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January 2017 Archives

Police deliver drug charges to 2 Burger King workers

New Hampshire has not liberalized its drug laws regarding marijuana despite the movement by many states to adopt and implement medical marijuana, and the actions of several other states to legalize pot for recreational use. While possession of marijuana is a misdemeanor, drug charges involving the intent to sell marijuana are charged as a felony, exposing the accused to up to three years in jail. The state did approve medical marijuana in 2013, but it still has not been implemented.

Drug charges in pot cases require new defense strategies

Some critics say that evolving societal values do not justify the government in New Hampshire and elsewhere from continuing to arrest and prosecute people suspected of growing marijuana on their residential properties. The argument is taking on increasing influence as more states are voting to legalize pot and to authorize the regulated use of medical marijuana. In that context, the argument may be at least partially relevant to the defense of a 47-year-old Portsmouth man who has been arrested by police on drug charges for allegedly growing 51 marijuana plants in the basement of his home.

Manslaughter charge may invoke several criminal defense issues

New Hampshire, like all other states, provides for various degrees of homicide in its criminal laws. The spectrum of charges and the severity of punishment depends generally on the degree of the defendant's criminal intent alleged by the government. These issues are also determined by how egregious, wanton and/or premeditated were the defendant's alleged actions. Criminal defense counsel looks at these factors while framing the most effective and aggressive defense or plea negotiation posture that can be asserted.

Woman is extradited to New Hampshire to face drug felonies

When an accused individual does not appear for a scheduled criminal court date in New Hampshire, he or she is considered a fugitive. Usually, a bench warrant or other court order is issued by the criminal court overseeing the prosecution, and law enforcement authorities will put the fugitive warrant and information into their system for tracking and finding fugitives. When the alleged offenses are for felonies, the matter is given more serious attention, and the hunt for the accused may take place on a nationwide level.

Criminal defense: Several charges filed against roof walker

Shortly before 3 a.m. on a recent Monday morning, police in Nashua received a call reporting that someone was moving about on the roof of a residence. When law enforcement arrived to investigate, they said the man sought refuge inside the house. After searching the premises, the man was located and arrested, and he is likely now considering his criminal defense options.

Theft and property crimes: Ex-employee of drug store arrested

When New Hampshire police make an arrest on theft charges, that individual may panic and say things that prosecutors can later use against the defendant in court. Nevertheless, an arrest is by no means a finding of guilt; rather, it represents the filing of formal charges. Allegations that the person was in possession of stolen items are just that -- allegations. A lot must happen before an accused individual can be convicted of theft and property crimes.

How drowsy driving leads to accidents

By now, most people are fully aware of the dangers of drunk driving. It is a lesser-known fact that driving under the influence of sleep-deprivation can result in many of the same symptoms, leading to an increased risk of accidents, causing as many as 100,000 per year. Drivers who are falling asleep at the wheel may not even notice that their level of tiredness is impairing the way they drive.

Premises liability can follow slip or trip and fall accidents

According to the law, property owners in New Hampshire must take responsibility for the safety of any property where the public is allowed. Such facilities must be reasonably safe and free of obvious hazards. If any known hazards exist, it must be repaired or removed, or else, property owners must post clearly visible warning signs. Failing to take due care can lead to premises liability lawsuits.

Employer must allow reporting for workers' compensation claim

Under New Hampshire and federal law, workers have an absolute right, and even a duty, to report every workplace accident and injury as they occur. An employer who does not cooperate in that reporting process may be exposed to tort litigation and to penalties from both state and federal authorities. An employer also cannot obstruct a worker from trying to collect lawfully available workers' compensation benefits without risking legal action and penalties.

A criminal defense may exist to vandalism charge against accused

Criminal mischief is a statutory criminal offense in New Hampshire. Under the common law and some state statutes it is also called vandalism. The offense can rise to the level of a felony if the value of the property damaged is high enough. There may be a criminal defense to the crime where the accused had a reasonable belief that he or she had a right to perform the actions.

Drug charges follows discovery of illegal apartment in warehouse

New Hampshire police recently received a report of a couple of women who were allegedly sleeping in a warehouse. When officers arrived at the building to investigate the allegations, they stumbled upon an illegally maintained apartment in the warehouse. While in the apartment, officers noticed some packaging materials and a plastic bag that appeared to contain methamphetamine -- leading to drug charges.

Premises liability claim expected after fatal train crash

Last September, a 34-year-old mother dropped her 2-year-old toddler at the day care before going to the station to commute to work by train. New Hampshire residents likely remember the tragedy that followed. This was in another state, and, as the young mother stood on the platform along with hundreds of commuters, the train crashed into the station. A premises liability lawsuit is reported to follow this incident.

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