201804.14
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Medical Bills After a Car Accident

Many people wonder how to pay for medical bills after a car accident. Should it be health insurance, car insurance, or the other driver’s insurance? Or should you just wait until the other driver’s insurance company finally pays before paying the medical bills? These are complicated questions and the right answer can vary by case….

201803.14
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Opinion Testimony is Very Limited

People often ask, what evidence is allowed in court? Witnesses can generally testify about what they personally saw or heard. When it comes to their opinions, however, the rules are very strict. A recent New Hampshire Supreme Court decision illustrates this point well. Mother as a Witness The prosecutor charged the defendant, Richard Waite, with…

201803.06
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Immigrants Facing Removal Can be Detained Indefinitely

Major Immigration Ruling The U.S. Supreme Court ruled last week that immigrants who are waiting to be removed from the country can be held indefinitely without a bail hearing. ICE usually holds immigrants facing removal in an immigration detention facility, which is like a jail. The people in these jails may have come to the…

201801.14
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Child Support When There is Equal Custody

Child Support Guidelines Heath Gosselin filed to reduce the child support to his ex-wife, Kathryn Page. In child support cases, the first thing the Judge always has to do is calculate the “guidelines“. Using the income of both parents, and tables provided by law, the Judge figures out the guidelines number. The Judge should start…

201801.03
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No Contact Orders As Part Of Restraining Orders And Bail Conditions

ATTORNEY CRIMINALLY CHARGED In the opinion of Gallant’s Case, issued December 29, 2017, the New Hampshire Supreme Court upheld the suspension of Attorney John F. Gallant from the practice of law. The case demonstrates the intersection between family law and criminal law. Attorney Gallant represented his former law partner whose ex-girlfriend obtained a restraining order…

201712.15
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DMV Decision to Require an Ignition Interlock Device

Patrick Roland pled guilty to DWI. Although he had a prior DWI on his record, the plea bargain changed it to a “first” offense. This is a common plea bargain in DWI cases. From the prosecutor’s perspective it avoids the time and expense in taking the case to trial. The prosecutor also eliminates the risk…

201712.04
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A Case Concerning Pretrial Credit

Pretrial Credit Case In the recently issued opinion of State v Theo Bosa the New Hampshire Supreme Court had occasion to clarify how pretrial credit should be calculated when a defendant has charges pending in different courts. Theo Bosa was charged with a felony level assault of his girlfriend in Superior Court. He also had…

201711.14
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When One Spouse Dies in the Middle of a Divorce

Dying For a Divorce Arthur and Patricia Sweatt were going through a divorce after 36 years of marriage. Sadly, Patricia was also terminally ill. In the middle of their divorce, she filed a motion to “bifurcate” the proceedings. What this means in plain English is that she wanted to have the divorce made final while…

201710.15
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Witnesses in a Foreign Country

Three Hung Juries One of New Hampshire’s most convoluted murder cases is going forward. Back in 1988 the police charged Anthony Barnaby with stabbing two women to death. Prosecutors tried Barnaby three times in 1989 and 1990. Each of those trials, however, ended in a hung jury. This means at least one juror did not…

201709.14
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Bad Fences Make Bad Neighbors

We here at Cohen & Winters don’t practice land law.  A recent New Hampshire Supreme Court decision, however, provides an interesting look at how you can lose your property rights if you aren’t careful. Trouble in Paradise The McKay family has had property in Hampton, near the beach, since 1963. In 1993 they put up…

201708.16
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Alimony is Unpredictable

“Got those alimony blues And I sure got to pay some dues” -T. Bone Walker, 1975 Long-Term Marriage In 2014, after over thirty years of marriage, Leslie and Harry Dow divorced. For most of the marriage Leslie worked at a preschool earning up to $21 per hour.  In 2010, however, she and her husband agreed…