Trials Going but Not Gone

Trials Going but Not Gone

When you imagine a lawyer you may think of some of these famous TV lawyers: Arnie Becker, “L.A. Law” ... Saul Goodman, “Breaking Bad”/”Better Call Saul” ... Perry Mason, “Perry Mason” ... Jack McCoy, “Law & Order” ... Ben Matlock, “Matlock” ... Jackie Chiles,...

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Annulment of Criminal Record in NH

Annulment of Criminal Record in NH

Update on Annulment of Criminal Record in NH NH Change on Annulment of Criminal Records, Extending time required for Annulment of Simple Assault DV Related to 10 Years.   NH has changed the law again on annulments creating a 10 year requirement of no offense in order...

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North Country Fun:  Skiing/ Après Ski and Avoiding DWI

North Country Fun: Skiing/ Après Ski and Avoiding DWI

  The White Mountains have fantastic ski areas with great terrain and views.  People come from all over New England and beyond to make turns, enjoy views, be outside and vacation.  The local ski areas include:  Loon, Cannon, Bretton Woods, Cranmore, King Pine,...

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Public Trials in a Pandemic? Why Not Live Stream?

Public Trials in a Pandemic? Why Not Live Stream?

The Sixth Amendment to the U.S. Constitution and Part 1, Article 15 of the NH Constitution provide a fundamental guarantee to all defendants in criminal cases to the right to a public trial. This right to a public trial is fundamental and essential to our justice...

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Race Violence and Justice

Race Violence and Justice

As a member of the board of NH Association of Criminal Defense Lawyers, I am proud that our board worked together to comment on the most recent crisis in America and have issued a Statement on Police Brutality and Systemic Racism in our criminal justice system. It is...

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Frequently Asked Question for Lawyer

I have been a defense lawyer for over 25 years.  It is very common for someone looking for an attorney to ask questions about the process, general information, and legal terms.  I am happy to answer your questions personally so if you have others do not hesitate to...

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Constituion in Time of Covid Pandemic?

The right to speedy trial derives from Part I, Article 14 of the New Hampshire Constitution and the Sixth and Fourteenth Amendments to the United States Constitution.  Due Process is governed by Part I, Article 15 of the New Hampshire Constitution and the Fourteenth...

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NH Courts Closed Except for Emergency/ Urgent Matters

Governor Sununu and the NH Courts suspended in person court proceedings from March 17, 2020 through April 6, 2020.  Jury selection in NH was cancelled on Friday March 13, 2020. This is due to the COVID-19 pandemic. The NH Supreme Court has ordered that all NH courts...

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NH Law Eases Annulment of Pot Convictions

  January 1, 2020 NH  law, HB 399, mandating annulments for arrests or convictions for less than 3/4 of an ounce of cannabis for any offenses prior to September 16, 2017 became the law. This law amends RSA 651:5-b. This means that any conviction prior to the date...

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Are Breath Tests Accurate? The NH View.

I recently wrote an opinion piece that was published by the Caledonian Record on November 7, 2019 focusing on breath testing accuracy in NH. It is important to understand that CMI, Inc. not only refuses to provide information to a defense lawyer but also ignored...

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NH Rejects Attorney General for Supreme Court Justice

The Executive Council has refused to confirm Attorney General Gordon MacDonald as chief justice of the New Hampshire Supreme Court.  State Counsil Rejects Attorney General. This is the first time in my memory that the Executive Counscil has refused to confirm a...

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Make a Difference today!

As many of you know I grew up in WNY and am a life long Bills fan.  This causes some grief to me as I live in Northern NH during the Brady era.  However, everyone will feel the power of Jim Kelly's emotional, humbling and loving tribute to others as he accepted the...

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Opioid Crisis in NH get National Attention

The New York Times has done a story about the "Perfect Storm" in New Hampshire fueling an Opioid Crisis on January 21, 2018.  The New York Times also did a personal story about a NH family from Pembroke and how they are dealing with addiction to pain killers, heroin...

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Why do NH Bars All Sell Food? It is the Law!

NHPR did a story explaining the liquor laws origins and why it still exists today.  The story points out that in a state noted for its "Live Free, or Die" motto this type of regulation is contrary.  So as we bring in the New Year enjoy a toast with your favorite...

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Just Arrested, What Next?.

If you have just been arrested then you have likely had one of the worst days of your life.  You are likely confused, ashamed and afraid.  You are concerned about what to tell your spouse, employer or family. You have racing thoughts and lots of questions. I have...

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Court Rules State’s Request to Reconvene Jury is Denied

  After over a month of anxiety for Randy and his family I was happy to share the news that the Court denied the state's motion to reconvene the jury.  The case is finally closed. The law is pretty clear that any misconduct must be prior to a verdict. The actions...

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No More Second Sample being Collected in NH Breath Tests

July 3, 3017 The Caledonian Record printed a story about the loss of the independent breath sample for testing in NH.  The story carried quotes from Attorney Harden. NH Law RSA 265-A:5 and 7 was changed effective January 1, 2017.  The changes mean that NH no longer...

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Computers Covering up Evidence due to Source Code

The criminal justice system is becoming more and more dependent on computers and software.  Police and corrections use computers to: assess risk, identify suspects, determine age, locations, determine gunshots and many more pieces of evidence.  At the root of all of...

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Berlin Roadblock week of June 18, 2017

If you are stopped at the Berlin Police Roadblock you need to understand your rights. The police call this a sobriety checkpoint, but be clear it is a roadblock.  The police get paid lots of overtime and yield very few arrests for impaired driving in these...

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