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Portsmouth Criminal Law Blog

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.

Possession of marijuana with intent still carries harsh penalties

Many states have decided to legalize marijuana for medicinal or adult recreational use. A number of states and quite a few cities have also chosen to decriminalize possession of a small amount of marijuana for personal use. Social attitudes toward marijuana have changed drastically in the last decade, but court and law enforcement approaches to the substance remain locked in a time of prohibition.

For those living in or visiting New Hampshire, there's potential for serious criminal charges related to marijuana. While simple possession has lower penalties in New Hampshire compared with other states, the penalties for possession with intent are still quite severe.

Underage drinking could cause major issues for your teen

The teenage years are often a time of social growth, self-discovery and mistakes. Young adults grow and mature as they make poor decisions and learn from the consequences of their actions. Usually, those mistakes involve consequences like a headache from dehydration, failing a test due to lack of study or getting grounded for breaking curfew. Sadly, for some teens, youthful indiscretions can have longer-lasting consequences.

When law enforcement gets involved, an otherwise minor mistake could haunt your teen for years to come. It's also a mistake for you, as a parent, to brush off alcohol-related offenses your child faces a minor concern. In reality, your child could face criminal penalties and a record that could impact everything from college admissions to future job prospects.

Drugs and driving under the influence – what you should know

While most driving under the influence (DUI) cases involve alcohol, it is possible to face a DUI charge for operating a vehicle while impaired by many other substances. For example, a law enforcement officer can charge you with a DUI if you are under the influence of a prescription drug. Even if the medication you are taking is a legal prescription from your doctor and you took the correct dosage, you could still be facing some serious consequences if you receive a DUI.

Different kinds of drugs can impact your driving in different ways. For example, the effects of driving under the influence of muscle relaxers can be different from driving under the influence of marijuana.

What’s difference between manslaughter and negligent homicide?

New Hampshire state laws generally divide criminal homicide into five categories. These include capital murder, first-degree murder, second-degree murder, manslaughter, and negligent homicide. Manslaughter and negligent homicide are very closely related, however, there are some differences.

While these two particular criminal homicide offenses can seem almost like the same crime, certain circumstances separate the two. To find out more about New Hampshire manslaughter laws and negligent homicide, read further.

These situations can lead to the loss of your right to a firearm

When you commit a crime or are accused of one, your first thought might be that you need to avoid prison. Prison isn't the only possible punishment there is for committing a crime. In fact, you could lose your right to own a firearm.

The Brady Handgun Violence Prevention Act restricts the people who can own a gun in America. You may not have a gun for business or personal use if you have done any of the following.

What is the Impaired Driver Care Management Program Requirement?

The police officer who pulled you over said that he smelled alcohol on your breath and that you were swerving in your lane. You had no idea. You thought you were completely sober.

Nevertheless, when you took the Breathalyzer test, your results showed that you had a blood alcohol content of .09 percent. This not a high level of alcohol in the system compared to other DWI accusations, but it's .08 percent or above. Therefore, you were too drunk to drive.

Shoplifting allegations could result in felony theft charges

You visited a store and tried on a designer suit or a necklace, then another. At some point, something else happened, distracting you from what you were doing. Eventually, you left the store, only to get stopped by law enforcement on your way home. A simple mistake with merchandise, if it's worth more than $1,000 could be considered felony theft in New Hampshire.

That could mean that you, as a consumer, end up facing serious felony criminal charges because you forgot you were wearing an item when you left the store. This is just one example of how people end up wrongly charged with a felony.

Homicides: Murder and manslaughter are different charges

When a person dies at the hands of another, the individual who is accused of the death might have to deal with the criminal justice system. This is a difficult prospect, however, having a basic understanding of the difference between murder and manslaughter may help as you work on a defense if you are facing criminal charges.

One of the first things that you have to understand is what homicide means in the criminal justice system. At the most basic level, a homicide is a death that wasn't due to natural causes. There are two types of homicides in the criminal justice system -- murder and manslaughter.

Don't let drug charges threaten your education

As a young college student or a young person looking forward to college, you should do everything you can to make sure that your education and future do not run off the rails if you make a simple mistake.

Of course, the reality of the matter is that many young people see their bright futures snuffed out because of drug charges. Many universities refuse to accept individuals with drug convictions on their records, while drug convictions during your time in college can lead to jail time that knocks you out of your studies -- often permanently.

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