Green & Utter, P.A.

Free over the phone consultations 603.413.4983

Main Navigation

Manchester Criminal Defense Law Blog

Drinking, Fake IDs Can Bring Charges For Minors

The new school year has arrived, and with it, eager college students with backpacks, laptops and big plans. But with New Hampshire winning the dubious title of one of the hardest-drinking state in the nation, undoubtedly many of these students will at some point find themselves at a party where they can easily access alcohol. Underage students in possession or intoxicated by alcohol could find themselves in trouble if police break up the party.

When the fun stops

New Hampshire Loosens Penalties For Marijuana Possession

New Hampshire has joined 21 other states in relaxing penalties for minor marijuana possession charges. Previous first-time penalties for possession of up to three quarters of an ounce included up to a year in jail and up to $2,000 in fines. In September, that will change: possession of up to three quarters of an ounce will be considered a civil violation instead of a misdemeanor, and will cost $100 for first and second charges for people over the age of 18. Third charges will result in up to $300 in fines. Those under the age of 18 in possession of up to three quarters of an ounce of marijuana will face a delinquency petition.

While the state will soon treat marijuana possession more leniently, it still doesn't allow recreational marijuana use. Marijuana use is, however, allowed in New Hampshire for medical purposes under the care of a doctor.

Don't Let A Prescription Drug Derail Your Education

The pressures of college can be intense. But if you deal with this pressure by buying Adderall or another stimulant from another student without a prescription, your problems could increase exponentially. This is doubly true if you sell your own prescription to other students.

Adderall, cocaine, meth

New Hampshire Set To Decriminalize Marijuana Possession

In a long-awaited, but nonetheless remarkable, advance, it appears that New Hampshire is on the cusp of decriminalizing the possession of marijuana.

As detailed earlier this month in the Concord Monitor, the state legislature passed the decriminalization measure on the 1 June; Governor Chris Sununu has indicated that he will sign it into law. When he does, New Hampshire will officially become the last state in New England to decriminalize the drug.

What Should You Do If You're Pulled Over For DUI?

In New Hampshire, driving while intoxicated is an offense that can attract tough penalties. The state laws prohibit driving under the influence of alcohol, controlled substances or a combination of the two. Intoxication resulting from excessive use of alcohol and drugs can impair judgment. Offenders charged with a DUI face penalties including loss of driver's license for a specified period, serving time in jail or hefty fines.

What to do when you are pulled over

Whether you have indulged in drugs and alcohol or not, you should pull over whenever directed to do so by a uniformed police officer. Be cooperative and polite to the officer - acting belligerently or defensive will not help your case and may earn you additional unnecessary penalties.

Exploring Bail Reform In New Hampshire

In New Hampshire, those without financial resources could spend weeks and months behind bars for a relatively minor charge like possession of marijuana. That's because getting out of jail before trial requires those who have been charged to pay bail. And according to a story by New Hampshire Public Radio, in some cases people are staying locked up for long periods of time over minor offenses because they can't afford to pay as little as $100.00 for bail. 

Bail is meant to serve as an inducement for those awaiting trial to come back for their court date, rather than fleeing to evade their charges. In the case of a more serious crime, bail may be set at an amount that the charged person has no hope of paying. This is meant to prevent a person who could be a danger to the community from doing additional damage before the court date. 

If you're charged with a crime, and you get out by paying your set bail, you get that money back when you return for your court date. But many people aren't getting that far, instead remaining in jail for the weeks and months it can take before their trial because they simply cannot afford to pay.

Impact Of Criminal Offense On Your Education

If you are a student, being charged with a criminal offense can impact your ability to continue your education. You may face a disciplinary process as well as criminal prosecution. Both can have a significant impact on your future. Depending on the nature of your criminal charges, certain convictions could potentially mean that you lose access to your student housing, or even face jail time, which would obviously keep you from going to class. As a consequence of some convictions, you could even be barred from setting foot on campus or from having contact with certain other people on campus.

If charged with a crime, you will in many cases be taken into police custody where the bail commissioner will initially determine the conditions of your release.

Do I Have To Go To Court For A Traffic Ticket?

If you were pulled over for speeding, running a stop sign or another traffic violation, the arresting officer will write you a ticket that will indicate whether you need to appear in court. If the ticket indicates that you don't need to appear in court, you would only need to go if you decided to contest your ticket. If you are not required to go to Court and you wish to contest your ticket, you must promptly send in your notice to the Court indicating that you are pleading not guilty. Contesting a ticket is not something that can be done online or by mail. If your ticket indicates that you are required to go to court, then you must go. Your court date could be months from your arrest, so it's important not to forget about your date.

In some courts, the first step in the process is the pretrial conference. This conference with the prosecutor is an opportunity to resolve the ticket without having to go before a judge. If you miss this conference, you will be found guilty and be responsible for the full amount of your traffic ticket. The same is true if you don't come to an agreement at the pretrial conference and then miss your court date.

Can You Keep Your License After A DUI/DWI Arrest?

Losing your license is a big deal.  Whereas you may have previously taken your ability to drive to work, to the store or to see friends and family for granted, if you lose your license after a DUI arrest, you will have to figure out alternative ways to get around.  This isn't always easy.

If you are arrested for DWI and either refuse an alcohol concentration test or test over the legal limit, you will be issued a temporary driving permit which expires in 30 days.  If you wish to keep your license, you must apply for an administrative hearing during this 30-day window.  It is very important that you contact a qualified DUI/DWI attorney as soon as possible as your right to appeal your license suspension ends at the 30-day mark.

Sexual Assault Happens On Campuses, Too

The phone call in the middle of the night pulls you out of a deep sleep.  It is your child telling you that someone at college is making an allegation of physical or sexual assault against him or her.

Unfortunately, this is a situation that occurs with increasing frequency. These young adults are on their own for the first time. They are often living in a "hook up" culture and may start relationships without a lot of caution or forethought. Furthermore, parents who may be far away may not be able to offer much day-to-day guidance or support. 

Initial Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Green & Utter, P.A.
764 Chestnut Street
Manchester, NH 03104

Phone: 603-413-4983
Fax: 603-669-9330
Map & Directions

  • Super Lawyers
  • New Hamsphire Association of Criminal Defense Lawyers
  • National Association of Criminal Defense Lawyers