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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Prenuptial Agreements Must Satisfy Court Approval to be Upheld

February 15, 2016 by

The New Hampshire Supreme Court reversed a trial court’s decision that a prenuptial agreement was invalid, holding that the prenuptial agreement should be enforced.  The case at issue was In Re: Marianna Nizhnikov and Alexander Nizhnikov (January 26, 1016). At its core, a prenuptial agreement is a contract and is analyzed accordingly.  However, because of their nature, prenuptial agreements get greater scrutiny...

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Cinderella LIcense

NH “Cinderella” License

January 8, 2016 by

A new law that took effect on January 1st now allows, for the first time in New Hampshire, a conditional license for those under suspension for a first offense Driving Under the Influence conviction. Every state has its own rules about DWI or DUI (it can be referred to as either). If you have a DUI in NH and want...

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Taxes only matter when definite

November 25, 2015 by

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...

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You can now preregister for a therapeutic cannabis card!

November 4, 2015 by

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...

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