New Hampshire Domestic Abuse Laws Proposed Changes
New Hampshire Domestic Abuse Laws Proposed Changes
Domestic abuse is a major issue not only in Exeter, Portsmouth and Manchester but in New Hampshire generally. It shatters families and creates a cycle of abuse that extends to abused children who are at high risk for abusing their spouses and children.
According to some studies, over 3 million children in the US are abused annually. Battered spouses and their children may seek protection in battered women shelters, having their spouses arrested for assault, and often breaking up families.
In New Hampshire, domestic violence includes the following offenses:
Assault
Sexual assault
Aggravated assault
Threats of violence
Stalking
Emotional abuse or intimidation
New Hampshire domestic violence laws include not only married couples, but extends to ex-spouses, siblings, cohabiting partners, and current or former intimate partners.
In New Hampshire, like most states, if you are the victim of domestic violence, you can seek an emergency protective order from the court that will prohibit the abusive partner or spouse from contacting you or entering your house or apartment. You can also have the perpetrator arrested if the police have evidence of abuse, such as observing injuries and the aftermath of a struggle.
However, this could all change if House Bills 1581 and 1608 pass in the New Hampshire legislature. Current law allows police who are summoned to a home where domestic violence has been reported to arrest the accused upon probable cause without a warrant if they observe signs of violence. This includes evidence of injury to a victim and signs of a struggle like damage to furniture or to the residence. Officers may also seize any firearms which may have been used or were threatened to be used by the accused.
This new law in New Hampshire would take away that discretion from law enforcement and would only permit an arrest if an officer directly witnessed abusive behavior taking place, or he or she must return with an arrest warrant. Although the law has been evidently designed to protect the rights of the accused, the situation could escalate if police must leave the scene to obtain a warrant without having an officer present at the household, leaving the victim at the mercy of the abuser.
The new legislation would also require a defendant under a restraining or protective order to violate it three times before being subject to arrest for violating the order. Presently, a single violation gives a judge discretion to order the violator arrested.
Law enforcement officials also fear that the new measures would not prohibit an accused domestic abuser from possessing firearms or from buying them.
Misdemeanor or Felony Charges
If you are accused of a domestic violence offense in New Hampshire, and depending on the severity of the circumstances, you can be charged with either a Class A or Class B misdemeanor, or a felony if serious injury resulted, or if you are accused of rape or other sexual misconduct.
Penalties for a Domestic Violence Conviction in NH
If you are convicted of domestic violence in areas such as Exeter, Portsmouth and Manchester or in New Hampshire generally, and your offense was a Class A misdemeanor, you face up to one year in jail, fines, probation, and probable participation in a domestic violence treatment program.
Class B misdemeanors do not include any prison time. This would include simple assault charges. You can still face fines and participation in a domestic violence program.
If your domestic violence conviction included a more severe charge such as a sexual offense, serious bodily injury, or assault using a firearm or other deadly weapon, you could face a Class A felony, which carries a possible imprisonment of more than 7 years and up to 15 years. If a sexual assault occurred or a homicide, the penalties increase up to life in prison.
A Class B felony imposes a possible imprisonment of more than one year but not more than 7 years. Probation can be up to five years.
Retain a New Hampshire Domestic Abuse Defense Attorney
Finding the proper New Hampshire domestic abuse defense lawyer is essential if you have been charged with domestic violence or abuse or with any associated criminal charges.
Regardless if there are significant changes to the domestic violence laws in NH pertaining to how and when law enforcement can arrest someone and when you can be charged, a domestic violence and abuse charge is a serious manner.
In some instances, a vindictive spouse or ex-partner may falsely accuse you of domestic violence to gain custody over children or for some other purpose. If you are arrested and charged with domestic violence and abuse, you need the services of Ryan Russman, one of New Hampshire’s premiere criminal defense attorneys.
A criminal conviction could result in the loss of your freedom as …
Information For Hiring a Criminal Lawyer
Information For Hiring a Criminal Lawyer
Are you in need of hiring a criminal lawyer in the state of California? Do you know what questions you should ask a potential criminal lawyer before you hire him/her? Where do you find the best lawyer to defend you? These are all very good and important questions you need to be asking if you are facing criminal charges in the state of California.
The first thing you will want to do when you are in need of a lawyer is remember your US Constitutional Rights. Under the US Constitution, the Fifth Amendment states “nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law”. What this means is that you have the right to remain silent. You should only talk to law enforcement agents after you have spoken to a qualified criminal lawyer. By remaining silent until you speak with a qualified lawyer, you will help ensure that your criminal lawyer will be able to effectively protect your rights as well as possibly being able to help in reducing your sentence or fine.
The second thing to consider when hiring a lawyer is where to find the best one for you. You may want to start by visiting the courthouse and watching some of the criminal lawyers in action. If any case is similar to yours, pay close attention to the results and determine if that outcome is suitable for you. You may also check with law associations and find out who are members of that association and practice criminal law in the jurisdiction your criminal charges are pending.
The third thing to consider when hiring a lawyer is meeting with several of them prior to hiring one. Finding a good criminal lawyer can be difficult, but by visiting a few lawyers and asking them questions, you will be able to make a much better decision on whom to hire to represent you in court. There are several things you need to take into consideration when hiring a lawyer, such as their experience in cases similar to yours, does this lawyer belong to any law associations, and does the lawyer practice in the jurisdiction where you charges are pending? Also, make sure to find out if the criminal lawyer offers free initial consultation.
Once you have decided on a couple potential lawyers, ask them questions to narrow your decision down to the right one for you case. Here are a few questions you should consider asking:
How long as the lawyer been practicing criminal law in the state of California?
Do any of the lawyer’s past clients have positives things to say about the lawyer?
Will the lawyer fight aggressively for you in regards to the criminal charges you are facing?
Does the lawyer charge a flat rate or does it vary based on the direction of the case (will there be additional charges if the case goes to trail)?
Does the lawyer have the time and staff needed to fully represent you in this criminal case?
Having to hire a criminal lawyer can be one of the most difficult decisions someone has to make. Without conducting some research on whom would provide the best legal representation for you could result in a less favorable outcome. However, by asking the questions mentioned above, you should be able to find a criminal lawyer that will represent you fully and aggressively in court.…
Areas and Fields of Law
Areas and Fields of Law
While entering higher education many students choose law as their area of study for graduation. There are several reasons for which people choose law as their area of study. Some of them become enthusiastic, some for earn as a lawyer and the rest of them give legal aid to the mass people.
Some information regarding the fields of law is shown below, especially which are performed by a lawyer:
Corporate Law:
The corporate lawyers help their clients to carry out their business relationships in a well organized and reliable mode with the law. The liability of a corporate lawyer takes account of making company contracts, rational property and examining the reasons of bankruptcy of any business or company.
Criminal Law:
Criminal Law takes account of crimes. Lawyers of criminal defense handle clients who are accused of crimes. Their common complements are the district attorneys and the prosecutors who signify the well being of the situation. The criminal lawyers are responsible to give legal protection to their accused clients and prove them as innocent. As well as they are accountable to make perfect inspections in order to rescue their clients from such criminal accusation.
Environmental Law:
The lawyers who deals with environmental law like the laws to protect the natural resources, laws of our surroundings and physical landscape, laws to save wild animals, etc. Environmental lawyers take effective actions against the companies or individuals who try to harm our natural environment.
Family Law:
Family law means the law which related with family matters, crimes and disputes and the lawyers are responsible to represent legal aids to their clients regarding family violence or disagreement. The lawyers who practice about family matters like divorce case or other legal matters are generally known as Family Lawyers.
Rational Law:
Rational property takes account of protecting the creator of rational works like creating programs, writing books, drawing pictures, creating new inventions, etc. These rational properties are covered under intellectual law. This law deals with responsibilities and rights of originators of intellectual property.…
Benefits of Hiring a Board Certified Criminal Lawyer
Benefits of Hiring a Board Certified Criminal Lawyer
Why should you choose to work with a Board Certified attorney? Board Certification is a mark of excellence and a distinguishing accomplishment that sets an attorney apart from his or her peers. Within the legal community in Texas, an attorney who is Board Certified is known for having substantial experience in a select field of the law, as well as demonstrated, proven and special competence in that area.
When attorneys choose to go through the process of Board Certification, they must have already been in practice for five years with a minimum of three years’ experience in the specialty area of law. The Board Certification process is rigorous and extremely thorough. Attorneys must also furnish at least 10 qualified, vetted references and provide extensive and relevant experience and documentation. Additionally, an attorney must also pass a comprehensive specialty area examination that lasts an entire day.
Many people do not realize that Board Certification is not only a one-time event. Rather, it requires ongoing involvement in the specialty area and periodic references from peers in that field of law as well. It also requires continuing legal education course work and annual professional refreshment in order to keep up with current changes and trends in the legal world.
There are 21 select areas of law in which an attorney can become Board Certified, including civil trial, bankruptcy, criminal, immigration, tax, real estate, family, criminal appellate, estate planning and more. The Texas Board of Legal Specialization (TBLS) is the only organization in Texas authorized to provide the certification service, and the TBLS operates under the continuing jurisdiction of the Supreme Court of Texas. Paralegals can also receive certification by completing a process that closely parallels the attorney certification process. More than 300 paralegals in Texas have distinguished themselves with board certification so far.
In 2012, the TBLS created a new certification for the specialty area of law involving criminal appeals, and 84 Board Certified attorneys were recently welcomed as the first group of specialists in Criminal Appellate law. This certification is available for Texas attorneys who have handled a sufficient number of post-conviction writs and appeals in criminal cases, and the other requirements are similar to those in other specialty areas. To learn why you should consider hiring a Board Certified attorney if you have been accused of a crime, call a Board-Certified Houston criminal defense lawyer at The Law Offices of Ned Barnett today.…
Three Primary Reasons To Hire A DUI Defense Attorney
Three Primary Reasons To Hire A DUI Defense Attorney
Driving under the influence (most commonly known as DUI) is the act of driving a vehicle after the consumption of drugs or alcohol above the legal limit. To make sure whether a driver is actually under the influence of alcohol, policemen use a device to check the breath of the person driving the vehicle. This process is known as the breathalyzer test.
Sometimes the decision whether to take the breathalyzer test or not can be a tough ask. In order to deal with such cases (like drunken driving) the services of a DUI attorney is very much needed. There are three primary reasons why you should hire a good DUI defense lawyer. Here are the three points:
* Valuable in the long run: People often think twice before hiring a good DUI defense lawyer, simply because they are very costly. This complaint is quite high amongst numerous US citizens, including those residing in Denver, Applewood, and the surrounding areas. Many even think that getting a cheap lawyer to take up a case would not be a bad idea mainly because all the DUI defense attorneys are the same. A good lawyer would be able to get your jail term, fines or other charges cancelled. In other words a good DUI defense attorney will be quite beneficial in the long run.
1. Numerous errors during the arrest: It may be possible that numerous errors happened while you were getting arrested which may strengthen your case. A good DUI defense lawyer will be able to work with these mistakes and if possible exploit them. It may also be possible that the result of the test that you were made to take was not accurate. Most of the time the moment a police officer gets out of his car his dashboard camera gets activated. A good lawyer will be able to obtain these videos and if possible, counter the charges against you. Experienced defense attorneys will know how to question the evidences which are presented against you in court and also present witnesses to challenge the authenticity of the charges.
2. Experience counts: The more cases which a DUI defense attorney works upon, the more experience he gains. An experienced lawyer has a better chance of rescuing you from a horrible situation. Denver also falls in the category of those places in US where a good number of experienced and reputed defense lawyers are available.…
The Different Levels Of Petit Theft Shoplifting
The Different Levels Of Petit Theft Shoplifting
Shoplifting, also known as petit theft shoplifting, is defined as the crime of taking goods without any intention of paying for them. For years, this crime has gone without much prosecution, unless the items stolen were worth a significant amount of money. In recent years, however, with the economy in such turmoil, business owners have developed a new attitude towards theft, and want to make a lesson to the thieves whenever they can.
Why Has It Become So Serious?
With the economy not being what it should be and so many people out of work, the number of petit theft shoplifting crimes is skyrocketing. Add that to the fact that a lot of businesses are also suffering in terms of the economy, and it becomes no surprise that many owners are now more willing to prosecute for petty theft than they ever had been in the past. Even though, statistically, more incidents of shoplifting is being done by their own employees than by outsiders, business owners are trying to teach those that would steal a serious lesson, in hopes of deterring more crimes from occurring.
Misdemeanor Petty Theft
Shoplifting is considered to be a crime of opportunity, one borne out of economic need more than any other reason. Under criminal law, if the dollar value of an item taken in this fashion is less than $400, it is considered to be a misdemeanor, and can still be prosecuted. If found guilty, the person committing it could face up to six months in jail and levied fines for as much as $50 to upwards of a thousand, a serious punishment if the item stolen was, say, a three dollar package of baloney.
Grand Theft
Shoplifting can be easily escalated in the seriousness of the charge is the dollar value of the item stolen is more than $400. They can then be charged with grand theft, as a misdemeanor or a felony, depending on the circumstances, and the past criminal history of a defendant. In states that still carry the third strike law, this can easily turn very serious if the person charged has a history of such theft. This would mean that they are facing at minimum a year in jail, or more, in addition to fines that could be levied as well.
Infractions
Infractions concerning petit theft shoplifting occur when the dollar amount is less than $250, if the prosecution decides to go with that charge. This is usually applied only to items worth less than $50 and is judged on a case by case basis. Infractions carry fewer fines and the person charged might be able to get off with probation, again depending upon any past criminal history. For all of these charges, the best defense is a good lawyer, one who is adept at creating plausible defenses against the prosecution’s theory of intent.…
Common Driving Offences and Penalties
Common Driving Offences and Penalties
Driving offences have become very common these days. Every day, a person is caught accused of such offence. Penalties for such an offence can be severe.
Any person convicted for driving offence can face heavy penalties depending on the ruthlessness of the offence. In case he or she is a repeat offender, penalties can be much harsher. Some of the common penalties are monetary fines, disqualification from driving for life and in the most severe cases, imprisonment.
There are different types of driving offences. Some of the common ones are:
Speeding
Speeding is one of the common driving offences committed by drivers these days. Any person charged with speeding receives an immediate Fixed Penalty Notice by the Officer at the time of the offence. In case the motorist is either 50% or 30 mph+ above the limit, an immediate prohibition can be forced. Attending a speed awareness course is regarded as one of the best ways to resolve speeding allegations.
Careless driving
Driving without proper care and concentration is termed as careless driving. Maximum penalty for careless driving includes an instant driving ban.
Impaired driving
Drink driving has become one of the most serious offences these days. Driving under the influence of alcohol can have bad consequences on both driver and persons walking on the road as well. Individuals caught in such cases are required to give a breath test on the demand of police. If a police officer thinks that he or she has exceeded the limit, heavy penalties are imposed. For first offence, accused individuals gets 12 month mandatory disqualification, 3 years disqualification for second offence and fine of up to A�5,000.00 and 6 months imprisonment for third offence.
Individuals accused of any of such cases need support of a criminal defence attorney for a legal representation in the court of law. There are many lawyers helping accused individuals in this regard. One only needs to be careful before selecting one.
These are some of the common types of theft cases. Persons involved in these cases require support of a criminal defence lawyer for handling the case. In all these cases, accused individuals need to hire a criminal defence attorney for a high quality representation in the court of law. There are many criminal lawyers who are helping individuals in this regard. Fighting a criminal case like drug abuse is no cake walk and one needs to hire the service of only quality and highly experienced legal advisors and lawyers. A professional Criminal defence lawyer with years of experience and expertise in fighting criminal defence cases needs to be hired.…