Wilson, Bush & Keefe, P.C.Nashua Criminal Law | New Hampshire Personal Injury Attorney2024-03-07T23:17:57Zhttps://www.wbdklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1600179/2020/08/cropped-favicon-wbk-32x32.jpgOn Behalf of Wilson, Bush & Keefe, P.C.https://www.wbdklaw.com/?p=469142024-03-07T23:17:57Z2024-03-07T23:17:57Zmore than 70% higher after a DWI conviction in New Hampshire. Finally, judges have the authority and often the legal obligation to suspend someone's driver's license because they failed a breast test, pleaded guilty to a DWI or refused a breath test after an officer arrested them.
How long could someone lose their driver's license for after a DWI conviction?
Suspensions can last for years
Factors including someone's blood alcohol concentration at the time of their arrest, the type of vehicle involved, whether the situation led to injuries and the prior record of the allegedly impaired driver can all influence what penalties a judge could impose when someone pleads guilty to a DWI charge.
In New Hampshire, the mandatory minimum license suspension is nine months for a first DWI conviction, although judges can reduce that license suspension period to 90 days in some cases. They could sentence someone to a two-year suspension in others. In some cases involving aggravating factors, such as excess speed or a minor passenger, the license suspension could last from between 18 months and two years.
Someone convicted of a second DWI within 10 years of the first faces more serious penalties. The minimum license suspension increases to three years. Someone accused of a felony DWI offense could face indefinite license suspension, although people can request reinstatement after seven years in some cases. Cases involving those who drive commercially for a living can involve more serious consequences for the driver, such as loss of their professional license.
Especially if someone is the primary wage earner for their family or needs to drive because of their employment, a DWI conviction could be a major setback. Learning more about the penalties that a New Hampshire criminal judge could hand down as part of a DWI sentence, including driver's license penalties, can help people to make informed decisions about responding to any impaired driving charges that they’re facing.]]>On Behalf of Wilson, Bush & Keefe, P.C.https://www.wbdklaw.com/?p=469132023-12-09T20:02:10Z2023-12-09T20:02:10Zhere are some tips to keep in mind.
Stay calm and visible
To start with, you always want to remain calm and be polite to the police officers, even if you think you’ve been pulled over for no reason. You also want to focus on visibility so that the police can clearly see your hands. Don’t get out of the vehicle unless the officer tells you to do so. Staying safe needs to be your first priority.
Think about every word
If you do talk to the police, be very careful about what you say. In some situations, it may be best not to say anything at all and to just use your right to remain silent. After all, police officers may ask leading questions to get you to incriminate yourself, such as asking if you know how fast you were going or if you have had anything to drink today. You do not have any obligation to answer these questions.
Don’t resist arrest
You may find yourself in a situation where the officer is going to arrest you and you believe that it is unfair, unjust or even illegal. Maybe the officer claims that you failed a field sobriety test and that you’re impaired, so they’re arresting you on drunk driving allegations. You know that you’re completely sober. This can be a frustrating situation, but the place to fight an arrest is not on the side of the road during a traffic stop. Resisting arrest will only make your situation worse. Instead, try to remain calm, stay silent and allow the process to play out.
If you are arrested, tell officers that you are invoking your right to remain silent and seek legal guidance immediately to safeguard your rights and interests moving forward.]]>On Behalf of Wilson, Bush & Keefe, P.C.https://www.wbdklaw.com/?p=469122023-09-07T14:06:11Z2023-09-07T14:06:11Zpossession with intent charges.
Certain types of paraphernalia and packaging can also make the state more suspicious of someone's true intentions when they get arrested in possession of controlled substances. While possession may be the most minor drug offense possible under New Hampshire laws, possession with the intent to distribute those drugs is a far more serious crime that could very well result in felony charges.
Why the intent to sell is more serious
Generally, if the state attempts to bring possession with intent charges against an individual, there were aggravating factors present at the time of their arrest that raised questions about their possible involvement in the drug trade. Their social relationships, financial records and prior arrests can all influence what the state believes is the most appropriate charge given the circumstances. The state can pursue more aggressive charges and more serious penalties in cases where the circumstances seem to indicate their actions put others at risk.
What are the possible penalties?
A first possession with intent offense could lead to three years in jail and up to $25,000 in fines. Any repeat offenses can carry up to six years in jail and $50,000 in fines. Larger amounts of drugs can also increase the penalties involved. Those with multiple pounds of drugs, for example, could face up to 20 years in prison for a conviction or guilty plea.
When compared with simple possession penalties, which can be as low as a year of jail time and $2,000 in fines, the severity of those penalties is even more obvious. Those accused of possession with intent have multiple defense options available, from challenging attempts to establish constructive possession to proving that what they had was only for personal use. Ultimately, learning more about New Hampshire's often restrictive drug statutes may help people plan the best response after an arrest or an alleged possession with intent offense.
]]>On Behalf of Wilson, Bush & Keefe, P.C.https://www.wbdklaw.com/?p=469022023-05-24T18:16:56Z2023-05-24T18:16:56ZThe police arrested my child. Now what?
First, take a breath. Know that you are not alone. Parents throughout the country need to navigate this type of issue all the time. It is also important to note that you can have legal counsel represent your child. This can help to better ensure your child’s rights are protected throughout the process.
The authorities have charged my child with a crime involving heroin. Is this bad?
State and federal law generally classify heroin as a Schedule 1 controlled substance. These come with some of the most aggressive penalties. In New Hampshire, possession of any amount of heroin can result in the potential for prison time and a hefty fine.
If the authorities also try to accuse the child of selling the substance, the penalties can increase significantly and will vary depending on the amount of heroin the child has in their possession. Less than one gram can come with 7 years and $100,000 fine, one to five grams can come with 20 years imprisonment and a $300,000 fine, more than five grams can come with 30 years imprisonment and a $500,000 fine.
Various factors can increase these penalties. These can include a criminal record of previous offenses and the location of the alleged crime. If the child was near a school when the police claim they found the heroin the authorities can push for double the penalties.
Are there defenses to these types of allegations?
Those charged with these crimes can build a defense, but the exact strategy will vary based on the details of the case. In some, it may make sense to challenge how the evidence was gathered. If police do not follow proper protocol the court may throw the evidence out and drop the charges. This could include a review of the stop and investigation as well.
It is also important to review the elements of the crime. Each charge comes with specific criteria, or elements the prosecution must prove. This strategy focuses on fighting the prosecution’s attempts to prove these elements.
Finding the right defense strategy can result in a reduction or dismissal of charges. This can help to reduce the negative impact of this mistake on your child’s future.
]]>On Behalf of Wilson, Bush & Keefe, P.C.https://www.wbdklaw.com/?p=468152023-03-13T15:17:08Z2023-03-13T15:17:08Zdoesn't automatically lead to a jail sentence, pleading guilty is the simplest solution. However, having a criminal record that could affect someone's future career prospects and even their ability to secure housing isn’t a reality to be taken lightly.
As a result, most adults accused of a DWI offense can benefit from mounting a strong defense to the charges they face. There are many viable defense strategies that people employ in criminal court, and the two below are among the most popular.
1. Reinterpreting the evidence
The state has to provide a defense attorney with access to all of the evidence that will play a role in the criminal proceedings. The defense then has an opportunity to respond, possibly by challenging how the state analyzed the evidence.
For example, medical records or information about someone's diet might raise questions about the accuracy of a breath test. Records of anxiety disorders or other physical conditions could explain why someone performs poorly on a field sobriety test. A defense strategy can be successful when it reframes how the courts view the evidence against the defendant.
2. Challenging evidence on a technical basis
Sometimes, the easiest way to avoid a DWI conviction involves proving that the police officer did something wrong. The exclusionary rule prevents the courts from using evidence gathered through police misconduct.
If a lawyer can prove that a police officer conducted an inappropriate traffic stop, they could prevent the inclusion of any evidence gathered during the traffic stop. Errors in how the state processes or stores certain evidence could also prevent a prosecutor from using it in their criminal case.
Those who are facing DWI charges often feel hopeless. This is understandable, as it is a tough situation to be in. But it is important to understand that there are frequently options that allow individuals to successfully defend against pending charges in criminal court. Learning more about how people successfully defend against DWI charges can motivate those who have been newly charged to fight back and to do so with dignity.
]]>On Behalf of Wilson, Bush & Keefe, P.C.https://www.wbdklaw.com/?p=468132022-12-09T23:00:15Z2022-12-09T23:00:15ZWhat happens at a checkpoint?
Both the current interpretation of the federal Constitution by the Supreme Court and New Hampshire state law allow sobriety checkpoints, provided that the police departments involved have the appropriate paperwork in place and that the officers performing the checkpoint follow the right procedures.
The point of a roadblock is to briefly screen every driver who comes through. For a checkpoint to be legal, officers should treat every vehicle that approaches approximately the same. Officers only have the right to ask someone a few questions during a roadblock encounter. Only when they have probable cause to suspect chemical impairment or another criminal infraction can they order a driver to move to the side of the road for enhanced screening.
If an officer suspects you of chemical impairment based on your behavior or your answers to their questions, you may have to exit your vehicle to perform a field sobriety test. Depending on your performance during that test, you also have to submit the chemical testing. Officers may arrest you depending on how the situation unfolds.
Can you fight roadblock-related charges?
Although there may be video footage of your poor performance on a field sobriety test or a chemical breath test that seems to indicate you were over the per se limit, you may very well have a viable defense strategy available to you. From reviewing the maintenance records for the breath test unit used to administer your test to gathering medical records to present to the courts, there are multiple different strategies that can work for those accused of impaired driving.
Avoiding drunk driving charges in New Hampshire requires an understanding of the law and of what police officers can do on the road.]]>On Behalf of Wilson, Bush & Keefe, P.C.https://www.wbdklaw.com/?p=468112022-09-07T21:42:13Z2022-09-07T21:42:13Zcommon reasons.
They are curious
Young people are curious about everything, and illegal drugs are no exception. This curiosity may be especially high specifically because they’ve been told that they are not allowed to use these substances. This is also why a lot of young people begin drinking. They know that they are under the legal drinking age, but they’re simply curious about what it’s like.
They were pressured
Peer pressure is also a major reason for teenage drug use. Your teenager may have been pressured at a social gathering and done things that they never would’ve done if they were just at home by themselves. You cannot underestimate how important it is for young people to be accepted in their social groups, and they will often do things that they later regret in order to find this acceptance.
It makes them feel older
Although adults often look back at their younger years as the “good old days”, teenagers are often more focused on getting older. They want to be adults, they want to feel old, they want to feel respected and they want to feel like they’re in control of their lives. Making a decision to use these substances may be their way of trying to show their peers – or adults – just how grown-up they are.
No matter why this has happened, remember that it can have a major impact on your child’s future. You need to know about the legal steps you can take.]]>On Behalf of Wilson, Bush & Keefe, P.C.https://www.wbdklaw.com/?p=468102022-06-16T19:43:43Z2022-06-16T19:43:43ZWho qualifies for drug court proceedings?
Anyone facing criminal charges that they allege directly connect to their addiction could ask for drug court proceedings instead of criminal prosecution. For those living in the Nashua area, there are even felony drug court proceedings available.
You will need to provide evidence of your diagnosis with a substance abuse disorder and relate the offense to your chemical dependence. If you qualify, you will have to fulfill the obligations imposed by the drug courts.
What do drug court proceedings involve?
Unlike criminal court proceedings, which involve prosecutors trying to prove someone's criminal activity while the defendant tries to establish their innocence, drug courts involved the defendant openly acknowledging certain misconduct while claiming that the issue stems from their chemical dependence. The courts help them secure treatment to prevent future offenses.
They will have to return to court for frequent hearings and will be subject to numerous forms of court oversight. It is common for people to need to complete inpatient rehabilitation or substance abuse treatment. Those involved with the drug courts will need to meet with drug court workers regularly and may need to submit to randomized drug testing. They will need to avoid additional criminal issues.
It takes a lot of effort and often well over a year, if not longer, to complete the requirements set in drug court. If you are successful, however, there are numerous benefits. You avoid having a criminal record or needing to serve any sort of formal criminal sentence. The required treatment and counseling involved in drug court cases could help you figure out the underlying cause of your substance abuse issues and regain control over your life.
Learning about your options when accused of a drug offense in New Hampshire could help you regain control over your daily life.]]>On Behalf of Wilson, Bush & Keefe, P.C.https://www.wbdklaw.com/?p=467992022-03-11T19:48:13Z2022-03-11T19:48:13ZA restraining order means major changes
Depending on the claims that the other party makes and the documentation they have to support those claims, the restraining order could impose many limitations on your life. You have to comply with those limitations or face enforcement actions.
You may have to move if you currently cohabitate with the other party. There may be rules against you so much as sending them a text message or walking into a business where they are currently conversing with friends. If you violate those restrictions, even if the other person has reached out to you since asking for the order, enforcement actions could lead to fines or even incarceration.
A restraining order can affect your other relationships
Since you don't intend to violate the order, the request may not seem like an issue, but there are other concerns as well. The restraining order could impact your custody rights if you have children. A court order can make you look like a danger to the children. Even if the other party does not accuse you of misconduct toward the children that you share with them, their accusations could play a role in future custody proceedings.
Only by defending yourself can you protect the relationship with your children and your reputation from the damage that these claims could cause. Understanding the potential impact of a domestic violence restraining order can help you respond to a request for one appropriately.]]>On Behalf of Wilson, Bush & Keefe, P.C.https://www.wbdklaw.com/?p=467902021-12-07T22:42:32Z2021-12-07T22:42:32ZHow could taking your medication lead to drug charges?
One of the most common ways for a prescription drug to lead to charges is by buying extra drugs, doctor shopping or taking a prescription that doesn’t belong to you. For example, if you have a prescription for 15 Xanax and buy an additional seven from a friend, you could be charged. While it might be hard to determine if you had made an illegal purchase, finding a greater number of pills than is written on the prescription bottle could lead to serious lines of questioning.
Doctor shopping is another way you could end up with charges. While the initial traffic stop might lead to a DWI, finding multiple bottles of a prescription from various doctors in your vehicle could lead to doctor-shopping charges.
If you have anxiety, handle it through legal means
It’s always a better choice to handle your anxiety through legal methods. What that means is that you should only use a prescription that is specifically written out for your condition. You should not purchase additional drugs if you run out. Instead, see your doctor about trying a longer-acting or more effective medication. Finally, never drive until you understand how a drug affects your abilities. Anxiety medications are known to cause drowsiness and disorientation in some people, which could make it too dangerous to drive. By following these rules, you’ll reduce the risk of a traffic stop that leads to a DWI or drug charges.]]>