New Hampshire Lawyers Blog - Liberty Legal Services

In our blog we will try and give updates on the law and cases throughout New Hampshire, as well as interesting events that occur throughout the country.

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New Hampshire State Rep. Gary Wheaton was recently convicted of Reckless Driving in Derry District Court.  Wheaton received the minimums on the violation level offense, which are $500 plus penalty and 60 day loss of license.  He was stopped in the parking lot of a local Londonderry restaurant. 

http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20110215/NEWS/102150325

Tagged in: reckless driving
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Driving under the influence of NyQuil can now land you in jail for driving under the influence.  Starting on January 1 of this year, New Hampshire has amended it's DWI laws to include over the counter cold medicines.  Simply admitting to having a cold and taking medicine could give police officer probable cause to arrest you for DWI.

http://www.dailymail.co.uk/news/article-2261994/Driving-influence-NyQuil-Sudafed-illegal-New-Hampshire-DUI-laws-toughened.html?ito=feeds-newsxml

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http://news.yahoo.com/judge-limits-stop-frisk-searches-yorks-bronx-175834468.html

"A federal judge on Tuesday ordered the New York Police Department to immediately stop conducting trespass stops outside certain residential buildings in the borough of the Bronx without "reasonable suspicion" that an individual is engaged in criminal activity."

"

The NYPD and Mayor Michael Bloomberg have defended the stop-and-frisk program, in which police stop and question people they suspect of unlawful activity and frisk those they suspect are carrying weapons. The NYPD and the mayor say it has reduced crime.

Opponents have contended that stop-and-frisk targets minorities and violates their Fourth Amendment rights for protection against unreasonable searches and seizures.

In her 157-page ruling, Scheindlin said it was "difficult to believe that residents of one of our boroughs live under such a threat" of being stopped as they leave their homes.

"In light of the evidence presented at the hearing, however, I am compelled to conclude that this is the case," she wrote."

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http://news.yahoo.com/texas-school-force-teenager-wear-locator-chip-judge-021126100.html

"A public school district in Texas can require students to wear locator chips when they are on school property, a federal judge ruled on Tuesday in a case raising technology-driven privacy concerns among liberal and conservative groups alike."

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The American Civil Liberties Union is among the rights organizations to oppose the district's use of radio frequency identification, or RFID, technology.

"We don't want to see this kind of intrusive surveillance infrastructure gain inroads into our culture," ACLU senior policy analyst Jay Stanley said. "We should not be teaching our children to accept such an intrusive surveillance technology."

The district's RFID policy has also been criticized by conservatives, who call it an example of "big government" further monitoring individuals and eroding their liberties and privacy rights.

The Rutherford Institute, a conservative Virginia-based policy center that represented Hernandez in her federal court case, said the ruling violated the student's constitutional right to privacy, and vowed to appeal."

GIven New Hampshire's emphasis on liberty, I do not foresee this coming to NH anytime soon. However, it is pretty outrageous conduct to be allowed anywhere in America. Students still have constitutional rights while in school.

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http://news.yahoo.com/college-student-wins-stalking-order-against-parents-084658542--abc-news-parenting.html

"A 21-year-old theatre student has obtained a civil stalking restraining order against her parents after convincing a judge that they attempt to control all aspects of her daily life."

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"They basically thought that they were paying for my college tuition and living expenses that they could tell me what to do who to hang out with ... basically control all of my daily life," Ireland told ABC News.

The dean's list student's complaints against her parents began when she realized they'd installed monitoring software on her computer and her phone. They paid unannounced visits, traveling 600 miles from their home in Kansas, to meet with Aubrey's department head.

They also accused their daughter of promiscuity, doing drugs, and having mental issues to the point where they were considering going to court to order that she get treatment.

"My mom has always been very overly involved," Ireland said. "I would have to get on Skype all the time to show them that I was in my dorm room, or there were nights I had to leave my Skype on all night and my mom would watch me basically sleep.""

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New Hampshire's finest were out in full force on New Year's Eve keeping the roads safe.  Remember be smart and don't drink and drive.

http://bedford-nh.patch.com/articles/nh-state-police-arrest-15-for-dui-on-new-year-s-eve

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WMUR is reporting that Manchester lawyer Lisa Biron is facing a charge of sexual explotaition of a minor.  Allegedly, Ms. Biron solicated a minor for the purpose of taking him to Canada in order to engage in sexual activity.  Since she took the minor across state lines, the U.S. Attorney's office is prosecuting the case.

She is up on additional charges, and has plead not guilty.

http://www.wmur.com/news/nh-news/Lawyer-faces-new-child-exploitation-charge/-/9857858/18003296/-/9pg3x1/-/index.html

Tagged in: federal
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On Wednesday, December 19 a Derry man was arrested for going 108 mph on 93 N in a construction zone near exit 5.   He's set to be arraigned in February. 

http://www.londonderrynh.net/2012/12/derry-man-arrested-for-108mph-in-construction-zone-on-i93/58600

Tagged in: speeding derry
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David Connare was charged with DUI and Reckless driving following a crash on 93 N in October.  He was arraigned in Manchester district court on December 10, 2012. 

http://www.unionleader.com/article/20121017/NEWS07/710189990

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What are lesser included offenses?  These are crimes that contain the same elements as more serious charges.  One example is robbery.  Robbery is larceny by force.  You can think of larceny as theft.  You take someone's property with the intent to permantely deprive them. These are all elements of robbery as well.  However, robbery also includes the use of force or intimination.  The state can't convict you of robbery, larceny, and assault.  If you are convicted of robbery, then under the merger doctrine the lesser offenses are merged into the more serious offense. 

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A Hillsborough County Superior Court jury convicted Myles Webster of convicted murder today.  The incident stemmed from a March 21 shooting on the corner of Wayne and Rimmons streets in Manchester, New Hampshire.  Webster was being chased by Manchester Daniel Doherty after an attempted robbery.  Webster emptied his .357 Glock semi-automatic pistol as Doherty lay on the ground.  Luckily, the officer was not killed in the incident.  The details are below. 

http://www.unionleader.com/article/20121211/NEWS03/121219892

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Yes it is.  Under RSA 265:25 Following Too Closely, The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for speed of such vehicles and the traffic upon and the condition of the way.  So what does that mean?  It means if you get pulled over for tailgating, it is a complete judgment call for the officer involved. 

As a corollary to tailgating, if you have been out for dinner and had a couple glasses of wine, this would give an officer reasonable suspicion to pull you over and may invite field sobriety tests.  Watch how closely you follow cars, and be safe out there. 

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Not really.  I'm sure many of you have seen Grand Jury Indictments in Law and Order, but that's not it works in New Hampshire.  Although we do provide for Grand Jury Indictments under Rule 8 of New Hampshire Criminal Procedure, in practice they are not utilized.  Instead, we simply have arraignments at district court for misdemeanors and violations.  If you are charged with a felony, you will have a probable cause hearing before a district court judge.  If the judge finds probable cause, which they almost always do, your case is transferred to superior court.  New Hampshire district courts do not have jurisdiction to hear felony charges. 

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A Hudson man has been charged with conduct after an accident, a felony, along with driving after suspension and resisting arrest.  This all stemmed from the driver leaving the scene after striking a pedestrian. 

 

http://www.nashuatelegraph.com/news/985843-469/alleged-nashua-hit-run-driver-arrested-faces-multiple.html

Tagged in: hit and run
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Last Wednesday, Nashua Police responded to an internal theft report at the local Amazon shipment center.  Milton Irizarry, of Manchester, is accused of stealing more than $1,500 worth of merchandise.  Since the theft exceeded $1,500 it is being brought as a felony. 

 

http://www.nashuatelegraph.com/news/985412-469/amazon.com-employee-charged-with-theft-from-nashua.html

Tagged in: amazon theft
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Stacie Laughton is ineligible to serve as Nashua's Ward 4 representative due to prior felony convictions.  Despite winning the the Ward 4's popular election, New Hampshire State eligibility law is clear that a felon is ineligible to serve as a member of the House of Representatives. 

This may invite a review of the current state law regarding eligibility. 

http://www.nashuatelegraph.com/opinion/editorials/985713-465/nh-must-review-its-felon-election-statute.html

Tagged in: felon
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The Plaistow couple wanted for the violent assault on a three year old has been caught in FL.  They are currently being held at the Orange County Sheriff's Department. 

http://www.unionleader.com/article/20121128/NEWS03/121129112

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I hear this almost daily, "I need a lawyer."  If you've been arrested, are facing mounting debt, or maybe just need to simple estate planning, our firm can help you.  Call today to set up a free consultation to discuss your needs.  We are a no games, straight forward law office and are here to help. 

Our main office is in Hudson, but we have a satellite office in Concord.  We serve Hudson, Nashua, Salem, Londonderry, Derry, Concord and more.

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Across New Hampshire flags are being flown at half-staff in honor of the late New Hampshire Senator Warren Rudman.  Rudman served from December, 1980 until January 3, 1993.  He was a driving force in nominating New Hampshire Supreme Court Justice David Souter for the United States Supreme Court during the Bush Administration, and is remembered fondly for working with Senator Gary Hart investigation international terrorism.  He passed away on November 19, 2012.  He had a home in Hollis, New Hampshire.

http://www.boston.com/news/local/new-hampshire/2012/11/29/flags-half-staff-honor-warren-rudman/c9CS5vPpoXQaYupcv34dpJ/story.html

Tagged in: hollis rudman
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Update to the blog post about the Merrimack who injured his mother earlier this week.

http://www.unionleader.com/article/20121128/NEWS03/121129200/1006/news03

Apparently, there is a connection to an 2 year old unsolved murder and the man accused of beating his mother.  We will update as the story unfolds. 

Tagged in: homicide
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Manchester, NH 03102
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