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Leonard D. Harden
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Leonard Harden’s Answers

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  • What am I looking at for a sentence for my second possesion of marijuana misdemeanor in lebanon, nh?

    I was picked up on a warrant for a parole violation. I do have a lengthy criminal record. The person I was with claimed the marijuana, the cell phone I was on and it was also their vehicle the marijuana was found in. The police said they knew it w...

    Leonard’s Answer

    It seems like you have two issues. First and likely more importantly the potential parole violation which can result in being sent back to the NH State Prison. Second, is the misdemeanor charge in Lebanon District Court.

    The parole board may impose a 90 day set back at the prison. Your parole officer will have a large role to play in deciding whether to violate you for this alleged violation. In my experience the PPO will likely wait to see what happens with the district court case. However the PPO is not required to wait.

    It sounds like you have a good case. If the other person claims the marijuana you should be able to win the case in district court. You should make sure to have good contact information for that witness and provide that to your lawyer. You should hire an attorney or seek a court appointed lawyer to help in your defense.

    If you are charged with an A misdemeanor the maximum sentence is 12 months in HOC and a $2,000 fine, if it is charged as a B misdemeanor the maximum is $1200 fine.

    Good luck.

    Len Harden

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  • Can police take money from your wallet without consent?

    After DUI arrest was taken to get breathalyzed. During release form signing $40 bail was requested which i indicated i did not have. While working out alternative method with bail bondsman officer forcefully took $40 out of wallet and handed it ov...

    Leonard’s Answer

    • Selected as best answer

    The only way i believe the search would be legal was if it was pursuant to an inventory policy. Generally, the officer has no right to go through your wallet. It is likely an illegal search and seizure. However, i am not sure that it really results in any benefit to you. The bail fee was owed to the commissioner for appearing to bail you out. You would have had to arrange payment to him later. If you had previously promised the $40 or were holding someone else money you now simply must repay that person instead of the commissioner.

    You should contact a lawyer about the DWI charge.

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  • Sexual assult question. I NEED ANSWERS

    i had a rape kit done 2 days after the assult if i go down and talk to the detectives of the police and provide a statement but later on decide i dont want to press charges will i get introuble for it?

    Leonard’s Answer

    If you make a statement to the police, it will be up to the state to decide whether or not to proceed with the criminal charges. You do not get to decide if the charges get pressed. Criminal cases are brought by the state versus the defendant.

    If you decided that you were not interested in pursuing the charges after having made a statement the state will likely consider your input but they can compel you to testify and proceed if they wanted to.

    I don't believe you can get in trouble unless you materially alter your statement to the police. i have copied a the NH crime of false reports to law enforcement. below:

    641:4 False Reports to Law Enforcement. – A person is guilty of a misdemeanor if he:
    I. Knowingly gives or causes to be given false information to any law enforcement officer with the purpose of inducing such officer to believe that another has committed an offense; or
    II. Knowingly gives or causes to be given information to any law enforcement officer concerning the commission of an offense, or the danger from an explosive or other dangerous substance, knowing that the offense or danger did not occur or exist or knowing that he has no information relating to the offense or danger.

    It is important that when you speak with the police that you tell the truth. I agree that you can speak with the victim/ witness advocate or a crisis team. The victim/ witness person will be employed by the county attorney's office, but they do have experience in handling sexual assaults and questions like yours.

    Good luck.

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  • If you plead Nolo and do not like the fine/outcome can you change plea to not guilty to then have the case heard

    case is for a minor where police arresetd a a large number for drinking at a house party. No lawyer but heard they may offer a deal for Guilty plea. Nervous to plead guilty without full knowledge up front. Thought a Nolo plea may offer protection

    Leonard’s Answer

    A nolo plea is the same as saying no contest. it results in a guilty finding against you. The only benefit is that is does not mean that you admit liability for a civil claim. For example if you plead no contest and a person was hurt that person would still have to prove that you hurt them as a result of the criminal act.

    You will not be permitted to change the plea of nolo after court accepts plea and imposes sentence. Do not do this unless you can accept the conviction results.

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  • Charged with MIP by consumption in NH. Denied diversion program by arresting officer. What should I do?

    Could get max fine of $1000 and the violation would go on my driving history. Told officer I had been drinking and did a pen test. Court date in about a month.

    Leonard’s Answer

    Contact me to discuss your case in more detail.

    A MIP requires proof of intoxication or possession of alcohol. If the only test done was HGN then i doubt state can prove intoxication. Do not discuss case with anyone other than a lawyer. You should hire a lawyer that handles DWI cases and has a proven history of winning. The pen test also known as the HGN is easily challenged and can be shown to be lacking if not performed properly.

    I routinely fight these cases and feel strongly that you can win if you simply stop talking and assisting the police to make a case against you. Do not talk to police other than when ordered to such as license and registration. Do not offer any other conversation.

    My office numbers are 603-788-2080, 603 348-3737, 603-444-2040. Good luck.

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  • Is there any way to get a sex offense against a minor expunged or sealed if it is over 20 years old and no other violations.

    offense date 1991 no violations of any type since completed sex offender treatment and all other conditions were met. victim would be willing to give recommendation.

    Leonard’s Answer

    I am sorry to say no. The annulment statute RSA 651:5 specifically exempts violent crime and defines that to include aggravated felonious sexual assault or felonious sexual assaults. Further complicating things for you Megan's law was adopted in 1996 when the Clinton administration passed it and NH adopted the law. This law requires that you register as a sex offender for life even though the law was not in effect 20 years ago. If you fail to register you may be prosecuted for failing to register.

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  • In NH we went for a restraining order and got a court order, no finding. What does no finding mean?

    Judge basically told both party's to stay away from each other. but what does no finding mean. We were the victems and now seem like we are guilt too.

    Leonard’s Answer

    Domestic violence cases are generally civil, so there is no guilty or not guilty. The judge has ruled that there was not enough evidence to issue a restraining order. The judge appears to have told you and the other side to avoid having contact is a good idea, but not a court order.

    If you have another problem with the other person then you can certainly refile for another restraining order. There is probably a group that assists victims of domestic violence in your area, you may want to contact them for assistance.

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  • Will I go to jail for bouncing a 60.00 check?

    I have no criminal record, and have not ever been arrested. I am in NH. I have paid the debt including the 35.00 fee, and am being charged wiht a class A misdemeanor. What are the chances I am going to jail? I am kind of freaking out.

    Leonard’s Answer

    It is very unlikely that you would go to jail for bouncing a check. Most bad check cases are charged as B misdemeanors which means there is no possibility of jail. If charged as an A misdemeanor it is possible to be sent to jail but is unlikely, unless yo have a bad record.

    IF you are charged with an A misdemeanor then you should get an attorney to assist you in defending your rights. If you qualify a court appointed attorney may be appointed if you are facing jail.

    Most often the state is bringing the charge in the hopes that you will pay the outstanding debt. I would encourage you to pay off the debt and see if the state is willing to drop the charge against you or place it on file.

    It is important that you not discuss the merits of the case with the prosecutor but rather simply that you will pay the debt and would like to have matter resolved ASAP, with no conviction. If it appears to be getting complicated you should hire an attorney.

    Good luck. Feel free to contact me if needed. Len Harden, 603-788-2080.

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  • Will I go to jail for 1st degree assult if it was self defense and i have never been in trouble before.

    I was charged with 1st degree assult. My bf was in withdrawls and i was honestly scared so i grabbed somthing to scare him. He lunged at me and i just tried to scare him and cut his arm. The police said it was basically a ''boo boo" i was defendin...

    Leonard’s Answer

    Self defense is an affirmative defense which you must raise at trial. There are many ways to be charged with a 1st degree assault including using a deadly weapon. It is unclear if you have been indicted or are in District Court.

    I would strongly advise you do meet with a retain a lawyer ASAP. It is important to attempt to have a competent lawyer help to preserve evidence and obtain statements sooner rather than later.

    If the offense occurred in Nashua, i would suggest that you contact Andrew Schulman of Manchester, Michael Icopino of Manchester or Cathy Green of Manchester. I would also indicate you should ask around to find out who the best lawyer in the area is and schedule a meeting with that person.

    Do not discuss the case with anybody other than a lawyer. Good luck.

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  • Can a game warden serve you a supeona legally?

    I got served a supeona to testify against my Fiance because he is being charged with catching too many fish and he is fighting it. I was there at the time. The Game Warden at the scene delivered the supeona to me. Isnt that a conflict of interest?

    Leonard’s Answer

    Any person can serve a subpoena to appear in court. If you were handed the subpoena in person you must appear or face contempt of court/ failure to appear issues.

    In terms of a conflict, there is none as the game warden is the prosecutor for the fishing violation.

    I agree with the Florida lawyer that your fiancee should find a local lawyer that handles criminal defense cases in the area. I am 2 hours north of you and do not regularly go to court in Keene. I believe James Gleason practices in that area. Good luck.

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