Author Archives for Jonathan Cohen

Taxes only matter when definite

November 25, 2015 10:23 am Published by - Leave your thoughts

Generally speaking NH judges have broad discretion to determine the value of marital property in a divorce proceeding. In the matter of the divorce of Diana and John Wolters, the NH Supreme Court addressed the issue of when a judge can reduce the value of a property based on the future tax liability the parties may incur when the property...




You can now preregister for a therapeutic cannabis card!

November 4, 2015 3:40 pm Published by - Leave your thoughts

The NH Department of Health and Human Services has allowed patients to submit applications to be pre-qualified for a Registry Identification Card that will allow the patient to obtain Therapeutic Cannabis. The cards will not be issued until cannabis dispensaries have opened which will likely be some time in 2016. Currently there are dispensaries planned for Merrimack, Plymouth, Dover and...




Bluetooth only cell phone use in NH as of July 1!

June 26, 2015 3:08 pm Published by - Leave your thoughts

As of July 1, 2015 it shall be a violation to use a cell phone while driving unless it is Bluetooth enabled, or a hands-free device that is integrated into the vehicle. RSA 265:79-c provides very few exceptions to this prohibition: (1) if the person is behind the wheel and the vehicle is pulled to the side of, or off...




Police dog sniff of car ruled illegal

April 24, 2015 2:38 pm Published by - Leave your thoughts

The United States Supreme Court recently curtailed a police officer’s right to extend a routine traffic stop for a K-9 sniff for drugs in Rodriguez v United States. Mr. Rodriguez and his passenger were stopped by a Nebraska police officer at around midnight for briefly traveling in the breakdown lane. The officer stopped the vehicle and took Rodriguez’s license and...




Facebook Post can Land You in Jail

A Facebook post can land you in jail!

February 27, 2015 3:25 pm Published by - Leave your thoughts

State v Craig is an interesting case that gives some insight into how New Hampshire courts will view posts on social media, such as Facebook, that are directed to someone who has a restraining order against the person making the post. The case centers around a waitress who got a restraining order against Craig, a man who started coming into...




Illegal search of a pill bottle

January 30, 2015 4:55 pm Published by - Leave your thoughts

In State v. Broadus, the NH Supreme Court reversed and remanded two felony-level possession of drug convictions because the search was illegal. Ms. Broadus was the passenger in a car that was stopped by a state trooper on Route 101 because he saw the driver throw a lit cigarette out the window. Once the car was stopped the trooper had...




Which household members are covered by your homeowner’s insurance?

December 22, 2014 12:47 pm Published by - Leave your thoughts

In the case of Susan R. White v Vermont Mutual Insurance Company, the NH Supreme Court had occasion to comment on when an adult child could be considered a household resident entitling coverage under the parent’s insurance policy. Susan White held a homeowner’s insurance policy from Vermont Mutual. Ms. White owned a home in Moultonborough and a home in Florida....




An inmate can now earn up to 13 months off his prison sentence.

October 7, 2014 1:46 pm Published by - Leave your thoughts

Pursuant to a recently enacted New Hampshire law, RSA 651-A:22-a, inmates may obtain a reduction of their prison sentence of up to 13 months. Inmates must be both eligible and suitable to receive a reduction. An inmate sentenced on or after September 10, 2014 must be granted the option of having his/her sentence reduced by the sentencing judge at the...




Hiring your own lawyer does not prevent you from getting Court funds for your defense

July 25, 2014 1:48 pm Published by - Leave your thoughts

In the case of State v Brouillette the New Hampshire Supreme Court held that hiring a lawyer does not prevent an indigent defendant from obtaining State funds that are necessary to prepare her defense. Heidi Brouillette was charged with burglary, second degree assault and criminal mischief. She was indigent and initially requested court appointed counsel so a public defender was...




Prosecutors must bring all the charges they can

June 23, 2014 8:56 am Published by - Leave your thoughts

In the recently decided case of State v Locke the New Hampshire Supreme Court reversed Jamie Locke’s second-degree assault conviction. This case is significant because, for the first time, the Court adopted what’s known as a compulsory joinder rule for New Hampshire prosecutors.  This means that a prosecutor must bring all the charges he or she is going to bring...