Richard E. Samdperil’s Answers

Richard E. Samdperil

Exeter Criminal Defense Attorney.

Contributor Level 8
  1. So the rules of evidence apply in Simple assault domestic?

    Answered almost 4 years ago.

    1. Kathryn L. Hudson
    2. Richard E. Samdperil
    2 lawyer answers

    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.

    1 person marked this answer as helpful

  2. Attempted theft of computer services?

    Answered about 4 years ago.

    1. Ricardo A. St. Hilaire
    2. Richard E. Samdperil
    2 lawyer answers

    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...

  3. 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?

    Answered over 4 years ago.

    1. Richard E. Samdperil
    2. Donald L. Blaszka Jr.
    2 lawyer answers

    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...