Monday, February 27, 2012

Disobeying a Police Officer in NH

  Disobeying a Police Officer in NH

Getting into a high speed chase, increasing your speed in an ill-advised escape attempt and jumping from your moving car after you collide with a tree are all behaviors that are frowned upon per the motor vehicle code. Likewise, lying to the police or refusing to produce your license and registration when asked to do so will not benefit your station in life, (unless you are trying to go to jail).

The Disobeying a Police Officer statute prohibits certain conduct when you are driving or in charge of a vehicle. 


You cannot:
  •     Refuse to give your name, address, date of birth upon request by an officer;
  •     Give a false name to an officer or give any false information that would hinder the law        enforcement officer from identifying the person in charge of the vehicle;
  •     Purposely neglect to stop for an officer or elude pursuit;
  •     Refuse to produce your license or registration upon demand by the officer;



Can a Cop Pull You Over Without Probable Cause?

Clients are often charged with Disobeying a Police Officer for neglecting to stop or attempting to elude pursuit. Sometimes it's as simple as not seeing or recognizing that the officer is trying to pull you over as opposed to another motorist. Sometimes it's an all-out high speed pursuit.

By statute, a conviction under this section of the Disobeying a Police Officer statute, neglecting to stop or willfully attempting to elude pursuit, is a class A misdemeanor and carries a minimum mandatory $500 fine. (A Class "A" Misdemeanor is punishable by up to a year in jail and a $2,000 fine). Further, if you elude pursuit and cause serious bodily injury in the process you are facing a Class B Felony.

Penalties:

Disobeying a Police Officer is a serious crime. Depending upon the circumstances you may be facing a Felony or Misdemeanor and a likely jail sentence. The court (or in some cases DMV) may suspend your license. Disobeying a Police Officer is a "major" motor vehicle offense towards certification as a Habitual Offender and carries demerit points towards a license suspension.

It is advisable to hire an experienced trial attorney.

The Law Office of Shepherd & Osborne 

351 Main Street 

Nashua, NH 03060 

www.shepherdandosborne.net 

Phone: 603-595-5525

Fax: 603-595-5533

Emails:
Mark@shepherdandosborne.net
Justin@shepherdandosborne.net

 





Thursday, February 23, 2012

Parole Setback Laws In New Hampshire

PAROLE SETBACK in NH

On February 10th, 2012 the New Hampshire Supreme Court, in Gentry v. Warden, Northern New Hampshire Correctional Facility ruled that parolees are not entitled to pre-hearing credit against their parole setback.  Stated differently, if you violate parole and sit for 50 days waiting for a hearing, this 50 days is not credited toward your 90 day parole setback.

Mr. Gentry was arrested on a parole violation warrant and sat in prison until his parole revocation hearing some 55 days later.  The parole board issued a 90 day parole setback.  Mr. Gentry argued that he was entitled to 55 days credit toward this 90 day parole setback.  His request was denied by the parole board.

The New Hampshire Supreme Court disagreed with Mr. Gentry and his quest to receive 55 days of pre-hearing credit.  While, “…the fact that some parolees serve more time in custody than others is an unfortunate consequence of a system that cannot act instantaneously and occasionally errs,” RSA 651-A:19 “did not permit the parole board to credit the time the petitioner spent in confinement between his arrest and revocation of his parole against his ninety day re commitment period “  as “The second sentence of the statute, RSA 651-A:19, I, explains that whatever time the parolee spent confined after arrest but before revocation of parole is to be credited against the maximum sentence.”

For More information Regarding Parole in NH Contact
The Law Office of Shepherd & Osborne

351 Main Street
Nashua, NH 03060

Monday, February 20, 2012

Should I Take a NH Field Sobriety Test?

                                   New Hampshire Field Sobriety Tests (FST's)

Everyone has an opinion about Field Sobriety Tests ("FST's"). Police, prosecutors, and other members of the law enforcement community will likely tell you that FST's are the best way to determine if someone is impaired by drugs or alcohol, short of a breath test.

You may be arrested for DUI if the police believe that you did not perform well on the field sobriety tests where you walk the line and touch your nose, then we look to see why. We inspect the surface area where you were told to do the tests. We inquire as to whether the officer properly instructed you on how to take these "tests". We inquire as to whether you have any medical conditions that would have hindered your ability to perform these roadside contortions.

Most defense attorneys will tell you FST's are the biggest joke going and that their results are unscientific, unreliable, and mislead judges and juries all over the country.

Where do Justin and Mark stand on this issue? Well, their answer is simple – it doesn't really matter what police and lawyers thinks about FST's.

What matters is this: Does your JUDGE buy into the FST propaganda.

If you are in front of a judge who is skeptical about FST's, then it may not matter how "badly" you did on them. On the other hand, if you have a judge who thinks that FST's are as reliable and precise as the Hubbell telescope, then all the fuss about their unreliability isn't going to matter either.

Should I Take The Field Sobriety Test?

As a rule, Mark and Justin would recommend that you not take them – period. After all, if you don't take any FST's, then you won't have to worry about what your judge thinks about them. If he doesn't have any FST's to consider during your trial, then they can't be used against you.

Exercise Your Rights, You Can Simply Say No!

As a rule of thumb, if the police officer stopped you for speeding, going through a stop sign, or some other minor traffic offense, then there should not be any reason to get you out of your car in the first place. His focus should be to write yo u a ticket or give you a warning and then send you on your way.

However, if he is asking you to step out of the car so that he (and other motorists) can watch you put on a balancing act, you probably should conclude that he has already made up his mind that you are drunk. The FST's are just a way of gathering evidence against you to be used in court. Don't buy into the whole "I just want to see if you are ok to drive." If the officer thought you were ok to drive, then he wouldn't be asking you to do FST's.

Of course, we have all heard stories about the friend or the crazy uncle who passed the FST's with flying colors, got a high-five from the officer, and was sent on his way.

Well, we don't see those cases. Instead, we see cases where normal everyday people get arrested because they couldn't stand on one foot for 30 seconds or touch their nose to an officer's satisfaction.

Our advice is simple: if you have not been drinking and you are certain that there is no alcohol in your system then POLITELY say "No thank you" to FST's and insist on a breath test.

If you know that you do have alcohol in your system and you are not sure how you'll do on the FST's, then don't leave it to chance.

Lastly, consider this: Many (if not most) people cannot perform the field sobriety tests when they are sober and have not touched a drink. Then, WHY would you even attempt these acrobatic tests on the side of the road when you HAVE been drinking. For questions, please call or e-mail us.

Our telephone number is: 603-595-5525


SHEPHERD & OSBORNE
351 Main Street, 2nd Floor
Nashua, NH 03060
Phone: 603-595-5525
www.shepherdandosborne.net

Emails:
Mark@shepherdandosborne.net
Justin@shepherdandosborne.net

Friday, February 10, 2012

Criminal Defense Lawyer in NH

                                             Criminal Defense Attorneys in New Hampshire

 Attorneys Justin Shepherd and Mark Osborne are dedicated Criminal Defense Lawyers in Nashua NH. They have handled many DWI/DUI's in NH as well as misdemeanors, felony charges, drug charges, domestic violence and sexual offenses in Nashua, New Hampshire, Manchester, NH, Hudson, NH, Derry, NH, Portsmouth, NH and more.

CALL ANYTIME! EMERGENCY CALLS 603-595-5525

Mark and Justin are fired up and ready to defend you. You can reach them day or night during the week and the weekend. They realize that most arrests and police action do not occur at the most convenient hours for you and your family. Mark and Justin are happy to meet with you after hours or during the weekend if necessary.

Mark and Justin are ready to take your call and to help you and walk you through an arrest, an accusation, a police interrogation, a motor vehicle stop, and any other random police action that can ruin your life and rock your world without warning.

Mark and Justin treat their clients the way they would want to be treated if they were suddenly arrested or accused of a crime. Which is why they are always available and why they do not charge any consultation fees.

As defense attorneys and former prosecutors, Mark and Justin know what it is like to speak to a judge or jury from both sides of the courtroom. They can give you a realistic idea of what your prosecutors and your arresting officers will try to do to you.

If your life has just been derailed by an arrest, an accusation, or unwelcome police action, then call Mark and Justin. They will fight to get you back on track.

Our telephone number is: 603-595-5525




Free Consultations!

The Law Office of Shepherd & Osborne
351 Main Street
Nashua, NH 03060
www.shepherdandosborne.net
Phone: 603-595-5525
Fax: 603-595-5533
Emails:
Mark@shepherdandosborne.net