SWNH Law

"Felonies First" Comes to Rockingham County

Richard Samdperil — Sun, 08 Oct 2017 04:00:00 +0000

Effective October 1, 2017, Rockingham County will start using the new "Felonies First" rules. Rockingham is the last of New Hampshire's 10 counties to implement the new felony case procedures. Felonies Frist began in January, 2016 in Cheshire and Strafford counties, and has been expanded to all New Hampshire counties over the past 22 months.

Here are 4 important things to know about how "Felonies First" will change how felony cases are handled in New Hampshire courts:

1. Under Felonies First, any person charged with a felony will be scheduled for an arraignment (i.e., an initial court appearance where a plea is entered and bail may be set or changed) in the Superior Court and the case will be prosecuted by the county attorney's office. This is a major change from the old rules, which permitted felony cases to be filed in the local circuit court by a local police or town prosecutor.

2. It doesn't matter if a person is also charged with misdemeanor offenses. If a person is facing multiple charges and at least one of the charges is a felony, the entire case, including any misdemeanor charges, will be transferred to the superior court.

3. Under the old rules, a person charged with a felony in circuit court was entitled to a probable cause hearing, which is a preliminary hearing where a prosecutor must show that there is a basis to believe that a felony was committed and that the person charged is responsible. Under Felonies First, probable cause hearings are not automatic, and the defendant must now show that he or she meets certain statutory criteria before a judge will consider scheduling this type of hearing.

4. In Rockingham County, any felony charge that was filed before October 1, 2017, or was filed after that date but alleges criminal conduct before October 1, will be handled under the old felony procedures. This means that an arraignment and probable cause hearing may still be held in the Circuit Court before the case is indicted and brought to Superior Court.

If you are looking for legal reprsentation or advice about a felony charge, you should speak with a lawyer immediately, and, when possible, prior to the arraignment. We have been reprsenting people in felony cases in the New Hampshire courts for over two decades. You can schedule a consultation at any of our office or conference locations by calling (603) 775-7570 or send an email to help@swnhlaw.com.

Felony Stalking Case Ends in Acquittal

Richard Samdperil — Mon, 25 Sep 2017 04:00:00 +0000

Less than a month after hearing a not guilty verdict in a Strafford County manslaughter case, Richard Samdperil was in the Rockingham County Superior Court defending a client charged with felony Stalking and with violating a protective order. The client was charged by local police in 2016 and later indicted by a Rockingham County grand jury for an encounter at a public arts venue in Portsmouth, New Hampshire. If convicted, the client faced a possible sentence of 3 1/2 - 7 years in prison, plus fines. At trial, the prosecution presented testimony from the complaining witness and the police detectives who investigated the matter. After a brief deliberation, the jury found Samdperil's client not guilty of both charges.

NH Decriminalizes Some Marijuana Possession - 3 Important Things to Know

Richard Samdperil — Sat, 16 Sep 2017 04:00:00 +0000

Effective September 16, 2017, possession of 3/4 of an ounce of marijuana or less will no longer be a crime in New Hampshire. The new law, which decriminalizes small amounts of marijuana, merely lessens the penalties for possession - it does not make marijuana possession legal. Here are three important things to understand about this change to New Hampshire law:

1. Possession of 3/4 of an ounce of marijuana is a violation level (i.e., non-criminal) offense. Possession of more than 3/4 of an ounce is still a crime and can be punished by larger fines and possibly jail.

2. This is a change to New Hampshire state law only. Under federal law, marijuana possession is still a crime. This means that even a violation-level conviction for a small amount of marijuana can lead to the loss of certain scholarships, student loans, or financial aid, such as federal student aid (FAFSA).

3. This law applies only to persons who are 21 or older. A person who is under age 18 and possesses 3/4 of an ounce of marijuana or less can be subject to juvenile delinquency proceedings in family court.

For basic information on New Hampshire's decriminalization bill, click here. If you have questions about how this law may affect you, particularly if you are a student, please give us a call. We are happy to schedule a consultation to provide information about your particular situation or to discuss legal representation.

Not Guilty Verdicts in Manslaugher and Riot Case

Richard Samdperil — Fri, 08 Sep 2017 04:00:00 +0000

Following a 2 weeks trial, a jury found a Samdperil & Welsh client not guilty of Manslaughter and Felony Riot charges. The case stemmed from an incident at a bar in Rochester, New Hampshire and was tried in the Strafford County Superior Court in Dover. After hearing from eye-witnesses, police detectives, and expert witnesses in the area of forensic pathology, the jury found the client not guilty of the two charges he was indicted on, and guilty of a lesser charge of Negligent Homicide. As a result of the acquittals and jury's verdict, the client, who was originally facing a possible 37 years in state prison, will now be eligible for parole by 2019. For coverage of this case in the media, click here.

What is the penalty if I am convicted of a DWI in New Hampshire?

Richard Samdperil — Sun, 29 May 2016 19:58:03 +0000

We understand that drunk driving cases can be confusing - the field tests, the alcohol testing machines, the whole process.

One of the most important things to know is how a conviction for a DWI offense might affect you. For that reason, we have put together a reference guide that summarizes the penalties for several DWI offenses.

In 2013, new DWI sentencing laws went into effect that significantly change the treatment requirements and the length of mandatory jail sentences. Our guide has been updated to reflect these changes.

This information is designed to help you understand what the mandatory minimum sentences are, what the worst case scenario could be, and what other consequences could result from a conviction for DWI or DUI in New Hampshire.

Penalties for DWI in New Hampshire

In New Hampshire, the penalty will be greatly affected by your prior driving record and whether you have previously been charged with or convicted of a DWI.

Second and subsequent DWI convictions include a mandatory jail sentence and lengthy license suspension. Additionally, the charge of Aggravated DWI has serious consequences, including a mandatory jail sentence in all cases.

For specific information about DWI penalties, click http://www.swnhlaw.com/areas-practice/dwi-defense/nh-dwi-penalties.

Please note that this is background information only, and you should always consult with a lawyer to find out what penalties are applicable in your case.

Client Found Not Guilty of Criminal Threatening with A Handgun

Richard Samdperil — Mon, 15 Feb 2016 05:00:00 +0000

The client was accused of drawing a firearm, a 9 mm. handgun, at a Portsmouth bar and threatening a bouncer. If convicted of either of the two felony charges he was charged with, the client faced a possible 7 1/2 - 15 year sentence in prison, fines, and the loss of his right to own and carry a firearm.

Attorney Richard Samdperil successfully argued that the client was innocent of the accusations. The jury agreed, and the client was found not guilty.

NH Courts Begin Rolling Out "Felonies First"

Anonymous — Fri, 15 Jan 2016 04:00:00 +0000

Under the so-called "Felonies First" law, which became law in July of 2015, felony cases will be brought directly in the superior court, as opposed to the local circuit court where these charges were traditionally filed.

This change eliminates preliminary "probable cause" hearings as a matter of right, and instead places with a superior court judge the determination of whether such a hearing is necessary.

The Strafford and Cheshire county superior courts were the first courts to implement this significant change in court procedure. Felonies First will expand to Belknap County Superior Court in July of 2016. The program will then rollout statewide.

Attorney Richard Samdperil, formerly a co-chair of the NH Bar Association Criminal Law Section, represented the section on an attorney working group convened by the Chief Justice of the New Hampshire Superior Court. For the New Hampshire Bar News article, click here.

"Should I Blow?"

admin — Sat, 10 Oct 2015 20:09:18 +0000

Here's a question we hear a lot: "Should I blow?"

What You Need to Know about DWI Breath Tests in NH

If you are arrested for DWI in NH, here is what you need to know:

If you submit to a breath or blood tests, the result may be used against you at a DWI trial.

If you submit and your alcohol concentration level (BAC or BrAC) is over .08, the you will lose your license for at least 6 months (or longer if you have a prior DWI conviction or refusal), regardless of whether you are convicted or even charged with DWI.

If you submit to a breath test be sure to save the capture tube. Under New Hampshire law, you must be provided with a second sample. Sometimes the test is done improperly or the sample is not preserved properly. An independent laboratory test may help your case.

If you refuse to submit to testing, no test can be given. This means that there will not be any test results to use against you in court.

If you refuse the prosecutor may tell the judge or jury of your decision to refuse the test.

This differs from the law in other states, where refusing a breath test may not be used against a defendant at trial.

If you refuse the DMV will suspend your license for at least 6 months, and in some cases for 2 years.

If you refuse and are convicted of DWI, the ALS suspension (that's the loss of license imposed by the DMV for refusing the test) will be in addition to any court-ordered loss of license.

Need an Experienced NH DWI Lawyer?

If you're reading this, you have probably already been arrested or charged with drunk driving in New Hampshire.

If you need help with a NH DWI, DUI or OUI charge, give us a call. We are experienced NH DWI lawyers. And, in most cases, we are happy to provide a free initial consultation.

But more importantly, we will explain this complicated law to you so that you understand your case.

Just ask around – we have an established and well-deserved reputation as fighting hard for our clients in Portsmouth, Exeter, Dover, Hampton, Manchester and throughout New Hampshire. And we will work hard to get you the best possible outcome too.

Disclaimer: Please note that this blog posting and all other material on this website is for informational purposes only, and should not be construed as legal advice. If you are seeking legal advice, you should hire and consult with your own lawyer.

Samdperil & Welsh

primal — Thu, 01 Oct 2015 13:32:01 +0000

More than 20 years of trial experience and practical advice.

Drawing upon more than twenty years of experience representing clients in the New Hampshire courts, our lawyers provide legal advice that is knowledgeable and clear, and representation that is both aggressive and creative. Whether your case is in a local circuit court, family court, superior court, or the New Hampshire Supreme Court, we've been there... and we've obtained impressive results for our clients.

Learn more about what makes Samdperil & Welsh, PLLC one of Seacoast NH's leading law firms

Areas of Practice

New Hampshire raises the adult prosecution age to 18 for most offenses

Anonymous — Wed, 09 Sep 2015 05:00:00 +0000

Prior to July of 2015, 17 year-olds charged with a crime were prosecuted as an adult and could face the same jail and prison terms as other adults. However, a 2015 change in the law, increased the age for adult prosecution from 17 to 18. Persons under the age of 18 are generally charged as juveniles, which means that the cases are not public records and that a conviction does not appear on a criminal history record. However, a person who is under 18 may still be prosecuted in adult court for most motor vehicle offenses, such as DUI or transporting alcohol or drugs, or for certain other alcohol or tobacco offenses. If you have questions about legal representation in adult or juvenile matters, please contact one of our attorneys, who handle all criminal, motor vehicle, juvenile delinquency, and related matters.