Best Criminal Defense Lawyers in New Hampshire

About Criminal Defense Law in New Hampshire, United States

Criminal defense law in New Hampshire focuses on protecting the rights and interests of individuals charged with state or federal crimes. Whether facing a misdemeanor like simple assault or a serious felony such as burglary or drug trafficking, anyone accused of a crime is entitled to a fair process and legal representation. Criminal defense attorneys work to challenge the prosecution's evidence, ensure due process, and strive for the best possible outcome for their clients, which can include case dismissal, acquittal, or reduced charges or sentences.

Why You May Need a Lawyer

People may face criminal charges for various reasons, such as misunderstandings, being present at the wrong place at the wrong time, or even being falsely accused. Common situations where a criminal defense lawyer may be crucial include DUI/DWI arrests, drug possession or trafficking allegations, assault or battery claims, theft or burglary charges, or accusations involving domestic violence. Legal assistance can also be essential for those facing probation violations, juvenile offenses, or for individuals who believe their constitutional rights were violated during arrest or investigation. A lawyer helps explain the charges, evaluate defense strategies, and advocate for favorable outcomes, sometimes even before charges are formally filed.

Local Laws Overview

New Hampshire has its own criminal statutes, found in the New Hampshire Revised Statutes Annotated (RSA) Title LXII. Crimes are typically divided into misdemeanors and felonies, each with specific procedures and penalties. Some important aspects of New Hampshire criminal law include:

• The state does not impose a death penalty or capital punishment as of 2019.
• DWI and DUI laws are strictly enforced, with severe penalties for convictions, including mandatory license suspensions and fines.
• Drug laws have been evolving, including decriminalization of small amounts of marijuana, but possession of larger amounts or other drugs is prosecuted seriously.
• Domestic violence laws provide protections for victims while also outlining serious consequences for those convicted, including no contact orders and potential loss of firearm rights.
• Gun laws are relatively permissive, but crimes involving firearms carry enhanced penalties.
• Juveniles charged with crimes are often treated under special procedures but can face adult court in serious cases.
• Plea bargaining is common, but all defendants are entitled to a trial if they wish.
• Expungement or annulment of criminal records is possible in certain circumstances under New Hampshire law.

Frequently Asked Questions

What should I do first if I am arrested or charged with a crime in New Hampshire?

Remain calm and exercise your right to remain silent. Do not answer questions or provide statements to law enforcement until you have spoken with a criminal defense attorney.

Do I need a lawyer even for a misdemeanor?

Yes. Even misdemeanor convictions can carry fines, jail time, and long-lasting consequences. An attorney can protect your rights and help you understand your options.

What is the difference between a felony and a misdemeanor under New Hampshire law?

A misdemeanor is a less serious crime that usually carries a jail sentence of up to one year. Felonies are more serious, with potential sentences of more than one year in prison and more severe collateral consequences.

Can I have my charges reduced or dismissed?

Possibly. A skilled lawyer can challenge evidence, negotiate with prosecutors, and sometimes secure charge reductions or even case dismissals, depending on the circumstances.

What are the penalties for a first-time DWI offense?

First-time DWI offenders face mandatory fines, potential jail time, license suspension, required alcohol education, and possibly the installation of an ignition interlock device.

What should I do if I am falsely accused?

Contact a criminal defense attorney immediately. Do not make statements to police or others. An experienced lawyer can help gather evidence and build your defense.

Do police need a warrant to search my home or car?

Generally, law enforcement needs a warrant, but there are exceptions, such as consent, "plain view," or exigent circumstances. If you believe your search rights were violated, tell your lawyer.

Will my case go to trial?

Most criminal cases are resolved through plea agreements, but you have the right to take your case to trial. Your attorney will help you decide the best course of action.

Can I get a criminal record sealed or annulled in New Hampshire?

In certain situations, you may be able to have your criminal record annulled, depending on the offense and the amount of time that has passed. An attorney can review your eligibility.

How do I choose the right criminal defense attorney?

Look for a lawyer experienced with New Hampshire criminal law, who has a track record in cases similar to yours, communicates clearly, and is responsive to your concerns.

Additional Resources

If you are seeking help or information regarding criminal defense in New Hampshire, consider these resources:

• New Hampshire Judicial Branch - Provides information on court processes and self-representation in criminal cases.
• New Hampshire Public Defender - Offers representation to individuals who cannot afford a private attorney.
• New Hampshire Bar Association - Can refer you to qualified criminal defense attorneys in your area.
• NH Legal Aid - Shares resources and information on legal rights and defense options.
• Local police or sheriff's departments for copies of reports or arrest records pertinent to your case.

Next Steps

If you or a loved one is facing criminal charges in New Hampshire, prioritize protecting your rights. Your first step should be to consult with a qualified criminal defense attorney as soon as possible, even before any official proceedings or interviews. Prepare all relevant documents, such as police reports, bail paperwork, or court notices. Take detailed notes on what happened leading to your charges. Avoid discussing the details of your case with anyone but your lawyer. Be honest and forthcoming with your legal counsel so they can mount the best possible defense. Remember, you have the right to an attorney and a fair process under New Hampshire law.