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James David Rosenberg

James Rosenberg’s Answers

4 total

  • I got pulled with 14g of marijuana and a scale in NH misdemeanor charge first time , possible outcome?

    have done diversion in Vermont, NH cops said they found no record for me.

    James’s Answer

    In NH, possession of a modest amount of marijuana continues to be treated as a criminal offense although there are non-criminal results which may be possible through effective negotiation and defense of the case. The fact that it is a crime, however, means that the case ought to be taken seriously. Simple possession of marijuana is a misdemeanor, but the facts that you suggest exist here could give rise to more serious consequences. Possession with Intend to distribute can be treated as a Felony, which is a more serious criminal offense. Law enforcement often view the possession of a scale (or cash and other items) as indicative of an intent to distribute, which could cause a prosecutor to threaten more serious offenses and penalties or even bring additional charges. Many New Hampshire courts and counties rely on diversion programs for first time drug offenses involving younger offenders. These programs often offer opportunities to resolve a case without a criminal conviction by taking part in programing, substance counseling, community service and the like. The facts of the case and your personal background are also important when considering how best to either negotiate or contest the charge. The reason for the stop, the interaction with the officer, the way in which the police searched and discovered the alleged marijuana all are areas, among others, that could supply issues to defend the case. Collecting information regarding you and your background and then blending that information into effective conversations with a prosecutor may also assist in negotiation. In the end, where you are facing a criminal charge, we recommend securing the services of a lawyer that is familiar with the charge and the locality to assess the case and defend the charge. Based on limited facts, it is impossible to fully analyze the potential outcome and defenses, you ought to follow up with a qualified NH criminal defense attorney.

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  • 18 yo college student arrested and charged with unlawful transportation of alcohol and license prohibition, no priors

    No criminal record. Advised to use free college legal service. Should we hire criminal attorney?

    James’s Answer

    Transportation of Alcohol is a violation, which is not a crime. I am not certain what you are referring to when you say, "license prohibition" - I would need to know more about that charge to understand if it is a crime or violation and assess the potential consequences. Transportation of alcohol does have some difficult consequences - a conviction typically leads to a fine and a 60 day license loss. Smart people that research their rights can have reasonable conversations with local prosecutors in low level matters, securing fair results. However, even smart, informed people that are unfamiliar with the system can get run over a bit by a local prosecutor and suffer unintended consequences, a license loss in this instance for example. It is helpful to have the advice of an attorney to understand the exposure of a charge, the potential for reasonable negotiation and the characteristics of a particular court. The information you have supplied is limited and therefore there may be other issues in the case that are important - the reason for the stop, the interaction with the officer and how the officer discovered any alleged alcohol all could present potential issues in defense.

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  • Will I get arrested if. for trespassing

    Will I Get arrested if I Stop at the early edge of a parking lot of a condo or apartment place that says no tresssasing, for only 2 or 3 seconds to take a pic of the lake and or press a place in my gps to go to where I need to or ,to look at the m...

    James’s Answer

    The answer to this question depends on whether or not a report of your presence is made to law enforcement. A police officer or resident could contact the police and police could respond to make contact with you. Police officers have discretion to bring or not bring charges. Many officers would simply ask you to leave the area. Others might actually make an arrest. Trespassing is a Misdemeanor, which is a crime. If you are investigating an accident scene, injury or property issue, it might make sense to take these investigative steps through an attorney or investigator to ensure that proper and legal steps are taken to memorialize evidence in a way that does not put you at further risk. This response is based on the limited facts you supplied. It could be that other information is important to considering this information and offering a reasoned response.

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  • I was convicted of a misdemeanor in 2004 RSA 318-B:2,1 Possession of marijuana. What do I need to state on petition of annulment

    Plead guilty in court, Only had to pay my bail fee. No community service or jail time sentenced.

    James’s Answer

    You can find the annulment statute at RSA 651:5. Generally speaking, a Misdemeanor may be annulled after 3 years following the completion of the terms of your sentence, assuming that there have been no other convictions for crimes or major motor vehicle driving violations since the conviction that you seek to annul. Typically, you may go to the Court where you were convicted, request the annulment form and file it. There is a filing fee, which I believe is $100 per conviction. While this ought to give you a general sense, every case is different factually and there might be facts of your case which could impact whether a petition to annul is timely or likely to be granted. Good luck.

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