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Michael Joseph Iacopino

Michael Iacopino’s Answers

5 total

  • What can i expect in court? Felony possession of a controlled substance?

    i was pulled over for speeding 10miles an hour was 1am and i was on a state hw. Going 48 in a 35 so they say...never agreed to allow them to search my purse or car and they said theyd tow it and get a warrant if i said no. I was arreste...

    Michael’s Answer

    You should hire a lawyer immediately. Your facts raise issues about whether the officer improperly extended the length of the stop or improperly changed its nature. There is a very recent New Hampshire Supreme Court case that addresses some of these important issues. You should hire a lawyer.

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  • My friend was stopped for speeding NH. The officer said he smelled pot. I was arrested with 3 grams. They did not issue ticket.

    Will the failure to issue speeding violation have any effect on the validity of the search and my subsequent arrest.

    Michael’s Answer

    The failure to issue a speeding ticket should not have any effect on the case against a passenger for possession. However this case raises significant issues pertaining to probable cause for a search and arrest of the passenger. You should consuult with a competent criminal defense lawyer to determine whether the search and arrest can withstand legal scrutiny and whether a motion to suppress evidence would be fruitful in your case.

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  • Pending police case

    I am my wife had a fight then she bleeds cos we saw a sharp pen knife and accidentally slash on her so then I put it aside and she then took it so I pick a chair and push it against her it was a silly mistake take the base of the chair hits back o...

    Michael’s Answer

    Your question involves facts that could result in felony domestic violence charges. You should immediately seek out and hire a criminal defense lawyer to represent your interests. These charges are brought by the state - not by your spouse. The state will often pursue such charges even if your spouse does not agree to the prosecution. Thus it is very important that you retain counsel to represent you as soon as possible.

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  • Shoplifting Charges in NH, What can I do ?!?! HELP! Shoplifting from Kohl's.

    Yesterday I was caught shoplifting at my local Kohl's. It was about $52 worth and the man took me into a back room where I gave him all the merchandise and proceeded to call the cops. When the officer arrived i was told a warrant would be put out ...

    Michael’s Answer

    First you should hire an experienced criminal defense lawyer in your area. Shoplifting of the nature that you describe is generally charged as a misdemeanor in NH. The prosecutor may designate the charge as Class A or Class B. A Class A misdemeanor carries a maximum sentence of 12 months incarceration and a $2000.00 fine. A Class B misdemeanor is a non-jailable offense. If you have no prior record the charge is likely to designated as Class B. However, Class B misdemeanors will appear on your criminal record. Sometimes, depending on the circumstances and the jurisdiction it is possible for an attorney to negotiate a settlement to your case that does not involve a conviction. This is sometimes called a diversion sentence. In some courts there are formal programs for diversion; in others it may be accomplished informally. But the best way of getting the best result in your case is to hire an experienced NH criminal defense lawyer.

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  • May I plead the fifth amendment in a civil lawsuit? (re: Section 644:11 Criminal Defamation)

    There is a law against defamation in NH. I am going to be deposed as a non-party witness in an online defamation lawsuit wherein only fictitious names have been named as defendants. The answers to the questions in the depo may incriminate me to ...

    Michael’s Answer

    First you should consult with a New Hampshire lawyer.

    As a general rule you may assert your right not to incriminate yourself anytime that you have a good faith belief that your answer to a specific question may tend to incriminate you. The anticipated incrimination need not be complete. You may assert the privilege if your answer would contribute to a chain of evidence or provide circumstantial evidence of your guilt of a criminal offense.

    However there are missing details in your question. For instance when did the actions giving rise to the privilege occur? If the statute of limitations has run on the criminal conduct you may not be permitted to assert your privilege.

    Finally in 26 years of criminal defense practice in NH I have never seen an individual charged with criminal defamation. It is a rarely (if ever) used statute and may be constitutionally infirm.

    Again because you have these concerns it is best for you to consult with a New Hampshire lawyer before you attend the deposition.

    Good luck.

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