Author Archives for Jonathan Cohen

Can you adopt an adult?

Can You Adopt an Adult?

July 27, 2018 5:43 pm Published by - Leave your thoughts

Adoption Generally In New Hampshire adoptions are governed by statute. When we think of adoption, we usually think of children being adopted, however adults may also wish to become adopted in certain circumstances. One example would be someone who was raised by someone who is not their biological parent and who wishes to formalize that relationship. You Cannot Have Too...




No Contact Orders As Part Of Restraining Orders And Bail Conditions

January 3, 2018 2:36 pm Published by - Leave your thoughts

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 against him. Attorney Gallant was...




A Case Concerning Pretrial Credit

December 4, 2017 2:21 pm Published by - Leave your thoughts

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 warrants that the police discovered...




How many DWI/DUIs do you see?

August 2, 2017 11:48 am Published by - Leave your thoughts

On August 1st, 2017 the New Hampshire Supreme Court issued an opinion reversing and vacating, in part, two convictions for aggravated driving while intoxicated (DWI) for James Fogg. Mr. Fogg was operating his vehicle in Concord while under the influence of drugs. He crashed into another vehicle causing serious bodily injury to both occupants. The State elected to charge him...






An update on proposed marijuana laws in the NH Senate

April 14, 2017 2:00 pm Published by - Leave your thoughts

Here is a quick update on marijuana legislation in New Hampshire. Tuesday there were a number of hearings in the Senate concerning proposed marijuana laws. The two most positive concern House Bills (HB) 157 and 160. HB 157 allows patients who suffer from moderate to severe chronic pain to qualify for a prescription for medical marijuana. This Bill passed 4-1...




When You Are Your Brother’s Keeper

January 13, 2017 10:26 am Published by - Leave your thoughts

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 639:3 says “a person is...




Who Gets What? An Overview Of Marital Property In NH

October 28, 2016 11:27 am Published by - Leave your thoughts

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 the Court exercised unsustainable discretion,...




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

October 14, 2016 2:07 pm Published by - Leave your thoughts

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 version of an implied consent...




Two Wrongs Sometimes Makes a Right

September 2, 2016 10:46 am Published by - Leave your thoughts

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 as voluntary sexual intercourse between...