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Portsmouth Criminal Law Blog

Do police really need to read you the Miranda rights?

Getting arrested and facing criminal charges is a frightening experience. The desire to walk away without a conviction is strong, and people often start immediately doing mental gymnastics in an attempt to mitigate the potential damages from their brush with the law.

Planning a defense strategy and avoiding incriminating yourself are wise choices. However, beware of trying to build a defense around an inaccurate assumption.

Installing an IID: First step to regaining a license after a DWI

There are many unfortunate consequences for getting convicted of driving while intoxicated (DWI) in New Hampshire. Those penalties vary, depending on the criminal history of the person involved. They can include jail time and serious fines.

One of the longest lasting consequences of a DWI, other than the criminal record, is the loss of your driver's license. There is mandatory suspension of someone's license after a DWI conviction in New Hampshire. When time comes to get your license reinstated, state laws often require that you install an ignition interlock device in your vehicle for a period of between one and two years.

When a tragic car crash leads to negligent homicide charges in NH

Car accidents can often have tragic and unintended consequences. Sometimes, a simple mistake like glancing down at a phone while behind the wheel can mean the difference between life and death for someone sharing the road with you. 

If you have experienced a car crash that resulted in the death of someone else, you may worry about the potential for a negligence homicide criminal charge. In other states, negligence homicide might get called involuntary manslaughter. In other words, you don't have to intend to cause somebody harm to face criminal charges related to negligence homicide in New Hampshire.

Is stalking a form of domestic violence?

If you have been accused of domestic violence in the state of New Hampshire, it is important to know that it is a very serious charge, and can result in jail time. Many people accused of domestic violence can be confused in regard to what type of behavior it constitutes, and they do not know exactly how to defend themselves. It is important that anyone accused of domestic violence conduct adequate research.

Domestic violence is a broad area of the law and there are many aspects that define it. It is, first of all, defined as a type of harassment or abuse from one person that is directed toward one or multiple domestic relations. This domestic relation could be a romantic partner, regardless of whether the romantic couple share the same home.

Always watch what you say to the police

Any time that you speak to police, whether they stop you while driving or simply ask you a question on the street, you must take great care to guard what you say. Anything you say to an officer of the law may come back to haunt you later in a court of law. This is true even if you didn't think the officer was gathering information at the time.

During each interaction with a police officer, he or she is gathering evidence. Even in casual conversation, the things you say to police officers can become evidence against you. If an officer pulls you over or questions you, he or she is actively building a case against you throughout the entire interaction.

College students abusing prescribed drugs could lose big

For many young people, college is a time of experimentation. They will learn as much through their social encounters and personal mistakes in the years of higher education as they will in classes. College is when students learn to make wise decisions, provide for their own needs and focus on what matters most through trial and error. Sometimes, however, those errors can have a profound impact on the ability to finish an education.

For students facing criminal charges related to drugs, the consequences couldn't be more serious. In addition to criminal penalties, they could face administrative actions by the school and a potential loss of financial aid if they get convicted or plead guilty. Some students may think prescribed drugs are a safer option, but they could face serious consequences if they get caught.

When does a New Hampshire DWI charge become a felony?

Any criminal charge is a serious concern, but those that are felonies usually carry the harshest penalties. If you find yourself or a loved one facing a driving while intoxicated (DWI) charge, you may want to educate yourself more about how New Hampshire handles these cases. Every state has its own set of rules relating to impaired driving, with different potential penalties and charges for special circumstances.

Most people facing a first or second DWI offense in New Hampshire will face misdemeanor charges, although those also become more severe with subsequent offenses. Even third DWI charges for an individual driver may remain misdemeanors. However, there are circumstances in which a DWI charge will become a felony charge in New Hampshire. Understanding these are important, because New Hampshire has harsh penalties for these charges.

Don't discount New Hampshire's penalties for drunk driving

Drunk driving is a serious criminal act that many people tend to discount because they don't see the big deal about having a few drinks and getting behind the wheel of a vehicle. Some individuals might even think that they can handle their alcohol in a manner that allows them to drive.

The fact is that it doesn't matter who well you think you can drive if your blood alcohol concentration is higher than the legal limit. Even if you consider yourself a "functional drunk person," you can still face criminal charges. Here's what you need to know about drinking and driving in New Hampshire:

6 defenses against a murder charge

Murder is the highest-level crime in New Hampshire, and a conviction of murder could come with the highest consequence — the death penalty. For this reason, those accused of murder should use any criminal defense strategy that could help them avoid convictions.

The choice of criminal defense against a murder charge will largely depend upon the facts and evidence surrounding the death, the defendant's preferences and other factors.

Breathalyzer results are not always reliable

When a police officer determines that a driver is too intoxicated to drive using the results of a breathalyzer, the driver may think that there is nothing he or she can do to fight the charges. This a normal feeling, but drivers who face DUI charges may have more ways to fight than they realize, including challenging the breathalyzer results themselves.

If you recently received DUI charges involving breathalyzer results, you should not wait another day before building a strong legal defense. Without some form of legal defense, you have nothing to protect you from whatever sentence a prosecutor recommends, and these punishments are often much harsher than is necessary.


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