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Richard E. Samdperil

Richard Samdperil’s Answers

3 total

  • So the rules of evidence apply in Simple assault domestic?

    Can I object to evidence that was removed from my house after asking the police not to enter. They entered under the permission of my live in girlfriend, whom I had asked to leave after an argument, before even finding out if her name was on the l...

    Richard’s Answer

    You should read State v. Sodoyer, 156 N.H. 84 (2007) (link attached), which in large part addresses your question of whether someone who shares a residence can consent to a search. In most cases, that person can consent to a search of areas that are under joint control. But that consent likely does not extend to closed containers belonging exclusively to the other party.

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  • Attempted theft of computer services?

    How can I find out what this indictment is about??

    Richard’s Answer

    Look at the statute - RSA 637:8. The statute contains the elements of the crime; i.e., what the State must prove in order to find a person guilty of a crime. An indicment indicates that the charge is being brought as a felony level offense. If you are the defendant named in the indictment, you should consult with a lawyer as soon as possible. A lawyer will be able to advise you about the potential penalties, obtain the evidence the prosecutor is claiming supports the charge, and identify any legal defenses.

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  • What should I do with a 2005 warrant for drugs when I was arrested and then sent to rehab by family and just coming back now?

    I have to warrants in NH one for herion and the other for recieveing stolen property, my family sent me to rehab before my court date, I did great and started a life, then got ill from work with people with MRSA and was in and out of the hospital,...

    Richard’s Answer

    You must turn yourself in on a warrant. That said, you should put together a folder of all the documents that show what you have been doing for the past 5 years - i.e., that you have completed an in-patient treatment program, that you have followed all the after-care requirements, that you were in and out of the hospital, and (if possible) that you have stayed arrest and drug free. You need to be able to explain why it has taken you 5 years to address this.

    Even if you do not have money to hire a lawyer to represent you for the duration of the case, you should hire a lawyer to arrange your surrender on the warrants and to appear with you in court at your arraignment. New Hampshire permits "unbundled" legal services, and many lawyers will agree to this type of limited representation if you are up front about it. You can than apply for a public defender once you are arraigned. Look for a lawyer experienced in criminal defense who regularly handles cases with the police department that sought the warrants. If you have genuinely been engaging in treatment and staying out of trouble, a lawyer may be able to negotiate your bail and release with the prosecutor. Good luck.

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