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Donald L. Blaszka Jr.

Donald Blaszka’s Answers

212 total


  • I got arrested after being certified a habitual offender they say its a felony should i decertify and get my license before cour

    I got arrested after being certified a habitual offender they say its a felony should i decertify and get my license before court? All i have to do is take a lass and get an sr22 and then i can have it back? If I do this and show them I am no long...

    Donald’s Answer

    You will not be able to get decertified before court because you drove during the time of certification. One of the first questions that the Hearings Examiner asks you during the Decertification hearing is whether you drove during the time you were certified as an Habitual Offender - you are under oath during the hearing and must be truthful.

    The hearings examiner will also know that you were arrested for Driving While Certified as an Habitual Offender because there will be a notation that the arresting police department requested a certified copy of your motor vehicle record. You are facing a mandatory jail sentence and should retain an attorney to represent you in your case. I am available for a consultation at 603-434-4125.

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  • First time stealing shampoo from walmart.

    daughter just got caught stealing shampoo from walmart and the police were called and they took her info and photo. The police woman said she would contact my daughter in 2 weeks. My daughter is going to school to be a teacher and she is afraid ...

    Donald’s Answer

    First, in NH, your daughter will be considered an adult if she is 17 for criminal cases. If she is under 17, she would then would go to family court where she would face a delinquency petition. If she is a juvenile, then the police would serve you or her father with the delinquency petition to go to family court for this incident.

    If she is 17 or older. the officer most likely will be seeking an arrest warrant. Once the officer obtains an arrest warrant, he or she will contact your daughter to turn herself in for booking and processing - she will be released on her own recognizance for an arraignment within 30 days.

    "Expungement" does not exist in NH - it is called an annulment. As one of the other attorney mentioned above, you cannot simply get it annulled when you are currently facing the criminal charge.

    I agree with the other attorneys that you should hire an experienced criminal defense attorney to represent your daughter in this case. If she wants to be a teacher, she needs to realize that any criminal activity such as stealing will impede her potential to get a job as a teacher. I am available for a consultation at 603-434-4125.

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  • Please i need advice or help, im looking at my second charge of willful concealment(shoplifting) in New hampshire with a kid

    Well earlier this year before mothers day i was caught stealing at Kohls and gave everything back was arrested and charged with willful concealment mis B, Well when i went to court i noticed i was getting charged with a mis A and the judge hit me ...

    Donald’s Answer

    You should apply for a court appointed attorney to represent you in your case. You can do that at your next court date in December which is your arraignment.

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  • Can an individual request disclosure of evidence against them for a class b misdemeanor?

    Class b misdemeanor

    Donald’s Answer

    You are asking about the discovery process where the State through the police department or its prosecution office must provide you copies of the police reports, statements, lab reports and or other evidence such as photographs or videos that it intends to use during trial. Send a written request to the police department or its prosecutor and request that it provide discovery to you.

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  • How does a first time OUI offender in MA with a NH license obtain a MA hardship license?

    From everything that I have read this is NOT possible. How does someone like myself who works in MA but lives in NH continue to work?

    Donald’s Answer

    Generally, you cannot obtain a hardship license in MA with a NH license.

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  • What if MAll security asks me to leave

    what if MAll security asks me to leave and they think or I make it sound like I refuse to leave and then they go to call the police and I then go to leave then what happens? and agree to leave then at that?

    Donald’s Answer

    In New Hampshire, if Mall security orders you to leave the premises and you refuse to do so, then you can be arrested for criminal trespass, which is a Class A Misdemeanor punishable up to 12 months in jail and or a $2,000 fine even if the police arrive after you leave. If you "make it sound like you refuse to leave," then you have potentially committed Criminal Trespass. If Mall security tells you to leave, then leave immediately.

    Depending upon more specific facts not provided, you could also be cited or arrested for Criminal Trespass as a violation level offense, which is only punishable up to $1,000 fine.

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  • My husband is in county jail in Massachusetts. He has a misdemeanor warrant from NH. Will Ma realease him

    He is due to be released next week. Wondering if NH will pick him up

    Donald’s Answer

    If New Hampshire authorities placed a detainer on your husband for the warrant, then MA will notify NH in order for NH to pick him up. However, if a detainer has not been placed on him, then MA will release him. I would expect that NH has not placed a detainer on him because it is a misdemeanor unless it is a more serious misdemeanor offense.

    I suggest contacting a local criminal defense attorney to represent your husband in his NH case which would include his surrender to the police department on the misdemeanor warrant.

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  • I'm being accused of reckless conduct but warrant hasn't been set for my arrest yet. Do not have a criminal rec... What do I do?

    The only time I have ever been in trouble with the law was turning right on red & getting pulled over. Charges were lessened to negligent driving & I had to pay a town ordinance fee for parofinalia but believe I do not have any "drug charges" or ...

    Donald’s Answer

    You need to retain an attorney to represent you in your case. An attorney can assist you in helping you surrender yourself when the officer obtains the warrant. You should not speak with the police at this time until you speak with an attorney.

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  • Have hardship license in MA -- Convert to NH?

    I have a hardship license issued by the state of MA. The hour restriction is on there through 2017. I now live in NH, and want to get a NH license. They do not offer hardship licenses here.

    Donald’s Answer

    New Hampshire does not have a hardship license and will not issue a driver's license to you while you have a Massachusetts driver's license that is suspended through 2017. While you may be able to drive under Massachusetts law to work, you technically have a suspended driver's license.

    If you go to the New Hampshire Division of Motor Vehicles and attempt to obtain a NH driver's license, the clerk will check your license status in MA and see that you are suspended in MA.

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  • If a voluntary confession is made to police without miranda is that admissible in court?

    If a defendant made a voluntary statement to police confessing to possessing drugs without receiving miranda however they were in a psychiatric room in a hospital while being questioned which would seem reasonable to believe they could not leave w...

    Donald’s Answer

    If the defendant made the statement voluntarily with Miranda warnings, it will most likely be admissible during the defendant's trial. The analysis is very fact specific. You should retain an experienced NH criminal attorney to represent you in your case.

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