Donald L. Blaszka Jr.’s Answers

Donald L. Blaszka Jr.

Londonderry Criminal Defense Attorney.

Contributor Level 11
  1. I live in NH got two DWI's in a 2 year period, my license was revoked for 3 years,there anything i can do to get it back sooner?

    Answered over 2 years ago.

    1. Donald L. Blaszka Jr.
    2. John J. Tenn
    3. James C Forslund
    3 lawyer answers

    If you live in NH and are arrested for a DWI, 2nd offenseb in NH within 2 years of your prior conviction, you are facing the following minimum penalties: $750 fine + $180 penalty assessment, 3 year loss of license, 30 consecutive days in jail followed by 7 consecutives days at the residential Multiple Offender program and installation of an ignition interlock device for a minimum for 12 months and up to 2 years. You are facing a maximum sentence of 12 months in jail and or $2000 fine....

    2 lawyers agreed with this answer

  2. Petty theft. Should I apply for a public defense attorney, a private attorney, or even use an attorney at all ?

    Answered 2 months ago.

    1. John M. Kaman
    2. Sandra A Kuhn Esq.
    3. Donald L. Blaszka Jr.
    3 lawyer answers

    In New Hampshire, there is no such offense as "petty theft" for allegedly stealing $950 of merchandise at the mall - until a few years ago, any theft over $500 was a Class B Felony (now the goods must be valued at $1,000 or more). You should definitely hire an attorney to represent you in this matter or complete the financial affidavit for a court appointed attorney - you should have been given the application when you were bailed from the police station. You asked about the likelihood of...

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  3. Im representing myself in my DWI case can i win.

    Answered 7 months ago.

    1. Ryan Lansing Russman
    2. Donald L. Blaszka Jr.
    3. Ted Harvatin
    4. Jennifer L. Ellis
    4 lawyer answers

    You are referring to the Administrative License Suspension form that the officer reviewed with you after he or she arrested you for DWI. The refusal can be used against you during your trial in court. You would face fines, loss of license and other penalties if found guilty. You will also face a separate suspension through the Department of Safety for refusing to submit to the blood test (in violation of NH's implied consent law). It is not an automatic suspension. You have a right to...

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  4. If i have a misdameanor warent in nh and move to mass will i get extradited from mass

    Answered over 1 year ago.

    1. Donald L. Blaszka Jr.
    1 lawyer answer

    If you simply move to Massachusetts, nothing will happen unless leaving New Hampshire or living in New Hampshire was one of your bail conditions. If you fail to appear for your sentencing hearing, the court will issue a bench warrant for your arrest. If NH authorities know where you are living and are willing to extradite you from Massachusetts, then MA authorities can arrest you, hold you and wait to see if NH will obtain a Governor's Warrant for your return to NH. Generally speaking, it...

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  5. Can a witness be charged criminally by talking to a suspect about the case that is involved?

    Answered over 2 years ago.

    1. Donald L. Blaszka Jr.
    2. Leonard D. Harden
    3. Albert Hansen
    3 lawyer answers

    Your friend should definitely speak with an attorney about this matter - I would need to have a lot more details about the case such as: your friend's involvement as a witness, the type of criminal charge, which law enforcement agency, etc. in order to give an educated answer.

    1 lawyer agreed with this answer

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  6. Contact with victim

    Answered over 2 years ago.

    1. Donald L. Blaszka Jr.
    1 lawyer answer

    Your son should contact the prosecutor's office and speak with the prosecutor or the victim/witness advocate. Your son should not contact the defendant or his family at this point. Once a defendant is arrested and is prosecuted by the State, a victim cannot "drop" charges and settle out of court. People do not "press" charges - the State through the prosecuting authority (Police Department or County Attorney's Office) will make the decision on how the case is handled. Your son has the...

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  7. My fiance completed paperwork on 7/2 to transfer his probation from MA to NH. Can NH reject?

    Answered about 4 years ago.

    1. Donald L. Blaszka Jr.
    2. Ricardo A. St. Hilaire
    3. Juan Carlos Garcia Jr
    4. Jeremy Pratt
    4 lawyer answers

    New Hampshire generally accepts transfers of probation from Massachusetts if it is a felony. In my experience, I have not heard of NH rejecting a transfer from Massachusetts for a felony conviction. If your fiance received a Continued Without A Finding (CWOF) disposition, Massachusetts probably will not transfer to New Hampshire since it is not a conviction. New Hampshire will most likely reject a misdemeanor transfer of probation based upon my experience. Some of the "border" district...

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  8. Told that i had right to an attorney when i was read my rights. now im now finding that to be false. can i get case thrown out?

    Answered 3 months ago.

    1. Albert Hansen
    2. Donald L. Blaszka Jr.
    3. David Allen Brooks
    3 lawyer answers

    You cannot simply have a case dismissed (or "thrown out") simply because of a Miranda violation. In NH, you are entitled to have court appointed counsel if you are facing an offense where you face the possibility of incarceration. If you are not facing any potential jail time, then you need to hire your own attorney. You should contact a local attorney who practices criminal defense to represent you in your case.

    1 lawyer agreed with this answer

  9. Do I have to go to court?

    Answered 4 months ago.

    1. Sandra A Kuhn Esq.
    2. Ricardo A. St. Hilaire
    3. Donald L. Blaszka Jr.
    4. David Scott Carron
    4 lawyer answers

    In NH, you will need to remove the default and pay your fine in full. You could contact the court and pay the default fee over the telephone and file a motion to remove the default (and vacate the likely bench warrant). Once you resolve the default/bench warrant and pay your fine, you will then receive a notice of cleared default which you will need in order to reinstate your driver's license. You cannot drive until reinstated and the NH DMV will not reinstate your license until you clear...

    1 lawyer agreed with this answer

  10. What is the proper motion to change a condition of my bail in New Hampshire? It is a Misdemeanor B interference w/custody.

    Answered 4 months ago.

    1. Donald L. Blaszka Jr.
    2. Ann Thompson Bennett
    3. Sandra A Kuhn Esq.
    3 lawyer answers

    In order to amend or change your bail conditions, you must file a motion to amend bail conditions in the court where the charge is pending. You must provide a copy of the motion to the prosecutor's office. The court will then schedule a hearing on the motion to determine if the bail conditions will be amended or changed. You should retain an experienced criminal defense attorney to represent you in your case.

    1 lawyer agreed with this answer