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Donald L. Blaszka Jr.
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Donald Blaszka’s Answers

221 total


  • Deferred sentencing

    My boyfriend was arrested 2 years ago and got a deferred sentence to not get in any more trouble during that time...he was arrested last August for criminal trespassing and the deferred sentence was up this last June...he has court in a few days f...

    Donald’s Answer

    In NH, a deferred sentence is a jail sentence that is "put off" for a specific period of time (2 years in your boyfriend's case) based upon certain conditions, one of which is good behavior. In a deferred sentence, the burden is on the defendant to show that he satisfied the conditions of his deferred sentence, including good behavior.

    In NH, good behavior is generally defined as no new arrests or convictions for any misdemeanors, felonies or major motor vehicle offenses. Good behavior could include arrests or convictions for any offenses other than minor motor vehicle offenses. In NH, there is no such person as the "DA." The State is represented by the prosecutor or the County Attorney's Office.

    If your boyfriend was arrested for criminal trespass, that offense is often a misdemeanor. Therefore, your boyfriend is facing imposition of the deferred sentence and the burden is upon him to show why the court should not impose the deferred sentence. Your boyfriend should immediately consult with an attorney.

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  • Can they convict on a .06 dwi

    I was pulled over for speeding 60 in a 45. After doing some field sobriety test, which I thought I did fine on, I was arrested. The cops took me to the station and I agreed to blow. The result was a .06....I thought I was going to be able to leave...

    Donald’s Answer

    You need to retain an experienced NH DWI defense attorney to represent you in this case.

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  • Can jails stop all prescribed medications when you begin incarceration?

    I was arrested and held on pre trial. The main mental health issues were insomnia due to sever anxiety. I am on medications for both. I filed the proper paper work during my intake and filed requests to see the jail psychologist and was denied eve...

    Donald’s Answer

    The simple answer is yes. The jails determine whether or not you will be issued any medication and if it is considered necessary.

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  • My question concerns expungement in NH. Can I still get an expungement if I have been convicted of crimes since then?

    I completed probation two years ago for a receiving stolen property charge. The conviction was four years ago. Recently I was convicted of Driving after suspension and failure to appear in a different state. My question is, does this ruin my chanc...

    Donald’s Answer

    First, it is called an annulment not an expungement. If you just got convicted four years ago for a felony receiving stolen property and had two years of probation, then you are not eligible for an annulment yet.
    Second, a driving after suspension would hurt your chances for an annulment. You need to consult with an experienced criminal defense attorney regarding the details of your conviction and future petition to annul.

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  • Why was I charged with felony reckless endangerment (in NH) when I pointed a gun at myself and no other?

    I was intoxicated and was arguing with husband. I pointed gun at my head. Husband retrieved gun. 911 called. First I was taken into protective custody. Then I was arrested, never read my rights, jailed for 15+ hours. Asked for lawyer after 5 hours...

    Donald’s Answer

    You should retain an experienced NH criminal defense attorney to represent you in your case. The police do not need to read your Miranda rights to you unless you are subject to custodial interrogation. The police also do not have to contact your husband regarding the arrest and do not necessarily have to provide an attorney for you prior to your release. A no contact order is not unusual for someone arrested in a case like yours but you should speak with an attorney regarding that issue.

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  • Does the prosecution have a case?

    My friend is being charged with transportation of Marijuana and driving under the influence. The Marijuana was in a sealed backpack in her car at the time of an accident in which she was knocked unconcious for several hours. The police report lis...

    Donald’s Answer

    Your friend should hire an experienced criminal defense attorney to represent her in her case. A police officer does not have read a suspect her Miranda rights - only during custodial interrogation.

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  • Where can i find a sample motion to ask the NH District court to reopen a 1989 DUI/DWI case and remove the IDEP requirement?

    After 25+ years, NH still has this requirement as pending. I would like a sample motion to ask the NH District court to remove the IDEP requirement since I have not drank in over 10 years. Thanks for any help.

    Donald’s Answer

    You need to hire an attorney to assist you with this issue. There are no sample motions that you can find to ask the court for this relief. Additionally, you most likely will not be able to get this requirement removed absent approval from the department of safety. The IDEP formerly IDIP is a statutory requirement that you should have completed 25 years ago.

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  • If I got arrested for a motor vehicle for not turning on my lights, will the state send a notice saying I will lose my license?

    I got arrested for not having my lights on and they found weed in my car .. I'm 17 years old ... Will they suspend my license after I go to court or would I get a notice from the state before my court date ?

    Donald’s Answer

    If you are 17 in NH, you are an adult for criminal law purposes. If you are convicted for possession of a controlled drug, you are facing a minimum fine of $350 plus $84 penalty assessment as well as a minimum suspension of your license for 90 days. The DMV can also suspend your license. You would not get a notice prior to a conviction. I suggest that you contact a NH criminal defense attorney to represent you in your case.

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  • My son was arrested for 1 gram of marijuana possession in New Hampshire. Should he get a lawyer or go to court on his own.

    My son was arrested for 1 gram of marijuana possession in New Hampshire which is still considered a misdemeanor in that state. He feels he can represent himself in court and hopes to get off with a fine and community service. I do not want this ...

    Donald’s Answer

    I highly recommend hiring an attorney to represent your son in court for this case. Your son is facing up to a year in jail and or $1,000 fine plus a 90 day loss of license if he is under 21 years of age. Many young people receive a lot of misinformation and or urban legends about how the court process works.

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  • If arrested and did not receive my rights. how do can i prove this ?

    got pulled over for suspended lic. and revoked plates. never got notifacation of this due to a move. but nothing was forwarded to my new address.

    Donald’s Answer

    In NH, you are required to notify the DMV of any address changes. You cannot simply notify the post office of your address change or forward your mail.

    The police do not have to read your Miranda rights to you when you are arrested. The police only have to read your Miranda rights to you if you are subject to custodial interrogation.

    In NH, under RSA 263:64, if the DMV records indicate that the notice of suspension was sent to the address listed at DMV and the mail was not returned, it is presumed that you received the notice. The prosecution does not have to prove that you knowingly drove while suspended since the offenses is a violation. You should hire an experienced NH criminal defense attorney to represent you in your case.

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