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Donald L. Blaszka Jr.

Donald Blaszka’s Answers

212 total


  • Child's classroom helper molested my son, but charges are not being brought - do I have any options?

    Child is 6yo first grader who did not perform well during initial questioning (lacked interview focus/details). Prosecutor feels like the child would not perform well being questioned by a defense attorney if it went to trial. However, suspect mis...

    Donald’s Answer

    Polygraph results are inadmissible during a criminal trial. Probable cause is a standard used by the police to obtain an arrest warrant or search warrant in a criminal proceeding. The police determine what course the investigation will take and if the prosecutor determined that alleged victim would not testify well during trial, then the suspect will not be prosecuted.

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  • I was sentenced to jail about 5 years ago in the state of NH, I did not go and there is a warrant. I want to turn myself in

    I was told to report to Rockingham county jail by 5pm. I did not go.This was for a DWI..In the Hampton Court. I was scared and drinking a lot at the time. I have been sober now for over 4 years. I would like to turn myself in and get this all clea...

    Donald’s Answer

    You will need an experienced NH criminal defense attorney to not only assist you in clearing up the warrant and potential prosecution for failing to report to the jail, but you will need assistance to help get your license reinstated. If your DWI conviction is from 5 years ago, the law has dramatically changed and you will have to complete the new programs and requirements in order to get your license reinstated.

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  • What evidence does a trooper need to convict on a dui charge in NH?

    it was roughly 130am. I was not speeding. I swerved a bit trying to text my wife. the trooper started tailgating me after for about 2 miles. I was unaware he was a trooper and made a quick lane change, signal and all to get out of his path. h...

    Donald’s Answer

    The trooper can testify during trial regarding your driving, his observations of you, your performance on the field sobriety tests and any statements that you may have made in order to prove that you were impaired.

    In NH the prosecutor only has to prove that you were impaired to any degree. The portable breath test is admissible evidence against you during a trial. You may believe that you performed well on the tests but the trooper may have observed enough clues of impairment where the judge would find you guilty. And your refusal can be used against you under NH law. Your driving record does not matter during trial and texting while driving is illegal in NH. You need to hire an experienced NH DWI attorney to represent you in your case.

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  • 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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