When Is a Prosecutor Required to Gather Evidence?

Prosecutor Not Required to Gather Evidence for the Defendant

September 15, 2016 by

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 the defendant he would turn...

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Two Wrongs Sometimes Makes a Right

September 2, 2016 by

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...

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

August 14, 2016 by

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).  This is the organization tightly...

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They Didn’t Read Me My Rights!

August 2, 2016 by

One of the complaints we hear most frequently from criminal clients is that the arresting officer didn’t read the client his rights. What does this mean and why does it matter? Generally speaking a citizen has a right against self-incrimination. This is protected by the Fifth Amendment to the United States Constitution and Part I, Article 15 of the NH...

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Double Jeopardy and Puerto Rico

July 14, 2016 by

Most people are familiar with the concept of double jeopardy, which means that a person can’t be tried twice for the same offense.  What many people don’t realize, however, is that double jeopardy does not apply to separate prosecutions from two different, sovereign jurisdictions. For example, in the case of Heath v. Alabama, a husband hired a hit man to kill his wife....

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When can you petition to annul a conviction in NH?

June 30, 2016 by

RSA 651:5 sets forth the requirements for a petition to annul a prior conviction. Generally speaking one can petition for annulment of a class A felony 10 years after the end of their sentence, for a class B felony the waiting period is 5 years and for a class A, or B misdemeanor it is 3 years. If a sentence...

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You Must Know Your License is Suspended to Be Guilty of Driving After Revocation

June 15, 2016 by

Arthur Kardonsky was charged with a misdemeanor offense for driving after his motor vehicle registration was suspended, and a violation level offense for driving after his driver’s license was suspended. At the trial, Mr. Kardonsky testified that he had problems getting his mail and did not recall getting notice from DMV that his license was suspended. The Judge found this...

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Protection for Out of State Medical Marijuana Patients

June 3, 2016 by

As of September of 2015 NH law provides limited protection for medical marijuana patients who are not NH residents, but travel through, or to New Hampshire. RSA 126-X:2 prohibits the arrest and prosecution of “qualifying patients” who possess two ounces or less of useable cannabis. To be a “qualifying patient” a person must either be a New Hampshire resident who...

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Incarceration is Not Voluntary Underemployment

May 9, 2016 by

Under NH Law a child support order can be modified when a petition is filed three (3) years or more after the issuance of the order, or if there is a substantial change in circumstances that warrants modification of the order. In the latter circumstance a party can file anytime after the change of circumstance occurs. In the case of...

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Oklahoma Appellate Court Takes Heat for Dismissing Sodomy Case

April 29, 2016 by

An Oklahoma Appellate court is facing heavy criticism for its decision to uphold the dismissal of a “sodomy” prosecution. For example, see the articles in Salon and Mother Jones. The victim in the case was so intoxicated that she had be carried to the defendant’s car for a ride home.  While in the car and in and out of consciousness she performed oral sex...

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