Frequently Asked Questions
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Fortunately, not many. Most criminal cases are resolved through plea bargaining and plea negotiations. There are many reasons for this. The State has significantly more resources to take criminal defendants to trial. They have investigators, experts, and multiple prosecutors. My experience is that preparing, litigation and expecting a trial will often result in the best possible plea bargain.
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Being charged with a crime in New Hampshire can be a stressful situation as you try to protect yourself and your family from the possible consequences of a criminal conviction. You probably have a number of questions about your misdemeanor or felony charge and the legal process you are about to face. Those questions can be adequately answered by a skilled criminal lawyer in New Hampshire, which means at the outset, your first priority should be finding a defense attorney to handle your case. You want to find someone who has experience in the type of case you are being charged with. You want an attorney who knows the people and players that will be involved in the prosecution and sentencing should you plead or are found guilty.
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Hiring a criminal lawyer in New Hampshire should never be based on price alone. However, for most people, cost is an important consideration. We offer various payment solutions such as a free initial consultation, a flat-rate defense package, all-inclusive pricing that helps you avoid unexpected expenses for necessary services, and payment plans that allow you to pay over time. An attorney who offers the lowest rates may not have the experience or the successful record needed to adequately defend you; conversely, an attorney with the highest fees may have junior associates handling the matters. When trying to find a criminal attorney in New Hampshire, look for one who balances cost, service and accessibility to provide an affordable defense.
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The legal profession is a vast and varied field. To find a lawyer in New Hampshire who can handle your case, look for one who has specific knowledge in criminal law. Such an attorney will likely belong to professional organizations that demonstrate his or her abilities in the field of criminal defense such as the Association of Criminal Defense Attorneys or belong to the National College of DUI Defense. To know if a potential attorney is considered knowledgeable in the field, look around – asks friends or family or even do a google search
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Find a criminal attorney in New Hampshire who has the experience to represent you before the New Hampshire District Court. When legal knowledge is combined with years of first-hand experience, your defense is strengthened. A criminal attorney in New Hampshire with a proven record of successful defense can offer the knowledge, skill, and confidence needed to win your case. With experience comes an understanding of the tendencies of judges and prosecutors. A seasoned criminal defense attorney can anticipate and work with these propensities to gain the best possible outcome to your case. Most attorneys with 20+ years of experience know the judges, prosecutors and court staff well and can give valuable advice on how to handle your particular situation.
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It’s important for you to hire a lawyer the minute that you feel like you’re being investigated for something. Most of the time, people don’t know about an investigation or don’t need to hire a criminal lawyer until they’ve actually been arrested or formally charged with something. That’s generally the time that most people learn that they have a criminal case against them. But in other circumstances, people do get notified that they’re being investigated for something or have an idea that they might be facing criminal charges and in those circumstances, it is equally as important to get an attorney in advance of being charged. So often people are questioned by police or approached by officers and volunteer information, having never had the opportunity to speak to an attorney beforehand. They often make mistakes and give up information that, had they consulted with an experienced criminal lawyer, they would have been advised never to share that information with the party that was seeking it. Hiring an attorney immediately upon learning that you’re under investigation for something is extremely important in making sure that you protect your rights and potentially put a stop to what could be a very weak investigation on the part of whichever party is seeking information from you. People mistakenly believe that hiring an attorney will “make them look guilty”. This is not true! The sooner you hire an attorney the better.
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For someone charged with a misdemeanor or felony in New Hampshire, the prospect of a criminal conviction can be terrifying. Whether you are facing a short stint in county jail or a lengthy prison sentence, any time behind bars takes you away from your family, your friends, and your career. With the help of a skilled New Hampshire criminal lawyer, you can defend against the criminal charge and fight for a successful outcome to your case. To avoid a criminal conviction or to minimize the impact, you want to find a defense attorney who will provide quality legal representation. You may search for recommendations and reviews to help you find a New Hampshire criminal lawyer, but no defense attorney is perfect for everyone. The best criminal lawyer in New Hampshire is the one whose legal services suit your specific defense needs, that you get along with, is accessible and have a competent staff to handle the workload.
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It depends on what the search is and how the search is being effectuated. If an officer wants to search your home, he’s not allowed to walk into your home and simply search it; he has to have a warrant in order for that to happen. If an officer shows up at your home asking if he can search it and you don’t want him to, you do not have to let him search your home. If an officer has a valid warrant that has been signed by a proper authority, then the officer does not need your permission to search your home. The judge that signed that warrant has granted the officer permission to enter your home.
If an officer is going to get a warrant to search a person’s home, that warrant is going to need to be very specific as to the reasons the officer believes he has a basis to search the home and what, if any, information he can provide to support those reasons why he believes it’s appropriate to search the home and under what limitations he’s permitted to search the home. The Constitution does allow for a heightened level of privacy in an individual’s home and does require the police department to go through a number of checks and balances to make sure that it’s appropriate to cross that threshold and enter somebody’s private property without their consent.
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If you know that what you are being accused of is a serious misdemeanor or felony, you should speak with an attorney as soon as possible. If you have been contacted or questioned in person or via phone by a law enforcement officer, FBI agent, or a prosecuting attorney, you could potentially implicate yourself in a criminal matter. It is in your best interest to consult with an experienced criminal attorney before cooperating with an investigation or making any statements. This is especially true if a law enforcement official is asking you to give a statement or cooperate in an investigation. Statements made, even if they seem benign, can become evidence used against you. Seeking the advice of a criminal lawyer is vital for safeguarding your rights and giving you the best chance of a positive legal outcome against any future prosecution.
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Regardless of what you plan on pleading, it is vital that you hire a criminal defense lawyer to protect your rights. Just because you got caught, doesn't mean you're guilty! We can help you obtain a lighter sentence, advise you of possible collateral consequences or minimize / completely eliminate your criminal charges, if possible.
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If you’re wondering whether you should contact an attorney, chances are good that you should have already done so. As soon as a criminal defense attorney is involved in your case, he or she can begin developing your case strategy. In fact, you should not talk to law enforcement officers — even if you think you’re only explaining away a simple misunderstanding — without a lawyer present. Be polite, but be firm that you will answer questions only with your attorney by your side.
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Through the legal process, your attorney and the prosecutor’s office might negotiate a plea agreement. This is typically a good way to avoid trial, but will always contain some form of penalty. Based on your lawyer’s recommendations — depending the strength of the prosecutor’s case compared with the strength of your defense — you should consider a plea agreement.
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Depending on the specifics of your case and your history, you can face serious, life-altering consequences upon criminal conviction. Penalties can include fines, restitution, loss of professional license, loss of driving privileges, community service, probation or jail time. Your lawyer can explain the consequences you might face in your case.
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In short, felonies are more serious and carry stricter penalties. The distinction is largely based on the severity of the charge and your criminal record. No matter the severity of your charge, you should have an experienced New Hampshire defense attorney by your side.