201702.14
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Concertgoer Can Sue the Police for Wrongful Arrest

Arrested Trying to Get Into a Country Concert A Massachusetts concertgoer will be able to sue the police after they arrested him not for committing a crime, but merely for  being intoxicated. In the summer of 2014, Mr. Peter Alfano and two friends planned to see a Jason Aldean concert at the Xfinity Center.  On the…

201701.13
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When You Are Your Brother’s Keeper

A recent New Hampshire Supreme Court opinion is applicable to criminal, juvenile and family law. In the case of In RE N.K., a sixteen year old juvenile, N.K., was found delinquent for endangering the welfare of his four year old brother. Under New Hampshire law endangering the welfare of a minor is a crime. RSA…

201701.02
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When Must Divorced Parents Pay for College?

Jeffrey and Paula Oligny had two children and were divorced in 2003.  Under their divorce they were to “equally contribute” to college expenses only after the children “exhausted all forms of scholarships, loans, grants, etc.” When it came time for college both children were able to obtain some financial assistance but not enough to cover…

201612.15
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Lawsuit Alleging Police Retaliation To Go Forward

The Eleventh Circuit Court of Appeals has allowed a civil rights lawsuit to go forward against an officer of the Douglasville, South Carolina Police Department.  According to a complaint filed by Officer Derrick Bailey, he was hired by the department in 2010.  Bailey had seventeen years of prior experience in law enforcement, He received positive performance reviews through…

201612.04
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Parenting Rights After Abuse of the Child

A recent New Hampshire Supreme Court case dealt with when a Court can terminate parental rights after the parent is convicted of child abuse.  The mother of a very young child was found guilty by a jury of abuse. She was sentenced to 10 to 20 years in prison with three of those years suspended….

201610.28
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Who Gets What? An Overview Of Marital Property In NH

One of the most contested issues in any divorce aside from issues related to minor children is the division of marital property. In New Hampshire the Court has broad discretion to determine property distribution. Generally speaking it is an uphill battle to attempt to challenge the Court’s decision on appeal and requires a showing that…

201610.14
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What Happens If I Refuse To Blow, Or If I Blow Over?

One of the most common questions people ask us is, “what happens if I refuse to blow when a police officer who is investigating a possible DWI asks me?” The short answer is, you will likely lose your privilege to drive regardless of the outcome of the DWI charge in Court. Every State has some…

201610.04
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Sentenced to No Contact with Your Child?

In 2012 Christopher Long kidnapped the victim, who was pregnant at the time and soon thereafter gave birth to their child.  Mr. Long pled guilty and was sentenced to years in prison.  He also received several suspended prison sentences.  A suspended sentence means that the defendant is given a prison sentence but will not have to…

201609.15
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Prosecutor Not Required to Gather Evidence for the Defendant

Michael Lewandowski is charged with aggravated felonious sexual assault.  Before his trial, the judge issued an order that the prosecutor’s office must obtain and preserve all of the victim’s cell phone records, and then deliver those records to the judge for a private review. If the judge determined that any of these records were helpful to…

201609.02
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Two Wrongs Sometimes Makes a Right

Under NH law an innocent party may request a divorce decree based on the fault of another party for certain enumerated causes. If a fault based divorce is granted it can result in a distribution of assets that favors the innocent spouse. The most common cause of a fault divorce is adultery that is defined…

201608.14
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Federal Court Reverses Child Porn Conviction After Illegal Search of AOL Account

The defendant, Walter Ackerman, sent an e-mail from his AOL account.  Turns out, AOL has an automatic file detection program that searches attachments to see if they are suspicious for child pornography. This program tagged Ackerman’s e-mail and automatically sent a report including the e-mail and its attachments to the National Center for Missing and Exploited Children (NCMEC)….