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Melissa S Penson

Melissa Penson’s Answers

30 total

  • I called in a fake prescription refill,

    i called in a fake prescription refill, but when I called to see if it is ready the pharmacist sounded weird. When I stopped by at the pharmacy I saw an undercover officer with a gun, and I am pretty sure she was there for me. I did not pick up th...

    Melissa’s Answer

    The police cannot come to your home to arrest you without having a warrant to do so. If they see you in public committing a crime, then they can arrest you. If they see you pick up the prescription, they can arrest you then.

    I strongly suggest that you consult with a criminal attorney. Depending upon the prescription, size, amount, price, type of prescription, and your past record, you may face serious consequences. Many attorneys (such as myself) offer free initial 30 minute consultations. Please feel free to contact me. Good luck.

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  • HOw do i respond to a Petition for contempt in N.H.

    Received petition for contempt. Do I respond with an "answer" to each item? (deny, admit, etc.) or do I respond by a "objection" and explanation why its not true.

    Melissa’s Answer

    Without actually seeing the Petition for Contempt, it is difficult to answer your questions. Generally, however, you can answer the Petition for Contempt either way. Your response should include a signature line in which you sign in the presence of a notary or justice of the peace.

    Contempt Motions and Contempt hearings can be tricky, with consequences including fines, payment of attorneys fees, and eventual risk of incarceration. I suggest that you speak with an attorney with regards to this matter. Many firms, such as mine, offer free initial 30 minute consultations. Please feel free to contact my office. Good luck!

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  • Tenant has a debt over $8000 for the rent in Nashua, NH. She got evicted and moved to MA. What could we do to collect the money?

    What are the procedures and cost estimated to collect the money? Looking for a lawyer to do this job, and how much it cost?

    Melissa’s Answer

    In addition to the information provided above, if you obtain a judgment against her in New Hampshire for the outstanding debt, even though she is in Massachusetts you can either force her to come to New Hampshire to defend the action or, once you obtain a judgment in New Hampshire, you can register that judgment in Massachusetts for collections in Massachusetts. There are specific filing fees involved in each State, and additional fees include sheriff service fees and subpoena fees.

    Most attorneys do charge an hourly rate to represent you in such a matter. Total pricing can range anywhere from $1,000 to $5,000 depending upon the amount of hearings involved. Our office provides free initial 30 minute consultations. Please feel free to contact us. Good luck!

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  • My mom has physically and emotionally abused me. How can I get a restraining order against her?

    Every since my mom has gotten sergury on her neck and has been taking pain killers shes changed. I've always seemed to be the one at fault for everything and everything turns into an argument and gets physical.

    Melissa’s Answer

    If you are in fear for your safety or if your mother has hurt you or is harming you, you should contact the Manchester Police Department. I agree that you can also call DCYF if you are a minor and that you can call for a domestic violence advocate to assist you.

    To apply for a restraining order against her, you will need to go to the Manchester District Court to fill out a request for a 173-b restraining order. You will need to outline why you are afraid of her (if applicable) and how your mother has abused you. The Court may or may not grant your request initially, or the Court could schedule a hearing in which you will have to present your case to the judge for the restraining order. Your mother would have the chance to respond.

    You should contact an attorney to assist you in applying for the appropriate type of restraining order. Many attorneys, such as myself, offer free initial 30 minute consultations. Please feel free to contact my office for a consultation.

    The New Hampshire Bar Association DOVE project also has pro bono attorneys to assist people such as your self in obtaining a restraining order. You may want to contact them as well.

    Good luck!

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  • Trying to file an uncontested divorce in New Hampshire.

    I have the court papers and have paid the 205.00 to get started. The papers given to me do not seem to be for uncontested divorce. They are all about child support, etc. How do we file uncontested with our own agreed upon requirements?

    Melissa’s Answer

    I agree with the information that has been provided by the other attorneys above. When you file an uncontested divorce, if you have children there are other documents that must be completed and filed with the Court before the uncontested divorce will be finalized.

    If you do not have children, you should meet with an attorney to review the paperwork provided (and the paperwork that you submitted to the Court) to determine what additional information (if any) the Court needs. You can contact New Hampshire Legal Assistance to request a pro bono or reduced fee attorney. Our office also provides free initial 30 minute consultations. Please feel free to contact us. Good luck.

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  • My father has dementia, do i need an lawyer to draft a power of attorney document? He is willing to sign voluntarily.

    He lives in Maine.

    Melissa’s Answer

    Generally, one has to be competent (i.e. know what they are doing) when they execute and sign a power of attorney. If your father has dementia, he may be unable to effectively sign the power of attorney unless you can prove that at the time that he executed the document he knew what he was doing. You may want to consider a guardianship over your father through the probate court.

    You would benefit in speaking with both a Maine attorney and a New Hampshire Attorney experienced in probate and estate planning matters to fully understand your options. Attorney Brenda Smith-Weiss from my office is highly experienced in these matters. Please feel free to contact her at 603-883-1571. The New Hampshire Bar Association or the Maine Bar Association may also be able to provide you with a referral.

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  • I need help on where to get help and how to get it for a custody case at worst?

    my five 1/2 month old son's father wants to see his son when ever he feels fit and my plans never matter. He also does not feel fit to pay child support, because he does not make much at dunkin doughnuts and his legal bills for accidents and house...

    Melissa’s Answer

    You would benefit from consulting with a New Hampshire Attorney. The New Hampshire Bar Association may be able to provide you with a referral through the Lawyer Referral Service (603-229-0002). Many attorneys also offer free initial consultations.

    Generally, if you are seeking child support, you can complete an application and child support paperwork through your local division of child support services (DCSS). Child support can then be garnished from the father's wages by the State of New Hampshire. or 603) 668-2330; (800) 852-7493.

    To outline each parent's rights and responsibilities with regards to the minor child, you can file a parenting petition with the family division to include an Order for child support. Good luck.

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  • Hi: i was stopped by local police w/a small amount of marijuana in possesion, i was given a complaint to appear in court `

    I allowed the officer to search my veh and he found a small amount of marijuana, i did not get arrested just given a complain to appear. What can i expect to happen and do i need an attorney?? this has never happened before i have a very clean record

    Melissa’s Answer

    You would greatly benefit from a consultation from a criminal attorney, as although you were not formally arrested, you were still charged with a criminal offense. The date that you were given to appear at the Court is likely your "arraignment date" that date in which you are to enter a plea of guilty or not guilty. Based upon the facts that you provided, it is likely that you were charged with either possession of marijuana or transportation of marijuana. Both of these offenses have the potential for fines, incarceration, loss of license, and collateral consequences including affecting financial aid and certain employment circumstances. Therefore, it is very important that you understand and are aware of all consequences to this arrest before entering any plea to the charge.

    My office offers free initial criminal consultations. Please feel free to contact me. You may also contact the New Hampshire Bar Association for a referral. If you were charged with a Class A misdemeanor, you may qualify to have a public defender represent you. Good luck.

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  • Will you go to jail if your are aressted for driving on a suspended liscence for wrekless driving in NH

    my liscence was suspended for wrekless driveing already been to court and paid fine etc. however i just got aressted for drib=ving under a revoked/suspended liscence

    Melissa’s Answer

    Based upon the information that you provided above, it is unlikely that you can be sentenced to incarceration for a an arrested for driving with a suspended license. This depends, however, on how the offense was charged. If the driving with a suspended license offense was brought as a violation level offense, the maximum penalty that you can receive is a fine. If the offense was brought as a misdemeanor, the maximum penalty has the potential for 12 months incarceration.

    You would greatly benefit from speaking with a criminal attorney as there may be other collateral consequences (such as loss of license and deportation) that you may need to consider. Many attorneys (such as myself) offer free initial consultations. You may also contact the New Hampshire Bar Association for a referral. Good luck!

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  • Am I entitled to his retirement and alimony?

    I have been w/ my husband 25 yrs married 19. We have no children. I am on disability since last yr. We have assets including a home and investments.

    Melissa’s Answer

    I agree that you would benefit from a consultation with a family law attorney. Many attorneys offer free initial consultations. You can also ask for a referral from the New Hampshire Bar Association. If there is a large disparity between your two incomes, the Court could also Order your husband to pay your attorney's fees.

    Generally, in a long term marriage such as yours, all assets are divided 50/50. This means that you would receive 1/2 of the investments, 1/2 of the value of the home, 1/2 of his retirement. If the Court finds that he has the ability to pay alimony and you have the need for alimony, the Court could also award you alimony.

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