How does New Hampshire differentiate between an Aggravated DUI vs a Misdemeanor DUI?

In accordance with New Hampshire DWI Laws, the classification for how a DWI is charged—as either a class B misdemeanor (1st offense, non-Aggravated) or a more serious offense, called an Aggravated DWI—depends on the following factors: Was the rep… Read More

NH Supreme Court Interprets Meaning of "Loaded Pistol" for Concealed Carry Law

The Manchester Police charged defendant for knowingly carrying a “loaded pistol” in his car’s glove box without a valid license, in violation of RSA 159:4, the “concealed carry” law. NH is a State where anyone who is not… Read More

Another Reason To Talk To A Good Defense Lawyer Before Talking To The Police

The United States Supreme Court issued a new opinion on Monday making it more difficult for citizens to assert their 5th amendment when talking to the police. The Supreme Court decided that when a person voluntarily talks with police prior to arrest,… Read More

Concord, NH Police Dept Announces DWI ("Sobriety") Checkpoints July 2013

The Concord Police Department has issued a press release, announcing that the Concord Police Department and the “Merrimack County DUI Task Force” will conduct a “Sobriety Checkpoint” starting as soon as this Monday – … Read More

Tilton, Northfield, Belmont NH Police Announce DWI Checkpoints July 2013

The Tilton, Northfield and Belmont Police Departments have announced they will run DWI (“sobriety”) checkpoints between July 19 and July 28, 2013. This is an unusually large block of time, within which the checkpoints will probably only r… Read More

Ted Lothstein and Richard Guerriero Presenting Criminal Seminar - Ethics in the Age of Social Media

On June 26, 2013, Ted Lothstein and Richard Guerriero will be speakers at a criminal litigation presentation chaired by Ted Lothstein called Ethics in the Age of Social Media. This CLE, which also features presentations by a county attorney prosecuto… Read More

NH Supreme Court Requires Sex Offender Registration Despite Fictionalized Victim

In Czyzewski v. New Hampshire Department of Safety, decided today, the Court provided a classic example – and a very defensible example – of how Courts will literally ignore the language of a statute in order to reach a desired result. Cz… Read More

US Supreme Court Allows Police To Take DNA Samples From Any Arrestee

Yesterday, the United States Supreme Court held that the Fourth Amendment does not bar the police from taking a DNA sample from anyone who has been arrested for a crime serious enough to warrant detention and booking. The case is Maryland v. King. It… Read More

FBI distributes child pornography to ensnare website visitors

Can it be true that our own government is now in the business of selling child porn on the web? Most people would not be surprised to learn that the FBI, with judicial authorization, can seize and shut down a child pornography website. After all, chi… Read More

Portsmouth NH DWI Roadblocks Detain 175 Innocent Motorists

Earlier this week on our Blog, I warned about NH DWI roadblocks coming this weekend to Portsmouth, NH. This morning, the Portsmouth Herald reported that the NH DWI roadblock ensnared 179 people, all of whom were detained without reasonable suspicion,… Read More