Leonard D. Harden’s Answers

Leonard D. Harden

Lancaster DUI / DWI Attorney.

Contributor Level 9
  1. Can police take money from your wallet without consent?

    Answered over 2 years ago.

    1. Leonard D. Harden
    2. Mark L. Stevens
    3. Robert C. LeBrasseur
    3 lawyer answers

    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...

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  2. How do I go about dropping a domestic violence temporary order of protection before the court date?

    Answered almost 3 years ago.

    1. Leonard D. Harden
    2. Scott Evan Gross
    3. Christine C McCall
    4 lawyer answers

    You can petition to withdraw the DV petition. If the court refuses to grant withdrawal then you can simply fail to appear for final hearing and the petition will be dismissed. The DV process is governed by RSA 173-B and is a civil matter. As a civil matter the court can not punish you or force you to proceed or produce evidence. If you have any questions call a NH lawyer.

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  3. Sexual assult question. I NEED ANSWERS

    Answered over 2 years ago.

    1. Leonard D. Harden
    2. James Regan
    2 lawyer answers

    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...

    3 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Leonard D. Harden
    2. Patrick Owen Earl
    2 lawyer answers

    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....

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Leonard D. Harden
    2. John J. Tenn
    2 lawyer answers

    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.

    2 lawyers agreed with this answer

  6. I was convicted over 23 yrs ago on drug charges,because I wouldn't tell who it really belonged to.

    Answered almost 3 years ago.

    1. Leonard D. Harden
    2. Lauren Jennifer Cutuly Campoli
    2 lawyer answers

    NH permits old convictions to be annulled pursuant to RSA 651:5. If the proper amount of time has passed and you have no subsequent convictions you can annul the record. If the only conviction you have is 23 years ago and in NH state court, you will qualify to annul the record. There is a form on line that you are required to fill out completely and fees will be about $300. If you are uncomfortable with the form or process hire a criminal defense lawyer in NH to assist you. I routinely...

    2 lawyers agreed with this answer

  7. Will I go to jail for bouncing a 60.00 check?

    Answered over 2 years ago.

    1. Leonard D. Harden
    1 lawyer 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...

    1 lawyer agreed with this answer

  8. Can i be charge for dui if my car is parked and at a freinds house becouse my car was warm still

    Answered almost 3 years ago.

    1. Leonard D. Harden
    2. Donald L. Blaszka Jr.
    3. Seth A. Blum
    4. Richard C. Southard
    4 lawyer answers

    Police will need to prove actual physical control. Do not talk to your friends until you have hired the best local DWI lawyer. I am located about 2.5 hours north and would be glad to recommend some good DWI lawyers in your area. If you are shopping for a lawyer here are a few things to consider: make sure that they actually try cases and win ask for some dates and go watch a trial; does the lawyer belong to NCDD, NHACDL, NACDL; are respected by their peers as experts in DWI defense; have...

    1 lawyer agreed with this answer

  9. DWI for a cdl holder in new hampshire

    Answered almost 3 years ago.

    1. Mark L. Stevens
    2. Leonard D. Harden
    2 lawyer answers

    A DWI conviction will result in a CDL loss of 1 year after the DMV receives notice. If you have another disqualifying event the DWI conviction would result in a lifetime ban. State law can often be harsher than federal law. The federal motor carrier law can be found at 49 CFR 383.5 There are 6 ways to be disqualified from having a CDL : Convictions for: (Note that a DMV revocation hearing counts as a conviction) Conviction is defined as "An unvacated adjudication of guilt;...

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  10. I have a dui offense in new hampshire if i was honest with the judge by pleaing guilty upfront would he be more leanient

    Answered almost 3 years ago.

    1. Leonard D. Harden
    2. Andrew Daniel Myers
    3. Donald L. Blaszka Jr.
    3 lawyer answers

    NH has mandatory minimums that are required by statute to be imposed. A DWI 1st requires a 9 month loss of license, with 6 months suspended if you enroll in an alcohol class within 45 days, and a fine or $500. A judge can not be more lenient that the minimums. I have represented many people who do not appear to have much of a defense and have been able to find many issues that enable them to do significantly better than the minimums. You should meet with a DWI lawyer before doing...

    1 lawyer agreed with this answer