New Hampshire Criminal Defense Legal Questions

It depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. They can be very costly. You can always represent yourself, but as a practical matter, yes you do need a lawyer. Cost depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. Our office stands ready to give you a consultation on your particular situation. We would charge $300 / hour for a consultation and estimate it to take 2 hours.... Read More

It depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. They can be very costly. You can always represent yourself, but as a practical matter, yes you do need a lawyer. Cost depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. Our office stands ready to give you a consultation on your particular situation. We would charge $300 / hour for a consultation and estimate it to take 2 hours.... Read More

While I do not know all facts of your case, and I cannot find a NH case on point regarding the avoidance of a DUI checkpoint, other states' courts have found that if the U-Turn is legally done police officers may not chase/stop you due to the U-turn.   I would argue that the stop was unlawful and no crime was committed as you were trying to avoid the long wait at a checkpoint.  You did not disobey an officer, only attempted to avoid the checkpoint itself, which are done at random solely to find drunk drivers. John C. Pomykato Pomykato & Pomykato (617) 423-0001 pomykatolaw.com... Read More

There is not a simple answer to your question, it's a complicated issue. A skilled criminal defense attorney would need to discuss this matter with you in greater detail, & ask you many questions, before he/she could give you the proper legal advice (& a quote) you are seeking. Schedule a consultation ASAP. Once the case is resolved to your satisfaction, you'll be glad you paid the money to hire her/him & properly protect your legal rights.... Read More

Instead of contacting the prosecutor directly, I encourage you to retain a criminal defense attorney in the county where your son is charged.  An experienced attorney can evaluate the case and advise your son as to whether he has a viable defense to the charges, such as a challenge to the legality of the initial traffic stop, the subsequent request and consent to search, and the search itself.  An experienced attorney will also  be familiar with the charging policies in your jurisdiction, and can advise you as to the likelihood of having the charges dropped, deferred  for dismissal at a later time, or reduced to a non-drug offense to avoid a conviction that will cause a loss of student aid. New Hampshire has the third-highest penalties in the nation for possession of just under one ounce of marijuana.  While the New Hampshire House passed a decriminalization bill this year, it was rejected by the state Senate. Possession of any amount of marijuana (or drug paraphernalia ) remains a Class A misdemeanor punishable by up to a year in jail and a fine of up to $2,000. For those under age 21, it can also result in suspension of their driver’s license.  Transporting a controlled substance (driving a vehicle knowing that it contains a controlled substance ) is a misdemeanor and results in the suspension of one’s driver’s license for between 60 days and 2 years. .Assuming the prosecutor will not dismiss, defer or reduce the charge to a non-drug offense, , your son may want to delay the case until January and take the case to trial.  In July, the  Governor of New Hampshire signed a jury nullification bill into law. The law, which goes into effect January 1, gives the defendant the right to argue jury nullification to the jury.  Essentially, jury nullification allows a jury to refuse to convict, even if the state has proven all the elements of the crime, if it finds the law objectionable or  inappropriately applied, or if it believes a guilty verdict would not be a fair result in the case.  A New Hampshire jury might well decide the punishment for your son  is disproportionate to the crime and unfair, particularly since other states in the region, including Connecticut, Maine, Massachusetts,New York, and Rhode Island have decriminalized possession of small amounts of marijuana. (Vermont has not, and Rhode Island’s law goes into effect April 1, 2013. )Even a conviction for misdemeanor transporting or possessing marijuana can have serious consequences.  It results in a criminal record which can affect future employment and eligibility for professional licenses and public benefits, including financial aid  for college students. Despite your best intentions, I believe you can be of greater help to your son by assisting him in retaining experienced counsel than by attempting to contact the prosecutor directly. Jeralyn Merritt, Ask a Lawyer Panelist Since 1998.  ... Read More

CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? Your attorney will raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. He will will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.... Read More