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Donald L. Blaszka Jr.

Donald Blaszka’s Answers

209 total


  • Can the D.A. bring up old charges that I was found innocent of, due to a willful concealment charge of $91.00?

    Many years ago I had trial twice for a house invasion, first one was dismissed, second one I was acquitted, can the prosecutor bring up this information to the courts when I am having a bench trial for the willful concealment charge?

    Donald’s Answer

    First, in NH, there is no such thing as a "D.A." You may be referring to a prosecutor or assistant county attorney. Generally, if you are acquitted of an offense, the prosecutor cannot bring up this information to the trier of fact (in your case, the judge) during the trial. You should speak with an attorney about this issue.

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  • Can a court change your charge from a class b misdemeanor to a class a before the arraignment? - Operating after suspension

    I was charged with a class b misdemeanor and then got a letter in the mail stating that I was being charged with a class a misdemeanor. I have the court papers from the day I was arrested stating my charge how can they make it more than what it wa...

    Donald’s Answer

    In New Hampshire, the prosecutor is allowed to amend the charge against you right up to your arraignment date as well as add any other criminal charges. You should retain an experienced criminal defense attorney to represent you in your case.

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  • URGENT help needed regards to a Mass restraining order and a New Hampshire police call stating that I am in violation. HELP!

    HELP. I received a phone call today from the police department in New Hampshire saying that I am in violation of a restraining order issued in Mass and that they are going to issue a warrant for my arrest. I did not know anything about a new res...

    Donald’s Answer

    You should contact an attorney to help you contact the police to surrender on the arrest warrant during business hours. The police will hold you without bail pursuant to NH law because it is a violation of a protective order - it doesn't matter if it is issued by a MA court. Therefore, having an attorney help you with this process will hopefully prevent you from being incarcerated over the weekend before going before a judge during your arraignment.

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  • Is it illegal for a 16 year old girl to have sexual relations with a 19 year old man in the state of New Hampshire?

    It is consensual.

    Donald’s Answer

    It is not illegal in New Hampshire for a 16 year old to have a consensual sexual relations with a 19 year old barring any other disability that would prevent the 16 year old from consenting. The age of consent in NH is 16.

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  • What will happen in court? I was convicted of filing a false police report.

    I got into a car accident. U was the driver of the car. I told the police I was not the driver and was only filed with filing a false Police report. I came clean and told the police later that week I was the driver of the car. She was understan...

    Donald’s Answer

    False Report to Law Enforcement can be charged as a Class B Misdemeanor punishable up to $1,200 fine plus 24% penalty assessment or a Class A Misdemeanor punishable up to a $2,000 fine plus 24% penalty assessment and or 1 year in the county jail.

    I would advise that you hire an attorney immediately to represent you in your case. You are currently a senior in college and a crime of dishonesty on your criminal record would be detrimental to your employment prospects particularly in the education field.

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  • Should I plead guilty or not guilty to a class B misdemenour of possession and transportation of marijuana?

    I got pulled over for a late inspection sticker and the cop smelled weed and asked if I had any. Being the honest person I am I told him yes and gave him my bowl and he arrested me and later searched my car and found about 3 grams of weed. I have ...

    Donald’s Answer

    I suggest that you retain an experienced criminal defense attorney to represent you in this case. You are facing a mandatory fine of $434 and a mandatory loss of license if you are under the age of 21. You would also be ineligible for federal student financial aid for at least one year and have a criminal record.

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

    I was arrested for petty theft at the mall (items costed less than $950), and I'm wondering what I should do. I was cuffed, brought to the station and booked. This is my first ever criminal charge, and first time ever getting in trouble. I don't h...

    Donald’s Answer

    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 "getting deferred" - in NH, cases are not deferred. You need to speak with an attorney that practices in that court to explain the court process and potential penalties you are facing for the offense of Theft.

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  • My 18 yr. Old daughter was arrested for two mistermeanor marijuana charges for possession and she was parked with another person

    Who was underage but also had marijuana on her and the arresting officer doesn't show up can it get thrown out? Or if convicted how long does it stay on her record? How should she plea? We were told that she doesn't need a lawyer. Is that true?

    Donald’s Answer

    You should hire an attorney to represent your daughter. The arresting officer will appear in court because he will be notified by his department's prosecutor to attend the trial. Unfortunately, there is an urban legend that police officers do not show up for court sometimes - in NH, it is rarely happens especially in a small town such as North Hampton.

    If convicted of a Class B Misdemeanor, your daughter's conviction will be on her record forever unless she files a petition to annul to erase the record of her conviction - she must wait a minimum of 3 years before she can do that.

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  • Second offense marijuana possession. What to expect? Probation? Drug classes? Loss of License?

    I was 17 the first time, I payed a $434 dollar fine in court. Both times I had less than a gram on me. I did not get arrested, the officer wrote me a summons in both of these incidents. I am now 18 and am wondering if I will just receive another f...

    Donald’s Answer

    You will be facing an enhanced fine and a definite loss of license if found guilty or plead guilty. You should hire an attorney to represent you in your case.

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  • Will I be put in jail?

    I forgot about a deferred sentencing hearing in September 2013 and missed it. When I became aware of it I contacted the Prosecutor to get a court date. Overall it has taken about a month to get everything sorted out and I finally go to court tomor...

    Donald’s Answer

    Based upon the information that you provided and that you have not committed a new offense, I would expect that you would not serve the 30 day jail sentence.

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