, send a letter via certified and regular mail, giving a brief description of the accident, and asking them to contact you and provide their insurance information. Include a self-addressed stamped envelope addressed to your friend. Parenthetically, it would probably be better for your friend to call and write the letter in her name, since it is her claim. ... Read More

It depends on whether you have signed a reaffirmation agreement or not. You need to contact your bankruptcy lawyer and they can let you know whether you signed a reaffirmation agreement. If you reaffirmed the debt then you are still fully responsible. Generally, if you did not sign a reaffirmation agreement then you are not responsible for the debt. Again, be sure to check with your attorney. Terry Duncan Duncan Law, PLLC4801 E. Independence Blvd.Suite 1100Charlotte, NC 28212(704) 563-1224  Charlotte Bankruptcy Attorney... Read More

I'm going to take a leap here and guess that your question is regarding dischargeability of taxes.  Income taxes are dischargeable if all of the following prerequisites are met as of the date your bankruptcy case was filed: (1) it has been more than 3 years since the returns were last DUE (including extensions) to be filed, (2) the returns were timely filed or it has been at least 2 years since the returns were filed, (3) there was no fraud involved or attempts to evade the tax, AND, (4) the taxes were not assessed within the last 240 days. The only way to determine the date taxes were assessed is to obtain a record of account transcript from the taxing agency.   Also, a little known fact, but the 240 period is really 270 days. Tax dischargeability is very complex.  You should consult with a knowledgeable bankruptcy attorney in your area. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr  ... Read More