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When Plea Bargaining Goes Wrong

When plea bargaining goes wrong.

May 6, 2013 by 4 Comments

Most everyone knows that plea bargaining is a regular part of our criminal justice system.  It’s been estimated that about 95% of all felony conviction nationwide come by plea bargain rather than a jury trial.   In fact, without plea bargaining the court dockets would be overwhelmed and the system would get bogged down. While on many occasions plea bargaining...

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Search warrant required for blood draw.

April 17, 2013 by Leave your thoughts

  On April 17, 2013 the U.S. Supreme Court issued the opinion of Missouri v McNeely and ruled that it violates the Fourth Amendment for a police officer to forcefully take a driver’s blood as part of a routine DWI investigation. Tyler McNeely was stopped for speeding and crossing the center line at about 2:00 AM. McNeely did poorly on field sobriety tests and...

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Improper cross-examination technique persists

April 2, 2013 by 1 Comment

One of the toughest decisions a defendant has to make is whether or not to testify.  Usually the first question a defendant will ask is — what is the prosecutor going to ask me about if I go on the stand? Over the past several years, the New Hampshire Supreme Court has been clear about what the prosecutor can’t ask...

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Return of Firearms

Return of firearms

March 16, 2013 by 3 Comments

When a court issues a restraining order in New Hampshire the restrained party cannot possess a firearm. This means if the restrained party owns firearms, he must relinquish them, most often to the police. RSA 173-B:5(X) states that when one has relinquished his firearm to the police, he may request the return of his firearm 15 days prior to the...

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