Articles Posted in Criminal Defense

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Two people in Manchester are facing serious criminal charges after police searched their home and found large amounts of drugs and cash. While the details are sketchy at this point, the search seems to have been initiated after the couple’s 2-year-old son was hospitalized after being found unresponsive on their couch.search-300x109

The incident highlights how quickly police can invade your right to privacy.

Couple Faces Drug Charges

The terrible situation began on Friday, May 25, 2018, when the parents of a 2-year-old child found him unresponsive on a couch in their Manchester, New Hampshire home. They rushed the boy to the Catholic Medical Center, where they told the staff that the child might have eaten dry wall from a small plastic bag in their home.

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Students who are newly graduated from schools and universities in New Hampshire and who are intent on continuing their studies in graduate schools can face additional obstacles in their future if they have a criminal conviction on their record. Even if this blemish was not serious, and even if it happened years ago, it can impact your ability to gain admission into the graduate program of your dreams. Even if you do get in, a criminal background can prevent you from getting the financial aid that you need.criminalrecord-1

These are just one more example of the collateral consequences of a criminal conviction.

The Collateral Consequences of a Criminal Conviction

Contrary to popular belief, if you get convicted of a crime, the penalties that you will face go beyond just the fines, jail time, and probation that the state will put you through. Once those are all finished, there are still the informal penalties and the social stigmas that individual people and companies will impose on you.

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Getting convicted of a crime is not a small matter because it typically leads to fines, probation, and even jail time. However, not everyone is aware that there are also collateral consequences of a criminal conviction—those that are not doled out by the state of New Hampshire but rather by private individuals and companies.criminalrecord2-c-300x200

One of these collateral consequences is on the housing front. Many landlords frown upon prospective tenants who have a criminal background, making it more difficult for people with a past conviction to live where they want to live. For recent graduates in New Hampshire, this can be a surprising problem to have.

Primary and Collateral Consequences of a Criminal Conviction

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A Massachusetts man has been arrested and charged with violating New Hampshire’s laws dealing with identity fraud. The incident highlights how the vagueness of identity fraud laws allows prosecutors to go after innovative techniques, but can also put innocent people into serious trouble.idtheft-300x133

Local Man Arrested and Charged With Identity Fraud

Last month, 39-year-old Maxherve Fleurme was arrested at Boston’s Logan Airport as he tried leaving the U.S. for Haiti. He was extradited to New Hampshire last week and was arraigned in the Derry District Court.

Mr. Fleurme is charged with identity fraud after, according to police, he stole enough personal information from several Londonderry residents to order debit cards in their names. He would then monitor the residents’ mailboxes and take the debit card out when it was delivered. Police said he then used these new debit cards at ATM machines to steal over $4,800 in cash. Continue reading →

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A New Hampshire state representative is being accused of committing two counts of welfare fraud. Each count is a felony offense that can lead to years in jail if the lawmaker is convicted.

State Representative Accused of Welfare Fraud

State Representative John Manning, who has represented the town of Salem in the New Hampshire House of Representatives since 2010, has been indicted on two counts of welfare fraud. While the 65-year-old Manning has not yet been arrested, he is scheduled to be arraigned for the accusations on April 13. welfarefraudnload-1

The accusations are serious. They claim that Mr. Manning made false statements that allowed him to collect welfare checks over the course of several years.

They claim that, in one instance, Mr. Manning claimed that his niece was living with him. This allowed Mr. Manning to receive $12,640.50 in welfare funds, including Food Stamps, between March 2013 and September 2014. In another instance, Mr. Manning is claimed to have collected $714 in welfare checks by failing to report to the Department of Health and Human Services that his son had gotten a job—an employment change that, if reported, would have lowered Mr. Manning’s welfare entitlement.

Criminal Charges are Not Criminal Convictions

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The state of New Hampshire is finally eyeing a change to its bail system, which has long been stacked against poor people. The judicial system is taking a look at the 3DaysCount campaign, which aims at reducing the number of people being held in pretrial detention simply because they cannot afford the cost of posting bail. If adopted, the change could work wonders for the world of criminal defense.Bail-Project-300x225

The Problem of Bail

If you get arrested for a relatively serious crime, you’ll be held in jail as a guarantee that you will be there for your arraignment. At the arraignment, though, the judge will “set bail”: He or she will look at a handful of factors – including the seriousness of your crime and the perceived likelihood that you will try to disappear before trial – and decide how much money you will have to post in order to get out of jail until trial. If you then fail to show up at a court hearing, that bail money will be forfeited to court. If you make it through trial without an absence, it will be returned to you.

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Spring break has always been the time to unwind after a difficult semester with your friends. However, it is easy to let “unwinding” turn into “acting irresponsibly,” and even easier for “acting irresponsibly” to slide into “being dangerous.”

So, if you are going to try missing New Hampshire’s twelve winter storms in March by spending spring break in the south, keep these common dangers in mind as you enjoy your time off.Spring-Break-2018-300x172

Driving Under the Influence

Driving under the influence (DUI) is not just a serious crime in the United States; other countries take it very seriously as well. In fact, the U.S. is often considered one of the more lenient countries in the world when it comes to drunk driving.

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On a map of the United States that marks in red the states in which the death penalty is legal, New Hampshire appears as though a solitary island of red amid a sea of blue (indicating non-death penalty states.) The Granite State is one of just 19 states (and the only state northeast of West Virginia) to employ the death penalty. At present just one person sits on death row in New Hampshire, a man by the name of Michael Addison, who was sentenced after killing a police officer in 2008. There is no execution facility in the state. Despite having been on the books for decades, no one has been executed in the state since 1939. deathpenalty38-300x169

A 2008 poll in the Monitor found that at least 57% of those polled were in support of the death penalty. Thirty-nine percent were in favor of life imprisonment without parole while 4% remained uncertain. Despite being little more than a theoretical deterrent than an actual, frequently sentenced penalty, New Hampshire lawmakers are trying once again to repeal the death penalty in the state. The repeal may prove more symbolic as its tangible results will be largely imperceptible to the public – the one man who currently awaits execution would still be executed even if it is repealed. At the very least, it may engender at least some peace of mind for those accused of crimes in New Hampshire and who are currently eligible for the death penalty.

Two previous efforts to repeal the penalty have failed with a tied Senate vote each time.“On average, it costs about $5 million to do a total death penalty appeals process and all the stuff that goes with it,” said Representative Bob Giuda, a sponsor of the bill. “That’s one significant reason.” Senate Bill 593 appears it will make it through the Senate this time; it has the support of 13 out of 24 senators.

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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.Marijuana-PotPenalties-300x197 Continue reading →

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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.Snow-on-Their-Cars-004-300x217

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.