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Ricardo A. St. Hilaire

Ricardo St. Hilaire’s Answers

69 total


  • Can an arrest be removed from your record if there is no conviction

    arrested for DUI no conviction

    Ricardo’s Answer

    Under NH law, a person who has not been convicted of an offense may immediately petition the court to erase the record of arrest. The petition form and instructions can be found here. http://www.courts.state.nh.us/district/annulments.htm

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  • What is the charge for possession of 10 Alprazolam (Xanax) pills in New Hampshire? Will I need a criminal defense attorney?

    They were 2mg pills. They were mailed to me anonymously and the DEA brought the package to my door, not knowing what they were, but saying that a drug canine sniffed them out. I told them they could open it and after opening 4 packages (think Russ...

    Ricardo’s Answer

    The unlawful possession of Alprazolam in NH is charged as a felony crime. A person with charged with a felony drug crime should retain legal counsel quickly.

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  • I have been off of probation for 4 years and over the past few years have been having a hard time paying restitution

    I finally got back on my feet and have a good job and mad 2 payments and a payment for the back payments but still have a hearing for indirect contempt I have been trying and paying when possible now worried that I will looses everything all over ...

    Ricardo’s Answer

    NH RSA 651:67 permits prosecution of nonpayment of restitution. A lawyer is strongly recommended when a person appears before a court on a charge of contempt. It may be possible, moreover, to revisit the amount of restitution pursuant to RSA 651:66. An attorney should be retained to consider this option, but one should know that court's usually listen to arguments to discharge restitution only when a defendant has been making regular or substantial payments.

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  • Officer didn't give me a 30 day Temp. driving Permit by law on the scene.

    New Hampshire: I was informed that the Officer was suppose to give me 30 day Temp. Driving Permit on the scene of incident. I am only accused of a DUI at present. Need to wait for BAC test comes and ASL hearing will determine if I keep my Lic un...

    Ricardo’s Answer

    In brief, the Administrative License Suspension (ALS) process begins once a person tests .08 BAC or more or refuses a BAC test. When blood is taken, the test results come back from the state laboratory. If the test results show a result of .08 or more, then a 30 days temporary driving permit is issued. During that time, the driver can contest the ALS by filing a notice with the Bureau of Hearings.

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  • How do I turn myself in?

    I forgot about a court date I had that was scheduled a year in advance. The judge issued a $1000 cash bench warrant for me about 7 months ago and I just found out about it. I completely forgot about the court date scheduled until I found out about...

    Ricardo’s Answer

    Call the police and arrange a time to turn yourself in. Make sure you have the bail money plus the $40 fee for the bail commissioner. You will then get a date to appear in court to take care of your matter. Because a bench warrant usually iis issued along with a "default" that suspends a person's driver's license, make sure that your status to drive in NH is valid. Many times when people turn themselves in to the police they get cited for operating after suspension because they had a default suspending their driver's license and drove to the police station.

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  • Do I have to go to court?

    I was arrested in 2012 for a Class B Misdemeanor. I paid my bail, and went to my court hearing. I had to pay a fine, and I paid most of it, but was laid off at work the day after I had court. I missed a court date that was scheduled 1 yr after my ...

    Ricardo’s Answer

    Failure to pay a fine and failure to appear are two separate matters even though they arise out of the same charge. A failure to pay a fine would result in a "show cause" hearing. That likely occurred in your case. Failure to appear at the show cause hearing resulted in a "default," which suspended your license. It may also have resulted in a warrant for your arrest. The best way to tackle this problem is to contact the court clerk's office and ask what needs to be done to clear the default and, if it is the case, to vacate the warrant.

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  • What does "filed without guilty finding" mean?

    NH misdemeanor.

    Ricardo’s Answer

    "Placed on file without a finding of guilt" typically means that a charge is placed in the court's file and will remain unprosecuted for a period of time specified by the judge, usually one year. Once the time period has passed, the charge can no longer be pulled from the file for prosecution,. In other words, the charge can never be prosecuted again. If the defendant has not been of good behavior during the time period that the charge is placed on file, the prosecution can ask the court to remove the charge from the file and place it on the active docket for prosecution. So when a charge is placed on file for a period of one year, the defendant must remain of good behavior during that time. When the one year period is over, the charge can never be prosecuted again and the defendant is eligible to annul the record of arrest.

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  • My first felony charge, will I go to jail?

    I am being charged with receiving stolen property class A . Conspiracy of theft by deception. Possession on marijauna in nh. I've got into some trouble when I was a juvenile. And I'm 21 now and haven't gotten in trouble since I was sixteen. I hav...

    Ricardo’s Answer

    Whether a person goes to jail for an offense is a function of whether there is a conviction. If there is one, factors such as a person's past criminal and motor vehicle records, their employment, their family situation, and more are looked at by prosecutors and the courts. Criminal charges are serious matters. You need to consult with an attorney as soon as possible. If you cannot afford an attorney, fill out a financial affidavit at the courthouse where you are charged to see if you qualify for a Public Defender.

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  • Will I charge any criminal charge for switching price tag? will it affect my future?

    I know that i am greedy. I have been switching a lot of price tag lately at Macys store. And I just get caught on the camera today? The police is also involved. I am so worry right now. What will happen to me? i don't want my family knows abo...

    Ricardo’s Answer

    This case involves the crime of theft and requires that you consult with an attorney immediately. Consequences for theft in NH can range from a diversion program to jail depending on a person's prior criminal history and other important factors. Obtaining legal representation as soon as possible will help you to navigate through the court system.

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  • Is class b violation for Willful Concealment in NH considered criminal or non criminal?

    the charges were reduced from a misdemeanor to a class b violation for willful concealment. Is this considered criminal? I am trying to get a job in finance

    Ricardo’s Answer

    A misdemeanor charge in New Hampshire is considered a criminal offense. There are two classes of misdemeanors: Class A and Class B. A violation is a non-criminal offense. It is neither Class A nor Class B. It is simply termed "Violation" at the top of the court complaint.

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