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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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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The Union Leader published an interesting article on the use of deadly force when defending yourself at your home.

http://www.unionleader.com/article/20121209/NEWS03/121209176

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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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Posted by on in DWI

The legislature voted earlier this year to change how after care is handled for DWI convictions.  Impaired Driver Care Management Programs will replace the current system.  The details of the new program are not well known as of yet which we expect will create confusion in the up coming months. 

Tagged in: IDCMP
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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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If you have received a Habitual Offender letter in the mail from the New Hampshire DMV, I highly suggest you contact a lawyer.  The New Hampshire DMV will certify a driver as a Habitual Offender when that driver accrues the following violations/crimes in a 5 year span:

3 majors

12 minors

Or a combination of majors and minors such as:

2 majors and 4 minors

Major violations are DWI, Reckless Driving, Driving after Suspension etc.

Minor violations are speeding, improper lane change etc. 

You have a right to a hearing before an examiner at the New Hampshire Department of Safety.  I can't stress enough that you should NOT ignore the letter.  If you do not appear before the hearings examiner, you could use your license for 4 years.  If you drive after being classified as a Habitual Offender, you are facing a felony and not less than 1 year in prison.  Call us to discuss your options. 

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Yes, driving a motor vehicle when your license is suspended can be a crime.  RSA 263:64 states, "No person shall drive a motor vehicle in this state while the person's driver's license or privilege to drive is suspended or revoked by action of the director or the justice of any court in this state, or competent authority in the out-of-state jurisdiction where the license was issued. 

New Hampshire has enacted harsh penalties for those that drive while their license has been suspended.

http://www.gencourt.state.nh.us/rsa/html/XXI/263/263-64.htm

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Posted by on in DWI

A hardship or "Cinderella" license is unavailable in New Hampshire.  If you have been charged with DWI, it is imperative for you to speak with an experienced DWI attorney to can your license back as quickly as possible. 

Tagged in: cinderella hardship
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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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Posted by on in DWI

If you arrested for DWI in the State of New Hampshire and were involved in an accident that caused serious bodily injury the state can bring a felony DWI charge against you.  You will be facing a minimum of 14 days in jail and up to 7 years in prison.  This is a serious offense and can greatly effect the rest of your life.  Not only will you be behind bars, but you will have to pay thousands in fines and administrative penalties.  You will also be a felon which will significantly reduce your ability to find employment.

If you are facing felony DWI, you need representation to defend your rights. 

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Posted by on in Blog

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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Posted by on in Criminal Defense

Violating your bail conditions in the State of New Hampshire is a crime.  Typical bail conditions include not committing any further crimes.  An example of this would be that you were arrested for DUI in February 2012 and your trial is scheduled for August 2012.  If you then get into a fight in July 2012, and arrested.  That alone is a violation of your bail condition.

If you find yourself in a similar situation as described above, give us a call and speak with an experienced criminal defense attorney. 

Tagged in: bail condition
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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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Posted by on in Blog

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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The current standard for student loan discharge is the Brunner Test formulated in Brunner v. New York State Higher Education Services Corp.  831 F.2d 395 (2d Cir. 1987).  Although the Brunner Test has not been officially adopted in the First Circuit it is still the basis for discharging student debt. 

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Posted by on in DWI

The Manchester Police department have received court authorization to conduct sobriety checkpoints tonight and tomorrow.  The locations of the sobriety checkpoints within Manchester have not been disclosed.

http://www.concordmonitor.com/home/3047192-95/police-checkpoints-manchester-sobriety

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Posted by on in Blog

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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These are both legal burdens of proof.  In a criminal case, the state must prove all elements of the offense beyond a reasonable doubt.  In a civil case, the claimant must prove their allegation by the preponderance of the evidence.  You can think of this as a balance of probabilities.  If the claimant proves there case such that it is more likely than not (>50%), they win. 

If you are a defendant in say Nashua District court for a misdemeanor offense, the state has the burden to prove each element of the offense beyond a reasonable doubt.  This is a good thing because it is the highest legal standard in our legal system. 

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Yes, you can.  There are reciprocity agreements in regards to registration among the states.  An expired registration on an out of state license plate is sufficient to be pulled over and ticketed.  Similarly, you can be cited for an expired out of state driver's license. 

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212 Coolidge Ave.
Manchester, NH 03102
(603) 583-4444