You were hurt in a car accident as a result of someone else’s carelessness. You received treatment, and your condition improved over time. You did everything correctly and expected the insurance company to do the right thing and offer you a fair settlement. The insurance company’s offer, to your surprise, was not reasonable; instead, it was a low insurance settlement offer. So, what should you do if you are presented with a low settlement offer?

Learn More About Our Experienced Concord Personal Injury Attorneys

Your natural reaction may be to react with rage and hostility. You didn’t do anything wrong, and all you want is for your medical bills to be paid. However, responding emotionally is not the best way to respond to a low settlement offer. So, how do you fight the low settlement offer from your auto insurance company?

WHY DID I GET A SMALL SETTLEMENT OFFER?

It’s critical to understand why an insurance company offers a low settlement. It’s possible that the insurance adjuster doesn’t have all of the relevant medical bills and records to back up your claim, resulting in a low settlement offer. If you do not have a lawyer, simply call the adjuster and ask what factors they considered when determining their settlement offer to see if they are missing anything. If the request is based on a partial picture of your claim, provide the missing medical bills and records and urge the adjuster to re-evaluate the claim. 

For a variety of reasons, the adjuster may be making a low settlement offer. For example, the settlement offer could be low because the vehicles were not severely damaged, there were significant gaps in medical treatment, or you had pre-existing injuries to the same body parts that were injured in the crash. These arguments can be complicated, and there is no one-size-fits-all solution, but it’s best to understand the adjuster’s reasoning so you can confront them head-on.

What to Do If You’ve Received a Low Settlement Offer

1. Consult a Personal Injury Attorney

If you are handling your pain and suffering claim without the assistance of a lawyer, you are likely to have received a low settlement offer. When personal injury victims attempt to handle their pain and suffering claims without the assistance of a lawyer, insurance companies usually try to exploit the situation by making low settlement offers. The insurance company will often assume that because you do not have a personal injury lawyer handling your claim, you do not know how much your claim is worth or how much compensation you are entitled to. They will also figure that you will not have the knowledge or ability to take the case to trial, and that therefore your only choice will be to take the highest offer they make.

2. Calculate the Compensation You’ll Need

An attorney can assist you in calculating the amount of compensation you require, including both economic and non-economic damages. This will cover everything from your current and future medical bills to the mental anguish you have experienced due to the accident. In addition, an experienced attorney can ensure that you know your recovery rights and that you are not overlooking any critical factors in your calculations.

3. Keep Your Counteroffer Reasonable

Many people who have never dealt with a personal injury claim think their first offer or counteroffer should be the highest feasible (a “pie in the sky” number). But, unfortunately, let’s say your counteroffer falls outside of what a knowledgeable personal injury attorney would consider.

In that case, the adjuster is unlikely to take you seriously and reconsider their low offer. Adjusters frequently shut down negotiations as a waste of time when someone’s expectations are outside of the reasonable range. This is usually when your proposal will receive a take it or leave it response.

4. The Delay Tactic

Some insurance firms will attempt to prolong the procedure in order to sabotage your claim. Furthermore, if you wait too long, you may completely waive your claim due to a statute of limitations. According to a general rule, the longer the delay in settlement, the better for the insurance company.

5. Reject and dismiss

You and your attorney must properly reject the low settlement offer. Because the initial offer was written, the rejection will be reported as well and will address each point raised during the offer, including any findings that you were partially responsible for the crash. You’ll also use your calculations to develop a counteroffer amount and arguments for why you deserve the damages sought.

6. Decide whether or not you’ll go to court.

Determining whether you are willing to go to court to obtain compensation is a difficult part of insurance settlement negotiations. The insurer is unlikely to accept your counteroffer outright. Instead, they may offer the same or a slightly higher amount than the first offer. Your lawyer can assist you in continuing to communicate with the insurer to reach an acceptable settlement. If negotiations fail, you must decide whether you are willing to go to court or accept a less-than-ideal amount.

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When a spouse files a divorce petition, they usually have two choices. First, they have the option of filing for divorce on no-fault grounds (also known as “irreconcilable difference” or fault grounds. The option they choose is determined by the laws of the state in which they live and the facts of the case.

What is the Definition of a Fault Divorce?

About two-thirds of states in the United States, including New Hampshire still allow spouses to divorce based on fault. One spouse may allege that the other spouse did something to cause the marriage to fail in a fault divorce. Each state has its own set of fault grounds, but the following are some of the most common:

• Inhuman and Cruel Treatment
• Adultery
• Incarceration
• Abandonment
• Substance Abuse
• Condonation

1. Inhuman and Cruel Treatment

This term has a legal definition in each state. It usually takes more than simple misbehavior or incompatibility. Instead, the behavior must usually be so egregious that continued cohabitation puts the other spouse’s physical or mental health in danger. This ground may be proven by ongoing physical or emotional abuse.

2. Adultery

Adultery is a common cause of divorce due to a fault. However, state laws on what constitutes adultery may differ. Some states, for example, define adultery as involving the physical act of sexual intercourse in order to be considered such. A recent New Hampshire Supreme Court decision ruled that same-sex relations meet the requirement for adultery, even though they do not involve the historical definition of intercourse. Circumstantial evidence is frequently used to prove adultery, such as demonstrating that a spouse and a third party were romantically involved and had the opportunity to commit adultery. Judges frequently use the totality of the circumstances to determine whether or not adultery has occurred. Adultery has specific defenses, such as being guilty of the same conduct or forgiving the unfaithful spouse and resuming sexual relations with them.

3. Incarceration

If a spouse is incarcerated for a certain time, such as over a year, the state’s law may allow for a fault-based divorce.

4. Abandonment

Abandonment or desertion is another fault-based ground that the state may recognize. The law governing this ground usually specifies the length of time since the spouse abandoned the other, which is typically a year or more.

When one spouse voluntarily leaves the other with the intent to abandon them, this is known as abandonment. When one spouse abandons the other, the clock on the required timeframe starts ticking—depending on state law, reconciling and then parting ways may or may not defeat this ground.

5. Substance Abuse 

Some states permit fault grounds based on habitual intoxication or drug addiction. Regular drinking and drug addiction, bigamy, impotence, and insanity are all grounds for divorce. However, impotence and bigamy are traditionally grounds for annulment when present at the time of marriage; impotence and bigamy are also grounds for divorce in some states.

When it comes to determining which procedure to utilize if an annulment is also an option, divorce may be the better alternative to avoid financial hardship for one spouse. In particular, if an annulment is granted, the marriage is declared null and void, and alimony is rarely awarded. On the other hand, a divorce ends the marriage as of the date of the decree, and maintenance may be granted.

6. Condonation

After one spouse commits an act that is grounds for divorce and the other party is aware of the act, condonation is the voluntary continuation of the marital relationship by the spouses. The two most significant parts of condonation are forgiveness and the restoration of the marriage connection, both of which have varying degrees of applicability depending on the jurisdiction.

The Advantages of Proving Fault

Proving fault can have an impact on the financial outcome of a divorce in some states. For example, suppose a judge finds that a spouse committed adultery and used marital assets to support a lover’s lifestyle. In that case, they may consider when deciding how to divide property or how much alimony to award. If a spouse has committed adultery or has been proven to be abusive in the relationship, they may be ineligible for alimony in some states.

If you’re looking for help with your divorce, contact us. Our team of family law attorneys in Concord will help guide you through the process and toward the most favorable results.

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Discovery is a phase of litigation that occurs before trial. Although discovery can happen in criminal and civil cases, electronic discovery issues most often arise in civil cases.

The goal of discovery (whether done electronically or on paper) is to uncover facts. These facts form the basis for creating a trial strategy (or perhaps a motion for summary judgment). Thus, before entering the courtroom, virtually all evidence presented through testimony or demonstrative evidence, as well as the preparation for cross-examination or direct examination of witnesses, is developed through discovery.

Discovery can be conducted in any litigation cases, including family, criminal, and personal injury

Types of Discovery Materials

Depositions

Depositions are sworn statements in which an attorney answers questions while a court reporter records everything spoken. Depositions might last anywhere from an hour to all day, or even in rare cases over more than one day. Although every lawyer has their own strategy for depositions, there are three main reasons to take them: to lock individuals into their testimony, to discover what evidence the other side has, and to conduct a “practice trial,” (observing how a witness will appear and behave in front of a judge or jury).

If you are deposed, your attorney will tell you what they need from you, but there are two things to consider. First and foremost, never guess. A deposition aims to provide facts, not to speculate on what could have happened. Even if it makes you feel self-conscious to say it, “I don’t know” is sometimes the best response. Second, while it is natural to want to explain things so that your listener understands, you should resist this urge. It is your opponent’s responsibility to obtain the answers. It is your responsibility to simply respond to the question that has been posed, not to provide more information than is requested.

A deponent may be requested to disclose copies of documents as part of a deposition.

Interrogatories

Interrogatories are specific written questions that a person may to submit to an adversary to answer under oath and in writing. Interrogatories must ask specific questions to elicit a response that is relevant to the issues being litigated.

Inspection and production

Under discovery, a litigant is generally entitled to the production and inspection of relevant documents in an adversary’s possession or control.

Requests for Facts to be Acknowledged

A party may request that an adversary admit any material fact or the authenticity of a document that will be used as evidence at trial. This procedure, known as a request for admission of fact, aids in the fair and efficient administration of justice by reducing time and money spent proving non-controversial issues.

Before making such a demand, the requesting party does not need to file a motion with the court but must follow any statutory requirements. The matters or documents to be admitted must be described in detail, and a deadline for a response must be set. The response should either accept or deny the request or explain why it is not possible. Failure to respond within the specified time limits results in the matter being admitted, which prevents the noncomplying party from challenging it during the trial.

Physical Examination 

A court may authorize a mental or physical examination of a party whose condition is the subject of litigation in the exercise of its discretion. 

Things to Remember When It Comes to Discovery

• Keep in mind that anything and everything will most likely come out at some time during the discovery process.
• You must tell your attorney the truth about any facts or documents that may surface. If you don’t tell them everything, they won’t be able to do the greatest job possible.
• Discovery can be time-consuming, costly, inconvenient, and infuriating. If you don’t want your life to be investigated in this way, you should think twice about filing a lawsuit. 
• Be sincere. Nothing will make you lose a case faster than lying in discovery and being found, and if you are intentionally dishonest, you will almost certainly be caught.

For more information on discovery materials in New Hampshire law, Call Cohen & Winters at 603-224-6669.

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In everyday speech, the terms “evidence” and “proof” are frequently used interchangeably in casual speech. There is, however, a distinction to be made between evidence and proof. Evidence is data or facts that assist us in determining the reality or existence of something. A total collection of evidence can prove a claim. Proof is a conclusion that a certain fact is true or not. In the case of a court of law, it is up to a judge or a jury to decide whether a fact has been proven or not, based on the evidence presented. 

Evidence

Evidence is unprocessed pieces of data, material, or information. In the legal context, it is typically gathered and presented  by one party to a case in an attempt to either prove or disprove a certain legal conclusion.

“Proved.” — A statement is said to be established when the Court, after examining the evidence, either thinks it exists or feels its existence is so likely that a reasonable person would act on the premise that it exists given the circumstances of the case.

“Disproved.” — A claim is said to be disproved when, after examining the evidence, the Court either believes it does not exist or feels its non-existence is so likely that a reasonable person would act on the assumption that it does not exist given the circumstances of the case.

“It has not been proven.” When a fact is neither confirmed nor denied, it is said to be unproven.

For example, when trying to solve a murder or theft case, the police are continuously seeking evidence to present to the jury. The facts gathered by the police and prosecutor and presented convincingly by the attorney in a law court constitute the foundation for the jury’s decision. Prosecutors frequently utilize fingerprints, films, voice samples, clothing, and other materials and things used by the accused as evidence to support their allegations and statements. Evidence itself is not absolute proof, but helps lead and direct the jury to a decision.

In most cases, a jury must make do with the evidence and facts provided to them. Often no one piece of evidence is itself sufficient to prove that a crime did or did not occur. 

Evidence can take various forms, including digital, physical, scientific, detailed, and so forth. Prosecutors utilize this evidence to show their client’s guilt or innocence in a court of law.

Proof

People will demand proof if you claim anything new or innovative. To take an age-old philosophical example, atheists ask – what is the evidence for believing in God’s existence? We believe in objects and concepts that we can detect with our senses or supported by a body of knowledge derived from thousands of years of experience and research. A definitive assertion concerning the truth or reality is known as proof. Prosecutors a must utilize evidence to establish that an accused has committed a crime before a jury. 

A simple example is if a person’s fingerprints are on a glass. The fingerprints are evidence. The conclusion that that the person touched the glass, is proof. 

The evidence provided by either of the parties present during the trial must be firmly and considerably more probable than not to be accurate. The trier of fact must have a solid belief or conviction in its factuality. In civil cases the standard for whether evidence has led to proof of a fact is whether that fact is more likely than not. In criminal cases, on the other hand, for evidence to amount to proof of guilt, it must amount to beyond a reasonable doubt. Difference between proof and evidence:

• A fact that indicates that something is genuine is known as proof. The proof is a definitive judgment that eliminates all  legal question, whereas evidence simply points to a fact or assertion.
• Evidence is data that leads to the conclusion that something is genuine or authentic. For example, police officers offer evidence to show an accused person’s guilt (DNA), physical (clothing or sperm), or circumstantial evidence.
• Before establishing a claim, each inventor must substantiate their innovation.
• You can use various items to establish your identity, including your driver’s license, voter’s card, and utility bills.

• The proof is complete and irrefutable. The evidence is speculative.
• A fingerprint can prove someone’s guilt on a pistol. If the murder suspect also has a motivation and an opportunity to do the crime, that adds to the evidence. The investigators will have proof of his guilt if they can gather enough evidence.

Do you have questions about criminal law? Get in touch with our New Hampshire criminal defense attorney team to learn more about your options and how we can help.

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If one spouse owns the family home while the other does not, the law grants rights to the spouse who does not own the family home. These homestead rights include the right to remain in the family home until an order from a judge forces you to leave.  A temporary order specifies who, while a divorce is pending, is permitted to live in the family home, and who can enter certain areas of the family home. 

What happens to the family home during a divorce if it is only owned by one spouse?

Under New Hampshire law, regardless of how the home is titled, it is subject to division by the Judge. Even if a house is owned by one spouse only, that does not necessarily mean that spouse automatically keeps the house in the case of a divorce. This is true even if the house was acquired prior to the marriage. The starting presumption is that all assets, including homes, are divided equally regardless of how they are titled.  However, there are a number of reasons why a Judge can decide to do something differently than an equal division. One factor is whether an asset was brought into the marriage. If so, the Judge may allow the spouse that brought the asset into the marriage to keep that asset outright, or to keep a greater than equal portion of that asset.

What if the house has appreciated during the marriage?

Home equity tends to appreciate in value. This appreciation can come from three sources. First is general market appreciation. Second are improvements made to the house. And third, as a mortgage is paid down, home equity increases. For all of these reasons, it is very common for a house that is brought into the marriage to have significantly greater equity at the time of the divorce than it did at the time of the marriage. When one spouse brings a home into the marriage, many judges will attempt to calculate how much of the home equity increased during the marriage by taking the approximate home equity at the time of the marriage and deducting that from the approximate current home equity. The judge may then divide equally only the amount of the increase in equity that occurred during the marriage. The amount of the equity that was brought into the marriage will be awarded entirely to the spouse that brought it in. There is no requirement that a Judge take this approach but, as long as there is an even-handed process to how the calculations are made, and the best available evidence is used, this type of approach is well within the Judge’s discretion.

How is a marital home divided?

It might be challenging to divide the marital house. Selling the home and splitting the money is the most straightforward approach to prevent trouble. If either spouse opposes it, only a court has the authority to order it.

The problem might get more complex when small children are involved. One of the above-mentioned equitable distribution considerations is the necessity for the child’s custodial parent to remain at home. This is usually due to a wish to avoid uprooting the children.

There are several options for allowing the custodial parent to stay in the house while allowing the other spouse to partake in the home’s worth. One option is for the spouse who wishes to live in the house to purchase the stake of the other spouse. Then, to balance the scales, one spouse keeps the house while the other keeps more of the remaining assets. But, of course, this implies that there are sufficient assets to make the exchange feasible. Another option is to have the custodial parent refinance the house (assuming that the spouse qualifies for a mortgage) and compensate the other spouse with the refinance proceeds.

Another frequent alternative is for the couple to maintain the house in both names while one of them stays there and then sells it and split the money later. The youngest child’s entry into or completion of college is frequently used as the termination date. It is often the spouse’s duty who lives in the house to cover the costs of living there. This method must be handled carefully to avoid ongoing disputes about how the costs, and the ultimate home equity, will be divided.

The court will choose if the couple is unable to reach an agreement. In doing so, the court will keep in mind its responsibility to act in the children’s best interests.

If you purchased the house before marriage and have questions about division of assets or need a divorce attorney in New Hampshire? Get in touch with our team. We bring extensive experience helping individuals navigate the ins and outs of divorce.

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One of the most common questions we get is how to prepare to testify in court. Testifying can be a nerve-wracking experience.  However, our team can help you navigate testifying and work through being as confident as possible while on the stand and under oath.

Refresh Your Memory

Try to envision the scene, the items present, the distances, and exactly what happened before you testify. When you’re asked a question, you’ll be able to recall the information more precisely due to this. If the inquiry is regarding distances or time, be sure you clarify that your answer is simply an estimate. When it comes to distance or timing, be wary of legal advice if you don’t recall the exact time or distance. If you don’t get to the same conclusion on your own, don’t agree with their assessment.

Speak Your Own Language

Don’t try to recite what you’re going to say from memory. Your evidence will come off as “pat” and unconvincing if you do so. Instead, be yourself and go through the topic you’ll be questioned about in your head before the trial.

It’s Important to Look Good

In court, a tidy look and correct attire are essential. During the limited time you’re on the stand, a look that appears excessively casual or too fancy will distract the jury, and the jury may not pay attention to your evidence.

Examine your case’s strengths and weaknesses.

If you’re the plaintiff, go over what you’ll need to establish to win. Are you prepared to persuade the judge with your evidence? What can you do to counteract the flaws? Make a list of everything you need to prove, and next to each item, write down how you’ll prove it. Is it a good idea to try to reach an agreement before the trial?

Review the plaintiff’s standard of proving if you’re the defendant. Examine each of the factors the plaintiff must establish. Make a note of each item and the evidence you believe the plaintiff will acquire. Write down the flaws in each of these aspects that you may use to weaken the other side’s case.

Be truthful to yourself. The plaintiff will lose if they are unable to prove all of the case’s components. On the other hand, if the opposing side has a high probability of winning, do what you can do to reduce the damage reward.

Speak clearly.

Deliver your testimony clearly, deliberately, and loudly enough for even the most distant jury to hear and understand what you’re saying. While testifying, avoid distracting habits like chewing gum. Even if you’re responding to a lawyer’s questions, keep in mind that the inquiries are intended for the jury’s benefit.

Be a Reliable witness.

If you’re summoned to court for whatever reason, take it seriously, don’t laugh, and don’t mention anything about the case until you’re asked to testify.

Taking the Oath as a Witness

You will be sworn in before being asked to testify. When taking the oath, stand up straight, pay attention to the clerk, and say “I do” clearly.

Tell the Truth

Most importantly, you have taken an oath. Every real fact must be acknowledged. Do not pause to consider if your response will benefit or harm either party. Simply respond to the questions to the best of your ability.

Do Not Exaggerate

Make no too broad claims that you might have to amend later. When replying to a question that begins, “Wouldn’t you agree that…?” be very cautious. Your explanation should be written entirely in your own words. Allowing an attorney to speak for you is not a good idea.

Don’t speak over someone.

Stop talking for a minute if the judge or an attorney begins to speak during your testimony. However, if you believe what you have to say is essential, ask to continue speaking after the other person has finished.

Respond to the questions.

Unless an attorney requests it explicitly, don’t provide information. Answer each question thoroughly and honestly, and don’t add anything more to the conversation. After each question, you are not required to speak for five minutes if all that is required is a simple yes or no response.

Maintain your composure.

You won’t be able to help anyone if you lose your temper on the stand. On the contrary, it might land you in problems with the court and jeopardize your testimony’s credibility. Even if you have strong views about the issue, show respect for everyone in the courtroom.

Be positive and confident.

When at all feasible, give affirmative, definitive responses. If you can respond positively, avoid using phrases like “I believe,” “I think,” or “In my view.” If you know anything, say so. You can be optimistic about significant events that you would naturally recall. It’s best just to claim you don’t recall if you’re questioned about little facts that a person would normally forget. Don’t make up an answer.

Do you have questions or concerns about a legal issue you’re facing? Get in touch with our team and we can help you. With experience in criminal, family, DUI, and more, we’re equipped to walk you through the process and work toward the most favorable outcome possible.

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Basics of Child Custody in New Hampshire

Custody agreements come in different forms and sizes, but any custody decision must be made with the kid’s best interests in mind. When deciding on custody, a court will look for an arrangement that best meets the kid’s interests. Your custody order will determine physical custody (where the child lives) and legal custody (decision-making authority on behalf of the child). Parents can share legal custody, physical custody, or a mix of the two. Custody arrangements, holiday and summertime visitation, child support, and possibly transportation fees if one parent moves out of state will all be outlined in your custody order.

A judge will consider several factors when determining the child’s best interests, including each parent’s emotional and financial stability, each parent’s ability to meet the child’s needs, the child’s adjustment to the local school and community, each parent’s willingness to foster a relationship between the child and the other parent, the child’s relationship with each parent, the child’s relationship to extended family, and any other relevant issues.

Will a court change custody if one parent relocates?

Under the child relocation laws in New Hampshire, a custody order remains in place until there has been a significant change in circumstances that warrants a modification. In some cases, one parent’s move can be considered a substantial change in circumstances that necessitates adjusting custody. For example, in New Hampshire, relocation requirements usually do not apply if one parent relocates closer to the other parent or if a parent relocates inside the child’s present school district.

However, if one parent wants to relocate further away from the child’s school, the moving parent must notify the other parent in advance. A relocation notice must be in writing, including the prospective move’s location, and be delivered at least 60 days before the move. The non-relocating parent might object to the parent’s relocation and ask the court to change custody. A judge will schedule a hearing on the relocation.

What Happens at a Relocation Hearing?

At a relocation hearing, the parent who wants to relocate holds the burden of proof. The parent who is relocating must show the court that:

• The parent is migrating for a good reason, and 
• The planned place is appropriate for that reason.

The burden of proof changes to the non-moving parent to prove that the relocation is not in the child’s best interests once the moving parent has established that the transfer is legal. A judge in New Hampshire may consider the following elements when determining whether a custody arrangement is best for a child’s best interests:

• the reasons for each parent’s desire for or opposition to the transfer
• each parent’s relationship with their child
• the impact of the move on the kid’s noncustodial parent’s contact with the child in terms of number and quality
• the move’s academic, emotional, and economic benefits to the child’s life
• the child’s developmental needs 
• Each parent’s willingness to cultivate the child’s relationship with the other parent
• the child’s adjustment to the local school and community, 
• the impact of the migration on the child’s extended family relationships, and any other factors the court deems essential.

In one case in New Hampshire, the mother’s plea to move to Montana with her new husband and children was denied by the court. Even though the mother was the primary custodial parent, the court ruled that the transfer was not in the children’s best interests. A long-distance move would make it impossible for the father to maintain his bond with his children. The mother offered summer visits, but the court determined that forcing the children to choose between extracurricular activities and seeing their father would be unjust.

In a different New Hampshire case, the court barred a mother from moving to Florida with her adolescent children. The mother and father of the children met and married in Florida, and the mother desired to return to her extended family. Although the mother was offered a lucrative, flexible position in Florida, the court determined that the distance and time away from the children’s father would be detrimental to their well-being.

Do you need help understanding Child relocation laws in New Hampshire? Contact us to learn more about how we can help you.

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New Hampshire statistics are also concerning. The Granite State has about 5,000 DUI arrests per year, which is more than the national average on a per capital basis. The state takes DWI very seriously. Some barriers make it difficult to obtain your license restored once you’ve been arrested and lost your license (based on the specifics of your case).

Lawmakers believe that those who drive while intoxicated are likely to do so again. Therefore, license suspension is a typical penalty for intoxicated drivers to deter repeat violations while also punishing them for previous bad behavior. In addition, if a suspect exhibits any aggravating characteristics, such as traveling at a high speed, or having a very high blood alcohol content, then they risk an even higher loss of license.

Mandatory license suspension for drivers aged 21 and up for non-aggravated cases (the consequences are even more serious for underage drivers)

• The first infraction carries a sentence of nine months to two years in prison.
• The second offense within ten years is a three year  loss of license 
• Finally, there is the concept of a lifetime suspension for serious repeat offfenders (application for reinstatement will be allowed after five years)

Note that the above penalties do not include an additional loss of license that is imposed by DMV for refusing a breath or blood test, or testing over the legal limit.

Your driving license has an impact on your life.

If you lost your license due to a DUI, you’re probably worried about how you’ll get by. You must drive to work, shop for food, transport your children to school, and attend medical appointments. As a result, your livelihood is dependent on your driver’s license.

The sanctions in New Hampshire are serious. However, there are legal options available to you if your license has been suspended. Requesting an administrative hearing, usually sent within 30 days of your suspension, is your first option. This allows you to appeal the immediate loss of license (known as the “administrative license suspension”) based on a refusal of the breath or blood test, or testing over the legal limit.

Administrative hearings

You can challenge the legality of your arrest at the administrative suspension hearing. For example, was the cop justified in stopping your vehicle? Was there a reasonable suspicion that warranted testing? Have you had the police read your rights to you? Did an illegal search and seizure influence your arrest? These are the kinds of elements that could make your DUI arrest unconstitutional or illegal

However, you will not be allowed to make an argument for why the administrative license suspension should be removed. Your administrative license suspension could be lifted only if there were no legal grounds for the arrest.

You should also be aware that the outcome of these hearings will have no bearing on your criminal case and you may still receive a loss of license at a later time if found guilty by the judge.

DUI Classes in NH

If convicted of DUI in court, you must meet specific requirements in order to regain your driver’s license. You must take action to have your license restored after it has been suspended. You will  required to complete a number of tasks, including the following:

• Screening for alcohol and drug abuse (if the screening determines abuse issues, you might have to undergo substance abuse counseling)
• Driver education programs  managed by the Department of Health and Human Services (you will be required to submit a certificate of completion)
• Fees for administrative services 
• Documentation for insurance (proving you are insured to drive)
• In some cases you will have to install an ignition interlock device

Reinstatement of a DWI License

The required screening and treatment program is known as the IDCM (“The Impaired Driver Care Management” Program) Anyone whose license has been revoked or suspended as a result of a DWI must first undergo an alcohol and drug addiction screening process to discover if they have any substance misuse issues before having their license reinstated. If the results suggest that substance addiction treatment is recommended, the offender must complete a driver education program administrated by the Department of Health and Human Services. To have their license reinstated, they must submit a certificate of completion of this course.

Before a DWI offender’s license can be reinstated, they must complete driver education and pay all administrative fees. Before a license can be reactivated in New Hampshire, fees must be paid, and proof of financial responsibility must be provided. Furthermore, if a person is found not guilty of DUI, their license will be restored without further issues.

Have you been convicted of having a DUI and have questions on DUI classes in NH, Contact us for help learning what your rights are.

The post Which alcohol classes do I need to take in New Hampshire if I get a DUI/DWI? appeared first on Cohen & Winters.

In most circumstances, you can switch personal injury lawyers. You usually have the option of hiring an injury attorney to represent you. In addition, you have the opportunity to swap lawyers if you change your mind about who you want to represent you. Your freedom to change lawyers is subject to some restrictions. However, you can normally change lawyers at any point during your lawsuit.

Why do people change lawyers in a personal injury case?

People change lawyers in personal injury cases for a variety of reasons. However, the majority of people have the impression that something is wrong with their representation. The following are some of the reasons why people switch lawyers:

• The lawyer does not answer the phone or respond to emails.
• It appears that your issue will not be resolved any time soon.
• You want to take one path in the case, but your lawyer insists on taking another.
• The lawyer’s strategy seems incomprehensible.
• They don’t appear to have any sort of plan.
• You want to know how the legal process works, but your lawyer doesn’t seem interested in explaining it to you.
• Your lawyer puts pressure on you to accept a deal that you don’t want. As a result, you don’t trust your lawyer.
• You have an uneasy sensation that your lawyer isn’t doing their job.
• Your lawyer’s death or disbarment.

How do I switch attorneys in a personal injury case,?

To change personal injury lawyers, you must go through a procedure. Where you are in the case determines what you should do. First, you’ll need to make a substitution of counsel if you’ve already filed your court case. A replacement of counsel is a formal notice to the court and other parties in the case that you are changing attorneys. It’s easier to change lawyers if you haven’t filed a formal legal claim yet. Your new lawyer may be the one to inform your previous lawyer that you’ve decided to change lawyers. Furthermore, your lawyer can notify the insurance company and other parties that you have a new lawyer.

A downside to switching lawyers in the middle of a case is that you might owe two different legal fees

One major problem with switching lawyers in the middle of a personal injury case is that your current lawyer has likely spent time and advanced expenses on your case. This means that your current lawyer will have a “lien” against any judgment that you eventually win. Simply stated, the lawyer you fire may be able to get a chunk of your settlement obtained by the new lawyer. Some lawyers are willing to waive their lien if it’s not that much, or they just want off the case and are willing to give up a fee to get out. In other instances, the new lawyer may be willing to reduce his or her fee by the amount of the lien to make the total attorney’s fee paid the same. But if neither of these options is possible, it might be difficult to switch lawyers without significantly reducing your bottom line settlement, since you will essentially be paying two lawyer fees instead of just one. If you are considering switching lawyers then one of the first questions to ask your current lawyer is what his or her lien on the file will be if you make the switch.

STEPS TO TAKE WHEN CHANGING ATTORNEYS IN THE MIDDLE OF A CASE

Nothing precludes people who are involved in personal injury litigation from switching lawyers. It’s a very straightforward procedure.

Step 1: You should have another attorney lined up to take over your case before firing your current attorney. This will prevent your case from being postponed or possibly dismissed due to missed deadlines while you were looking for new counsel.

Step 2: With your new attorney, sign a retainer agreement. This is essential paperwork that authorizes your new lawyer to represent you in court.

Step 3: Your new attorney will then produce a “Consent to Change Attorney” form for you. This form serves as notice to the court, your current attorney, and all other parties involved that you have changed attorneys.

Step 4: Your new lawyer will also draft a “stop work” letter for you to deliver to your old lawyer. This instructs that attorney to withdraws from your case and deliver the file to your new attorney.

You should strongly consider switching attorneys if you believe you have the improper attorney for you and your case or if you are dissatisfied with your existing attorney.

Is it true that you can’t switch lawyers in the middle of a case for any reason?

Changing attorneys in the middle of a case has some drawbacks. If changing lawyers cause the case to be delayed, the court may refuse to allow you to do so. The restriction is in place to ensure that people do not swap counsel solely to postpone their cases. If you’re considering changing lawyers, it’s critical to find a new lawyer as soon as possible. The sooner you transfer counsel, the less likely it is that the court will reject the move due to time constraints.

You won’t be able to switch lawyers if the one you want to deal with has a conflict of interest in the case. Perhaps the lawyer is also representing one of the parties in a different capacity. The lawyer and the judge in charge of the case are at odds. In most cases, your freedom to pick your counsel is unrestricted; nevertheless, you may not be able to have the attorney of your choice due to conflicts of interest. Before taking your case, an attorney can check to see whether they have a conflict of interest. 

Are you in need of a personal injury attorney in Concord, New Hampshire? Contact us to learn more about how we can help you.

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The offense of which the plaintiff is now charged, whether the plaintiff testified in a prior case, and the reason for which the conviction is sought to be admitted all play a role in whether a defendant’s past conviction is admissible in a new criminal prosecution. Evidence standards control the admissibility of previous convictions, and they vary by state.

If a plaintiff loses at trial or accepts a plea deal, the court may increase the defendant’s sentence based on his or her previous conviction. This is not the same as admitting the last record as evidence at trial. Based on an earlier conviction, the court has the authority to increase the defendant’s sentence in the present case. If the offender goes to trial, the sentence might be handed down either before or after the trial. If the jury adjourns before the sentence is delivered, it may never learn of the defendant’s prior conviction.

If a plaintiff has a previous conviction for a similar violation on their record, a judge may be obligated by law to increase their sentence, such as in DUI cases. Some prosecutors are known for being zealous in their pursuit of justice. They may try to bring up extremely old or out-of-state offenses to persuade or compel a judge to increase a sentence. 

Criminal Record Laws in New Hampshire

A convicted person in New Hampshire can usually avoid admitting a previous conviction by declining to testify at trial, except for the conditions indicated above. In general, whenever a prosecutor or defense attorney wishes to bring up a defendant’s past conviction, they should tell the court. A criminal record cannot usually be used to demonstrate a defendant’s bad reputation if the defendant has not made his or her character a subject of contention. Furthermore, a prosecution cannot usually use a criminal conviction to show that a defendant has a criminal propensity.

If a criminal defendant agrees to testify, certain types of  convictions may be used against them to undermine their credibility. This is know as impeachment, and it is used to  call into question the accuracy defendant’s testimony. The rules on what types of convictions are admission for impeachment are complicated. They usually involve prior felonies or misdemeanors of dishonesty within a certain time frame. This implies that a defendant cannot be impeached if he or she has previously been convicted of a minor offense, such as possession of drug paraphernalia, that has nothing to do with dishonesty.

A judge will not always determine that a past conviction is admissible, even if the defendant agrees to testify. To evaluate whether a prior conviction should be acknowledged, most courts utilize a balancing test. The judge balances the evidentiary value of allowing the offense to be brought against the risk of prejudice to the defendant. The judge may decide that the risk is too severe that if the past conviction was for a similar offense the jury will assume that “If he did it before, he definitely did it this time.”

A prosecutor or defense attorney can usually ask for a previous conviction or series of convictions to be admitted as evidence of intention, preparation, plan, knowledge, identification, or the absence of error or accident. It is a legal question to be decided by the Judge.  There is a wide body of caselaw on this topic in all states and the federal system. In addition, judges apply the law in diverse ways. The judge’s style and the appellate decisions in the relevant jurisdiction will influence the decision of whether to admit the prior conviction. 

If you are dealing with criminal accusations and have questions on criminal record laws in New Hampshire, you should consult an experienced criminal defense attorney. Get in touch with our team at Cohen and Winters to speak with one of our experienced team members today.

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