Last month, a limited legalization bill was passed in New Hampshire, allowing adults to possess up to three-quarters of an ounce of marijuana. The bill also permitted the cultivation of up to six marijuana plants, three of which could be mature. It would be legal to possess an amount of marijuana in excess of the allotted three quarters so long as it was stored with the plant that produced it. This bill, passed in a 207-139 vote, overturned the decision of a House committee that had recommended against its passage last November. The bill had since been amended and subsequently passed. A commission is still weighing the possibility of legalizing retail sales of the substance. The University of New Hampshire published four consecutive polls that showed at least 60% of state residents were in favor of legalization. Continue reading →
Negligent Driving also known as Jessica’s law in NH
Let it snow , let it snow, let it snow…….But don’t you dare drive with that snow on your car or truck or you could be facing a $1000 fine, a 30 day loss of License and a 6 point major moving violation conviction….all under a charge known as Negligent Driving. NH RSA 265-79-b, also known as “Jessica’s Law”, requires motorists to remove snow and ice from their vehicles. Failure to do so can result in some hefty penalties and consequences.
Jessica’s Law was passed into law by the New Hampshire legislature in 2001 ( subsequently amended in 2005) in response to the death of Jessica Smith, a 20 year old woman who was killed when snow and ice flew off the top of a large truck and hit a second truck, resulting in a head-on collision with Jessica’s car.
The Controversy of DWI Checkpoints
Sobriety checkpoints are the bane of many drivers. While a given checkpoint may result in a handful of DWI arrests, if any, it is largely regarded as a nuisance that takes time out of the evenings of sober, often embittered drivers. Debates have arisen over the legality of citizens forewarning each other about checkpoints, with the general consensus being that it is not illegal to post information about the location of a checkpoint or warn fellow drivers.
Your divorce is final; you’ve begun moving on with and rebuilding your life. To your chagrin, you come across some aspect of the newfound divorce settlement – financial, custodial, contractual, or what have you – that is not what you expected or is otherwise unsatisfactory. The conclusion of a divorce is not always the end of your legal entanglements with your ex-spouse. New issues can arise over time that was not immediately evident at the time you signed off on the divorce settlement. The divorce decree is not etched in stone. It can and often will be altered in some way after the divorce. Continue reading →
Divorce, criminal conduct and ethics intersect in a recent New Hampshire court case. Onetta Bobbet of Rye, NH has filed a federal lawsuit against the city of Portsmouth and two Portsmouth detectives. At the heart of the law suit are allegations that the two detectives improperly shared information on Bobbet’s phone with her ex-husband, with whom she was in the middle of a contentious divorce. She alleges that her ex-husband had close ties with the officers in question. After filing a credit card dispute with police, Bobbet herself was arrested on charges that were later dropped. In the course of the criminal investigation, which coincided with divorce proceedings, Bobbet’s phone was seized by police. Bobbet alleges that the policemen friendly with her ex-husband “funneled” sensitive information on her phone to him, to be used against her in the divorce. Continue reading →
A Merrimack, New Hampshire woman has been charged after lying to police about an alleged crime. Thirty-three year old Kristin Miller told officers that she was stabbed by an unknown assailant while at her mailbox last month. After police uncovered evidence that Miller’s story was fabricated, she was charged with a class A misdemeanor of giving a false report to law enforcement — the penalty for which is up to one year in jail. Miller’s stab wounds were reportedly self-inflicted.
Medical personnel, fire and law enforcement were called to Miller’s home after the January 27th incident, where she recounted how a man had attacked her. She later received treatment, including surgery, at St. Joseph Hospital while police searched for a now at-large assailant. In the course of the investigation, police stopped vehicles and k-9 units tracked footprints in the snow.
“The information [given by Miller] was later discovered by investigators to be false… based on evidence recovered by said investigators.” It is yet unclear how investigators came to the determination that Miller’s story was fabricated and what the evidence is that induced that determination. It is clear that an arrest warrant was issued, and Miller was arrested and subsequently released on $1,000 personal recognizance. Arraignment is scheduled for February 22, 2018.
A New Hampshire man on parole was recently arrested, charged with breaking into two businesses on Province Road in Laconia on Sunday. Police responded to a phone call reporting a burglary at one of the two locations, AKA Tools. The caller explained that the person in question fled while being confronted.
Laconia police teamed with units of the New Hampshire state police, Belmont police and Gilford police to track and ultimately detain the suspect, near NH Electric Motors just after 10pm. The man, who fit the description given to police by multple witnesses, was identified as William Lee, 39, of Concord. According to officers, Lee explained that his presence inside the buildings of the businesses was authorized, but admitted to taking keys and a credit card. According to police, items from AKA Tools were found at NH Electric Motors. Someone from NH Electric Motors told authorities that a toilet had been ripped from the wall causing significant water damage.
The New Hampshire court system has begun reassessing the sentences of so-called ‘juvenile lifers,’ those who have received life in prison without parole for crimes committed in adolescence. Many have contested the notion of condemning teens to life in prison. Research has shown their reasoning faculties are not on par with those of adults, and their pre-frontal cortex is not yet fully developed. This makes teens far more susceptible to acting on emotional impulse rather than reason. In 2012, the Supreme Court issued a ruling which made it unconstitutional to impose mandatory life sentencing without parole for juveniles, precisely because of their tendency towards recklessness and impulse.
For the eligible group of NH juvenile lifers, the first resentencing has been handed down to one Eduardo Lopez, Jr. Lopez is 43 and serving life in prison for the murder of a Nashua resident while on a robbery spree in 1991, when he was 17 years old. Per the ruling of Judge Larry Smukler, Lopez will now be eligible for parole when he is 62.
With the commotion of the holidays settling into a lull, a different kind of commotion grips the month of January. This month sees the highest rate of divorce filings all year. While it may not be as “merry” as the festivities of the month that preceded it, January and its tide of divorce paperwork may be tinged with another feeling – relief.
Often, those who are seriously weighing the possibility of divorce are those who already need one. The longer you stew in an unhappy marriage, the more of your own time you ultimately waste – time that could’ve been spent pursuing passions and people that make you feel refreshed and revitalized. It’s not written anywhere that you must consign yourself to the misery a dead-end marriage. If you are considering getting a divorce in a New Hampshire, immediately contact the attorneys at Tenn And Tenn, P.A. Not only will we protect your rightfully owned assets and guide you through the terrain of divorce, but we will do so with honesty and professionalism, treating all sensitive matters with the utmost discretion.
Why Does January Have the Highest Divorce Rate
New Hampshire is taking steps toward reforming certain aspects of its criminal justice system. Victims’ rights advocates are spearheading these efforts, although the changes stand to have an equal and opposite effect on the accused/convicted. According to the Concord Monitor,”New Hampshire is one of 15 states that does not extend enumerated rights to victims of crime.” There is an implication that lawmakers were more concerned with putting provisions in place to protect criminal defendants, while failing to provide alleged crime victims with ‘parallel’ rights, if you will. As the movement gains traction, the chief concern of criminal defense advocates is that the new victim-serving provisions do not in turn infringe on the rights of criminal defendants. Continue reading →