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Donald L. Blaszka Jr.
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Donald Blaszka’s Answers

234 total


  • Should my 19 year old college student plead guilty or not guilty to possession of less than an oz of marajuana in NH.

    Police found less than an oz of marajuana in our son's backpack as he was leAving a pond with friends last month. The marajuana was his. He was very cooperative with police. He is in college and has no criminal past, not even a driving tick...

    Donald’s Answer

    Unfortunately, he can make a case for it to be decriminalized all he wants. That will not prevent a conviction during trial or before the court. And he cannot ask the judge to "drop" the case because of that or that he was cooperative with the police.

    There are too many urban legends that people read about and there is a lot of misinformation on the Internet about the criminal justice system. And too many people talk to their friends, etc for advice who are not attorneys. He needs to retain an experienced NH criminal defense attorney to represent him in his case.

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  • What class misdemeanor is reckless driving/operation?

    I understand the Class A/B felonies, and misdemeanor system for New Hampshire. I was arrested for reckless operation, but just speeding. No other factors, no injuries, no "almost", just speeding down a straightaway (over 100mph). Because of this, ...

    Donald’s Answer

    You have asked this question multiple times on this site and the advice was to hire an attorney based upon the facts and circumstances of your case. If you see charged with just Reckless Operation, you are facing a violation level offense which has a minimum penalty of $620 fine inclusive of penalty assessment and 60 day loss of license. You are not facing any jail time for that charge. You should hire an experienced NH criminal defense attorney to represent you in your case.

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  • Possible to get felony to misdemeanor

    If someone was charged with a felony for attempted robbery and another with him was charged for same but as a misdemeanor can we ask to have felony changed to misdemeanor? The punishment was 3 months and it was in new Hampshire. This happened 8 y...

    Donald’s Answer

    The short answer: no. Not going to happen at this point based upon the information provided.

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  • How should my daughter plead and what do you think the final outcome will be? Not sure if we should hire a lawyer after?

    Hello, My daughter was stopped for speeding in NH, while giving the officer her license and registration, the officer noted a fake ID in her wallet that he asked her for. Her friends had gotten it for her bday last July, she has never used it. Sh...

    Donald’s Answer

    Your daughter should plead not guilty and hire an experienced NH criminal defense attorney.

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  • Bail conditions

    How do I get bail conditions waved? And what do I do if I'm innocent?

    Donald’s Answer

    You cannot simply get your bail conditions waived because you believe you are innocent.

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  • How do I get a case dropped if I am innocent????

    How do I get a case dropped if I am innocent if I am charged for something I didn't do? What do I do if that happens?

    Donald’s Answer

    You cannot simply ask the court or the State to drop a case because you claim that you are innocent. You are entitled to a trial where you can make the State prove its case and you can present a defense.

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  • Cop made a fake report and would not let me press charges.

    My Neighbor threatened to kill me and I had a Witness also (another Neighbor in building) So I called 911 and they patched me over to local PD who took 2 1/2 hours to arrive and when he arrived he was angry at me for calling. I told him I was scar...

    Donald’s Answer

    People do not "press" charges against other people. The police make that decision. You can contact the police department to file a complaint or the NH attorney General's office with your complaint. You can also seek a stalking order from the local district court.

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  • Are they wrong for refusing me the privilege to go to any service for my dead farther or were they supposed to let me go. ?

    I was in New Hampshire state prison on a parole violation an my farther passed away a I was denied to go visit him in the hospital on I was not allowed to go to wake or funeral service.i was told by law I was supposed to be able to go to at least ...

    Donald’s Answer

    Generally, there is nothing that you can do about it. You were an inmate at a prison for a parole violation for something that you did wrong while out on parole. The prison has rules and regulations and if you did not qualify for a furlough, then unfortunately you were not going to be allowed to see your father or attend his funeral. The prison and county jails are separate entities and have different rules and regulations.

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  • Can they do that without me being there or signing something to allow it

    I was arrest for felony possession and asked for a continuous on my probable cause hearing cause I was In the process of hiring a private attorney but the court waived my probable cause hearing with out me ever even knowing is that allowed I never...

    Donald’s Answer

    You have formally indicted and cannot have a probable cause hearing. Even if you had a probable cause hearing and the court found no probable cause, the county attorney's office could still present the case before the grand jury. If the grand jury found sufficient probable cause, it could return an indictment against you and you would still be charged in superior court. I suggest that you retain an experienced criminal defense attorney to represent you in your case and focus on defending your case in superior court going forward.

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  • Get charge expunged

    I live in NH and have a domestic violence charge In Massachusetts 19 years ago,I have had the charge sealed in Massachusetts but Nh police tell me I need to get it expunged, how would I go about this.

    Donald’s Answer

    You cannot get your conviction in MA "expunged " or annulled (which is what it is referred to in NH) by MA law.

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