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Criminal Defense Archives

Criminal defense topics: The problem with DWI checkpoints

Ordinarily, arbitrary roadblocks violate the Fourth Amendment rights under the U.S. Constitution. This applies to people here in New Hampshire and those across the country. However, the U.S. Supreme Court carved out an exception for DUI or DWI checkpoints based on the need to preserve public safety. The problem that criminal defense attorneys see, however, is that people who are not accused of those crimes could be arrested as well.

Alleged flasher may have criminal defense to assault charges

New Hampshire law may at least partially recognize the difference between a true sexual predator and a person who suffers from a mental illness that creates uncontrollable public behavior. Generally, flashers do their thing in public; they may shock the victim, but they rarely inflict true or lasting harm on anyone.  However, due to the uncontrollable urges, a flasher may develop a long record of violations, and he may tend to forego a criminal defense to the charges in many instances.

A criminal defense may be viable for accused former principal

Elderly persons in New Hampshire and elsewhere can commonly become embroiled in fighting the demons of depression and depressive disorder. It may happen to a distinguished public servant or to a homeless person with an affliction of chronic depression. Recently, police in Windham responded to a woman who called to say that her husband was depressed. Before police left the residence, they had arrested the man, who must now determine whether he has a criminal defense to the charges.  

Insanity may be a criminal defense when accused attempts suicide

Domestic situations in New Hampshire and elsewhere are sometimes so volatile that they can result in danger to the participants and to the police who are investigating a disturbance. This type of situation occurred recently in Nashua when police were called to a residence to assist the caller in removing items from that address. The resident of the premises, however, would not let police into the home. The problem escalated into a criminal defense matter when the woman displayed a gun and communicated her desire to kill herself.

Woman may need criminal defense for murder conspiracy charges

A tumultuous relationship and a series of questionable decisions has left a New Hampshire woman in need of legal counsel. The young woman is just 20 years of age, yet is facing serious criminal charges related to her connection with her boyfriend. She is charged with conspiracy to commit murder, as well as solicitation to contract for murder. As she moves forward with her criminal defense needs, she continues to interact with the man who is at the center of the alleged plot to kill another young woman.

Can a blood test produce the wrong results?

One question lawyers, scientists, and others who are involved in the legal system face is about the accuracy of various methods used to collect and analyze evidence. From DNA to blood tests, hair comparisons, and fingerprints, the various techniques used by police and forensic investigators are complex, and while they may be powerful, they are not error-free. No matter how well-refined these processes become, the fact is that no method of evidence collection and analysis can be infallible because there is always the possibility for human error in the process.

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.

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.

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.

Facts of robbery do not leave much room for criminal defense

The crime of robbery in New Hampshire and other jurisdictions is the taking away of property of another by using force or threats against the victim. It is a theft with the use of a weapon or other means of communicating threats or a show of force to intimidate the victim. The element of placing the victim in fear of imminent bodily harm is central to the idea of robbery under the law and the lack of that element could provide a viable criminal defense to the charges.

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