New Hampshire Criminal Defense Legal Questions

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

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

I would recommend retaining an attorney for this matter. This response does not contain specific legal advice. If you need specific legal advice, you should consult with an attorney. If you cannot afford an attorney, the court may appoint you one at the public's expense. You are presumed innocent until proven guilty beyond a reasonable doubt. Only if a person is ultimately convicted or if they plead guilty will they be sentenced. In Michigan, the maximum penalties for a retail fraud, usually charged in alleged shop-lifting cases for merchandise with a value under $200.00, is 93 days in jail, probation up to two years, a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine. Please note, however, that these are the maximum possible penalties. Judges in Michigan misdemeanor cases have a wide latitude with their sentences up to the maximum pursuant to the applicable statute. Policies and practices vary widely depending on the judge and county. An arraigning judge usually advises a defendant of their maximum possible penalties pursuant to the law.... Read More

I'd advise you to retain an attorney to assist you with this matter. It's always complicated when a friend finds themselves in these situations. What you say can and will be used against you or your friend if you are ever ultimately charged in connection with this matter. Your exposure is being potentially investigated yourself as either a possible witness or accomplice. While there are the occasional exceptions, your conversations with your friend are generally not considered confidential and are generally not privileged pursuant to the rules of evidence. You may be asked to testify against your friend if they believe your friend admitted guilt to you. You, however, also have a right to remain silent if what you say may be self-incriminating. Your friend may have alternatives to find emotional support and could find that support in a more confidential setting. If the authorities view you as a potential accomplice and if they have enough evidence, you could face charges yourself. I'd recommend you consult with an attorney and advise against you talking to your friend about the case unless you are fully aware of the potential consequences.... Read More

Call me to discuss case. There are many details I would need to know before giving any advice. Was daughter seriously hurt, blood tests done by state or only hospital, others in vehicle, date and location of accident, etc?? Pleading not guilty is always a good idea, but it is important that you talk to a lawyer ASAP to avoid any jeopardy for your daughter.... Read More

You can probably continue the case until you return. Generally speaking a MJ charge is a criminal offense in NH. There are ways to get it reduced and hopefully that can be done to avoid future consequences. You should contact a criminal defense lawyer. I would be happy to discuss case and give advice related to your situation.... Read More

If your attorney is seeking to amend the bail, and you are currently out on bail it is unlikely that bail would be revoked. It could happen and without all the facts it is impossible to say for sure. You always have the right to a trial if you can not work out a plea agreement. It seems like you have an attorney and you should really consult with your lawyer as they are in the best position to give you advise because they know the facts and circumstances of your case. If your lawyer is not able to discuss your case with you perhaps you need to consider obtaining new representation.... Read More

The sentence he receives will likely be up to the judge he appears before. Usually, the easiest way to get a lighter sentence is to provide substantial assistance to the government and get a 5K1 letter in federal court. In state court, he just needs to make an argument for a lighter sentence, including any substantial assistance he provided law enforcement.... Read More

Anuulment is covered at RSA 651:5: If you qualify the process is relatively simple. I have attached the statute below. The date that your sentence ended is when the time period must have run with no additional convictions. 651:5 Annulment of Criminal Records. - I. Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely brought in accordance with the provisions of this section if in the opinion of the court, after hearing, the annulment will assist in the petitioner's rehabilitation and will be consistent with the public welfare. II. Any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record at any time in accordance with the provisions of this section. III. Except as provided in RSA 265-A:21 or in paragraphs V and VI, any person convicted of an offense may petition for annulment of the record of arrest, conviction, and sentence when the petitioner has completed all the terms and conditions of the sentence and has thereafter been convicted of no other crime, except a motor vehicle offense classified as a violation other than driving while intoxicated under RSA 265-A:2, I, RSA 265:82, or RSA 265:82-a for a period of time as follows: (a) For a violation, one year, unless the underlying conviction was for an offense specified under RSA 259:39. (b) For a class B misdemeanor except as provided in subparagraph (f), 3 years. (c) For a class A misdemeanor except as provided in subparagraph (f), 3 years. (d) For a class B felony except as provided in subparagraph (g), 5 years. (e) For a class A felony, 10 years. (f) For sexual assault under RSA 632-A:4, 10 years. (g) For felony indecent exposure or lewdness under RSA 645:1, II, 10 years. IV. If a petition for annulment is denied, no further petition shall be brought more frequently than every 3 years thereafter. V. No petition shall be brought and no annulment granted in the case of any violent crime, of any crime of obstruction of justice, or of any offense for which the petitioner was sentenced to an extended term of imprisonment under RSA 651:6. VI. If a person has been convicted of more than one offense, no petition for annulment shall be brought and no annulment granted: (a) If annulment of any part of the record is barred under paragraph V; or (b) Until the time requirements under paragraphs III and IV for all offenses of record have been met. VI-a. A conviction for an offense committed under the laws of another state which would not be considered an offense under New Hampshire law, shall not count as a conviction for the purpose of obtaining an annulment under this section. VII. If, prior to disposition by the court of a petition for annulment, the petitioner is charged with an offense conviction for which would bar such annulment under paragraph V or VI(a) or would extend the time requirements under paragraphs III, IV and VI(b), the petition shall not be acted upon until the charge is disposed. VIII. Any petition for annulment which does not meet the requirements of paragraphs III-VI shall be dismissed without a hearing. IX. When a petition for annulment is timely brought, the court shall require the department of corrections to report to the court concerning any state or federal convictions, arrests or prosecutions of the petitioner and any other information which the court believes may aid in making a determination on the petition. The department shall charge the petitioner a fee of $100 to cover the cost of such investigation unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II. The d... Read More