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August 2016 Archives

Weak eyewitness testimony calls for strong criminal defense

In New Hampshire and elsewhere, eyewitness identification is often an important piece of the prosecution's case against an unknown perpetrator who may have been observed only fleetingly by onlookers. Such evidence is subject to being attacked strongly in some cases. An experienced criminal defense counsel can sometimes quite effectively succeed in having the witness agree that he or she had a poor vantage point for seeing and recollecting the perpetrator's body and/or face.

Drug charges against nurse are dropped by state attorney general

When a jury is deadlocked and cannot decide on the defendant's guilt or innocence, the government must decide whether to bring the charges again. Where the jury also acquitted the defendant on several charges in the same trial, that may be some indication of an all-around weak case on the prosecution's part. These are the general facts surrounding the decision of the New Hampshire Attorney General's office to drop the remaining drug charges against a formerly licensed nurse who was arrested for allegedly diverting drugs from Concord Hospital.

Aggravated drunk driving charge means enhanced penalties

Driving while intoxicated can lead to serious penalties. However, in New Hampshire, aggravated DWI is a drunk driving charge with enhanced penalties. There are several different circumstances that may warrant a charge of aggravated DWI, including driving more than 30 mph over the speed limit, causing a collision resulting in serious bodily injury, fleeing from the police, or carrying a passenger under the age of 16. It is also aggravated DWI to be driving with a blood alcohol level of .16 or more.

Car accidents on I-93: Latest tragedy includes 1 dead, 2 injured

New Hampshire, like everywhere else, suffers the economic and emotional devastation of catastrophic accidents on a daily basis. All kinds of people from this state and elsewhere are involved in car accidents resulting in serious injury or worse. Even those who protect our security sometimes make a mistake and cause a serious mishap that will never be forgotten.

Naked home invader may prevail with criminal defense of insanity

When a criminal perpetrator inexplicably places himself in a decidedly outnumbered and inferior position physically, considerations of insanity, drunkenness and drugs are generally the main culprits to consider. Criminal defense counsel will likely be looking at those factors in trying to frame a defense for a 19-year-old man who allegedly broke into a New Hampshire residence in Hampton and began fighting with the residents. He was also buck naked when he did it.

A criminal defense may emerge in arrest for alleged hit and run

The New Hampshire State Police have accused a 65-year-old man of causing an accident that resulted in injuries to the two occupants of the other vehicle. The police say that he left the accident scene and was arrested later on charges of reckless conduct and conduct after an accident. Based on the available facts, however, the existence of civil negligence does not preclude a potential criminal defense to the charges.

Drowsy driving mimics drunk driving: Study finds

A new study released by the Governors Highway Safety Association reports that drowsy driving mimics the same dangers as drunk driving. According to the study, driving without getting sleep for 21 hours straight is the same as driving with a blood alcohol concentration of 0.08 percent. That is the legal limit in every state in the country. Driving after a full day without sleep is the equivalent of 0.10 percent blood alcohol content, well over the legal limit.

Artist who painted bridge may have criminal defense to charges

When a person commits a crime that has free speech and political overtones, it can become a matter of controversial public debate in New Hampshire and elsewhere. That may be happening with respect to the recent arrest of a female street artist by the Rochester Police Department. The controversial undertones of the case may also impact on the strategy that the woman's criminal defense attorney will choose going forward.

Workers' Compensation pays for work-related injury or death

Most New Hampshire workers who are injured or killed on the job are entitled to be compensated for their losses. The employer, by law, must have such insurance to cover benefits to employees who suffer injury or death while performing their job duties. Workers' compensation generally covers a percentage of a disabled worker's lost wages and pays his or her medical expenses, including expenses for rehabilitation therapy.

Drivers causing car accidents are liable to injured victims

In New Hampshire, injury and death claims from auto accidents are handled generally the same way as in all other states. Liability for injuries to innocent victims is based on negligence. When an injured party or the estate of a deceased party makes a claim for compensation resulting from car accidents, they will notify the responsible party through their attorney and ask him or her to turn the letter over to their liability insurance carrier.

Criminal defense of self-defense can protect suspect from arrest

The New Hampshire State Police and the Derry Police Department seem to be doing what they are supposed to do when they investigate some shooting deaths. They are taking their time and making a thorough investigation before they charge anyone in the June 20 death of a 17-year-old male on a quiet street in Derry.  It is unclear at this point whether the shooter will have to present a criminal defense to formal charges.

Man charged with felonies allegedly committed in State House

The cause of criminal law enforcement has been enhanced considerably in recent years by the expansion of video coverage to a wide expanse of locations not covered in the past. Many perpetrators have been surprised to find that the secretive crimes they committed were actually done under the light of a camera lens. That factor appears to be important in the recent arrest of a man for the alleged felonies of burglary and criminal mischief at the New Hampshire State House on July 16.

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