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,...
Video is Coming to NH State Police: Video helps Good Cops and Improves Confidence in Police
I was recently speaking with a NH State Trooper and learned that body worn cameras (BWC) and cruiser videos are going to be standard issue to all NH State Police in the next month. This is great news for the police and the public. It is long overdue and will mean...
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...
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,...
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...
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...
What to Look for in Picking a Lawyer. How to Avoid a Bad One!
The search for a good lawyer is difficult. A person is under stress, pressure and anxious. They need help to understand the process and have likely never faced this task before. Anybody can create a website and look like a modern day Clarence Darrow with great...
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...
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...
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...
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...
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...
Breath Testing is it Accurate, Reliable and Precise? NY Times Takes it up.
Breath Testing is widely used in United States and in NH. In fact NH has recently spent millions to update the breath machines it uses to convict drunk drivers. The new machine used in NH is called the Intoxiylzer 9000 pictured below, made by a company called CMI. ...
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...
SCOTUS Affirms Blood Withdrawal from Unconcious Driver without Warrant
The United State Supreme Court affirms that police can order blood drawn from a suspect in a DWI case while the suspect is unconscious. SCOTUS holds that state law assuming driver’s consent to blood test for alcohol/drugs - even with the driver unconscious -...
NH Replaced 1988 Breath Machines with Intoxilyzer 9000, State is Afraid to Provide Access and Training.
NH has a long history of working with CMI, Inc. the manufacturer of the Intoxilyzer breath machines. NH purchased 88 Intoxilyzers in 1988 for $480,280. The average cost was a bit more than $5,000. NH has used the Intoxilyzer 5000EN until this year including a long...
5 Ways to Avoid Carjacking From Team O’Neal, A Local Driving School
Most Powerful Person In NH Criminal Justice System? County Attorney
Jeanne Hruska police director of the ACLU-NH recently published an opinion in the Concord Monitor about the importance of a county attorney in NH, entitled Why County Attorney Races are a Big Deal. As election day approaches most folks will only have one candidate to...
Oh Canada, DWI Laws Prohibit Americans Entering Canada with History of DWI
A DWI record or other serious offense can keep you barred from Canada. Having a DWI on your record can get you banned from visiting Canada. Drunken driving is considered an indictable offense in Canada. If you have a DWI you will have to wait at least five years and...
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...
COURT RULES THAT 2017 BORDER PATROL CHECKPOINTS IN WOODSTOCK, NH WERE UNCONSTITUTIONAL
COURT RULES THAT 2017 BORDER PATROL CHECKPOINTS IN WOODSTOCK, NH WERE UNCONSTITUTIONAL Plymouth, NH – The New Hampshire Circuit Court has ruled that the border patrol checkpoint that occurred in August 2017 on Interstate 93 in Woodstock, New Hampshire was...
Bad science puts innocent people in jail — and keeps them there
As a criminal defense lawyer for 25 years, I have seen many changes in how science interacts with the law. This story by the Washington Post gives a good summary of how bad science and pseudo science have led to wrongful convictions and incarcerations. It is...
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...
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...
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...
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...
Berlin Man Not Guilty of 2016 Death of Woman Who Fell From His Truck
It was an honor to represent Randy and help him preserve his liberty. Though he won his trial the emotional, mental and physical toll of this situation weighed on all involved. I wish he and his family all the best. In a tragic case like this there are no winners...
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...
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...
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...