Here's a common scenrio:  You've just been arrested.  You were handcuffed and taken down to the police station.  You were finger printed and placed in lockup while you wait for the bail commissioner.  Do I need a lawyer, you think to yourself.  The answer is yes.  A lawyer is necessary to protect your rights, and to be honest, to give you piece of mind.  The criminal justice system can be a confusing and frightening experience.  The question am I going to jail will run through your mind.  The right lawyer can help you through the process and calm your fears. 

If you've been recently arrested, contact an experienced criminal attorney. 

An interlock device is a mechanism installed on your car that requires you to provide a breathe sample before the car with start.  It also requires the operated to provide a breathe sample at differing intervals.  An interlock device is typically not required on a DUI First Offense.  However, if you are convicted of an Aggravated DUI an interlock device is required by statute. 

My attorney told me that the prosecutor is offering to place my charge on file without a finding.  What does that mean?  In the State of New Hampshire, that means that you are not convicted of the crime but the charge will be continued for a certain period of time.  Typically the charge will be continued for 1 year good behavoir.  That means no further illegal conduct, and counseling and whatever else the prosecutor asks for.  At the end of the period, the charge is dropped.  Please note however that the arrest will see be on your record.

In the state of New Hampshire (and basically all other states), there are certain crimes that are called Qualifying Misdemeanor Crimes of Domestic Violence.  Beyond a fine and possible jail time, if you are convicted of one of these you can longer possess a firearm.  If you do, it is a crime see U.S.C. sec 922(g)(9).  The four listed offenses are Assault, Disorderly Conduct, Sexual Assault, and False Imprisonment.  In addition, to being found guilty of one of the listed offenses, the defendant has to be in a qualifying relationship with the victim.  Typically the defendant is a spouse or a parent.

Make sure that you protect your rights and consult an experienced defense attorney if you are in this situation. 

In the criminal setting, evidence presenation begins with the calling of the first witness.  The plaintiff's attorney or state calls the witness and begins asking questions to the witness. This is the direct examination.  The attorney will ask illicit testimony that produces facts that supports his case. During direct, the attorney cannot ask leading questions or questions that imply or prompt certain reponses from the witness.  For example:

Didn't X threaten you that night?

After the direct examination is completed, opposing counsel gets the opportunity to question the witness.  This is referred to as cross-examination.  During the cross, opposing counsel attempts to undermine or impeach the witness's credibility.  This is accomplished through bias, previous mistatements, or anything else that may cast doubt on the witness' testimony. 

The fact pattern goes something like this.  You get a call from county jail, and it's from your best friend.  He's been arrested and is now in lock up.  What can you do?  What are the next steps?  First, ask about the bail conditions.  If it's a personal recognizance bail, it can be as easy as picking your friend up from jail.  A personal recognizance bail is just as it sounds.  Your bail is essential a promise to appear at the arraignment.  There is typically a small fee associated with this type of bail.  

If your friend is not lucky enough to get a PR bail, it may be a small amount say $2000 cash or surety bond.  If it's a bond typically you put up 10%, however, in some cases a cash bail will be required.  If that's the case then unfortunately, the entire bail amount will be required.  After bail has been determined, head over to the jail and pick up your friend, provided that he's free to go. 

In the state of New Hampshire, if your sentence can include jail time then you can APPLY for a public defender.  Basically you must fill out a financial affadavit and if you qualify you are assigned a public defender.  However, the public defender is not free.  You will be required to pay a reduced fee for their services.  If you do not qualify, then you are on your own hiring a criminal defense attorney. 

The Nashua District Court recently moved from 25 Walnut Street to 30 Spring Street.  The move means that both the Nashua District Court and the Hillsborough South Superior court are both in the same building. 

This just occurred for me today.  My client was MIA at his hearing.  The judge issued a bench warrant with bail to be set upon arrest.  Long story short, you have to attend your court date.

If you get arrested for DUI you have to worry about both the criminal charge AND an administrative license suspension.  These are separate issues and require separate solutions.  When you get arrested for DUI, you will be transported back to the police station and you will be asked for a breathe sample.  The police are required to recite the ALS form to you and then you make the decision whether to give the breathe sample or not.  If you do NOT give the breathe sample, you will have your license administratively suspended after 30 days.  You can request a hearing on this matter.