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Derry, NH Criminal Defense Blog

Think about each option you have in your drug charge defense

We recently discussed the differences between a grand jury and a trial jury. The differences are considerable, but they play a big part in the criminal justice system. It is imperative that you have a good understanding of what is going on with your case so that you can work with your attorney to make a plan.

In the case of a drug charge, you know that you could be facing serious penalties. The laws in New Hampshire place an emphasis on being tough on drugs. We can help you find out if there are any ways that you can minimize the penalties that you will face because of the charge.

Differences between grand juries and trial juries are great

Some criminal charges go through the grand jury. Some criminal charges go through a trial jury. Some criminal charges will go through both. While both a grand jury and a trial jury are part of the criminal justice system, they serve very different purposes.

The grand jury is the first jury that might hear a case in a criminal proceeding. This is a jury that listens to the evidence and decides whether charges should be levied in the case or not. Prosecutors have the option to accept the recommendation of the grand jury, but they don't have to. This means that if the grand jury's verdict is that a person shouldn't face charges, the prosecution can still charge the person. The opposite is also true.

Think about the variables that might impact your DUI defense

When you are accused of drunk driving, there are a lot of variables that can impact how your case is resolved. Each of those variables is a potential defense point. We know that you might have some questions about what variables you need to focus on when you are trying to decide on a defense. This isn't always an easy decision to make, but we can help you sort through the case and determine what to do.

Drunk driving cases don't only have the criminal justice side to think about. Instead, you also have to worry about the administrative penalties while you are handling the criminal side of the case. We can help you learn about what rights and options you have for the administrative side of your case.

How to determine whether or not to take a Breathalyzer test

Different states interpret a driver's refusal to take a Breathalyzer test differently. In some cases, in acquiring a driver's license, an individual consents to having their blood, breath, or urine obtained and tested by an officer when drunk driving is suspected. In others, while a driver can refuse to submit to a Breathalyzer test or having their blood alcohol content (BAC) tested, there are still penalties for doing so. These may be far less serious than risks associated with blowing over the limit.

In order to be able to make a more informed choice as to whether to complete a Breathalyzer test or refuse it, should you have the option, it's important to first understand how a BAC is determined. It not only takes into account an individual's gender and body type, but also how much and when the individual's last consumption was.

Probation violations need firm defenses before the judge

Probation is a serious program that has strict restrictions for what you can and can't do. When you don't comply with the terms of the program, you can face a probation violation. This can mean that you have to stand before a judge. The judge will decide if you are guilty of the probation violation or not.

One thing to remember in these cases is that your repertoire with your probation officer can have a huge impact on what happens if you are accused of a probation violation. The probation officer can determine whether you are going to face a probation violation charge or if you will just get a warning.

Probation might help you to avoid prison

One of the possible penalties that you will face if you are convicted of a criminal charge is being placed on probation. This is a way that you can avoid going to prison, as long as you comply with the terms of the program.

When you are placed on probation, the court will let you know the duration of the sentence. Typically, people are placed on probation from one to three years. Longer terms are possible, such as a person who is convicted of a sex crime and is required to remain on probation for life.

When taking medication can lead to DWI charges

Most people know it is illegal to drive when impaired from alcohol or illegal drugs. However, some may be surprised to find out that taking regularly prescribed medication can result in a traffic stop and even DWI charges.

Prescription and over-the-counter drugs can affect your ability to drive in a number of ways. Some common effects may include drowsiness, vertigo, lack of focus, blurred or distorted vision, decreased depth and distance perception, slow reaction times, compromised judgment and lack of physical coordination.

Understand what might happen after an alleged drunk driving crash

Drunk driving accidents add another element to drunk driving cases because these incidents often lead to additional criminal charges. In some cases, they can also lead to civil claims against you. Criminal and civil cases occur in different courts, so they are independent of each other. This means that you can be found not guilty of the drunk driving related charges, but still be found liable in civil court. The opposite can also happen.

At the scene of the accident, the police officer will likely ask you to take a blood alcohol concentration (BAC) test. The fact that you were in an accident means that the requirement of reasonable suspicion has already been met. This means that you likely can't call this point into question as part of your defense against the charges.

Can I share a prescription with a friend who needs it?

People who have prescription drugs for a condition usually use their medications until they are gone. Some people hang on to these drugs in case they need them in the future.

The people who keep prescription drugs might be tempted to share those drugs with other people who are suffering from the same condition that they were prescribed the drugs for. This is a very bad idea.

Can I get in trouble for getting high off of inhalants?

There are many avenues that people use to get high. While some people turn to drugs like narcotics or cocaine, others choose methods they think are safer. These methods are often just as dangerous as using hardcore drugs, so people who do them must be careful.

One way of getting high that many people don't talk about is sniffing glue or other inhalants. These items can often produce a high that rivals other drugs. Because it is legal to purchase these items, some people might not think there is anything wrong with getting high off of them.

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