NH, Criminal Defense Blog | Germaine & Blaszka, P.A. I New Hampshire Criminal Defense

Subtle differences between battery and assault

On behalf of Germaine & Blaszka, P.A. posted in assault/domestic violence on Wednesday, September 19, 2018.

Sometimes, people use the terms assault and battery as the same thing. The fact is that these are two very distinct terms. Understanding what each means might help you out if you are facing one of these two charges.

When you intentionally touch another person in an offensive or harmful way, you are committing battery. This requires that you mean to do it and that you want it to harm or offend the person. You don't actually have to lay hands on the person. You can face this charge if you spit on a person. It is also necessary for you to remember that this charge doesn't have to involve an actual injury. Just the mere touch that meets the requirements is enough for you to face this charge.

Ignition interlocks are required in some drunk driving cases

On behalf of Germaine & Blaszka, P.A. posted in dwi/dui defense on Wednesday, September 12, 2018.

Some individuals who are convicted of drunk driving will be required to have an ignition interlock installed on their vehicle. This device requires that driver of the vehicle to blow into it. The breath is checked for the presence of alcohol. If the result is higher than a preset limit, the vehicle won't start. If you are sentenced to have one installed, you can only drive a vehicle with the device. It will also require periodic breath samples during your journey.

The restriction of driving only vehicles with the ignition interlock can be very limiting. If you are required to drive a company vehicle for work, either it will need one or you will be unable to drive the work vehicle.

Drug cases might have options not available for other charges

On behalf of Germaine & Blaszka, P.A. posted in drug crime defense on Friday, September 7, 2018.

Navigating through the criminal justice system can be a difficult journey, especially if this is your first time as a defendant. We know that being unsure of what's going on can make the situation more difficult to deal with. We are here to walk you through the matter. If you are facing drug charges, you might have some options available to you that aren't possible in other cases.

Learning about what you might be able to do to resolve your case gives you information that is helpful for making a decision. Since you are the one who is impacted by the outcome of the case, you have to be the one to decide the direction of your defense. Once you let us know what you want to do, we will work with you to pursue that direction.

Common types of crimes in New Hampshire

On behalf of Germaine & Blaszka, P.A. on Monday, September 3, 2018.

Crime facts can tell you a lot about the place you live. Whether you are a New Hampshire native or are new to the state, you may find the criminal statistics interesting. There are 20,194 property crimes and 2,637 violent crimes in New Hampshire annually.

However, it is not enough just to know the number of crimes that people commit in the state. It helps to understand the details of property and violent offenses.

Drugs can lead to various criminal charges for one incident

On behalf of Germaine & Blaszka, P.A. posted in drug crime defense on Friday, August 31, 2018.

Drugs can lead you down a dark path that might end when you face criminal charges in relation to them. This is a harsh reality for some individuals, but it might be the wake-up call they need. For a person who is facing drug charges, the impacts of the case are sometimes the point that makes them try to remain on the right side of the law.

It is imperative that you think about all of the penalties that you are facing in relation to the crime. You might be incarcerated or placed on probation. You may be offered drug court. There is a chance that you will go through a trial. All of these can lead to an entry on your criminal record.

Probation violations can lead to criminal charges

On behalf of Germaine & Blaszka, P.A. posted in probation/parole violations on Monday, August 27, 2018.

People are sometimes sentenced to probation instead of having to spend time in prison when they are convicted of a crime. To people who aren't involved in the criminal justice system, this might seem like an easy way out. The truth is that probation can be very challenging for some people. Still, the court tries to give some people a chance to make life improvements without having to report to prison.

The probation program allows the person to remain out in society while they are being monitored by an officer. They must report into the office and might have to comply with requests like random drug tests. Other requirements include finding a stable job and housing. The goal is to help the person become a productive member of society while they are working through their criminal punishment.

Criminal record expunction is only possible in limited cases

On behalf of Germaine & Blaszka, P.A. posted in expungements on Friday, August 17, 2018.

Having a criminal conviction on your record can present several challenges in your life. You might not be able to hold the job you want, and you may find that renting a home is difficult. While there isn't much you can do about this while you are completing your sentence, there is a chance that you might be eligible to have the conviction expunged from your record.

There are only certain cases that are eligible for expunction. If you are interested in getting this done, your first step should be to find out if your case qualifies. This is based on several factors, which can include:

Successful completion of your sentence
Specific time elapsing since the completion
Petitioning the court and gaining approval

Marijuana is still illegal on a federal level

On behalf of Germaine & Blaszka, P.A. posted in drug crime defense on Friday, August 17, 2018.

Even though many states are pursing decriminalization of marijuana, this is still a drug that is illegal on a federal level. The federal government hasn't been aggressive in the prosecution of many marijuana cases. Instead, it is leaving the vast majority of these cases to states to handle. Of course, there are some exceptions to this.

When the federal government does pursue charges for marijuana, you need to make sure that you are evaluating your options each step of the way. You should also make sure you understand the basis of the case.

DWI, the New Hampshire point system and your license

On behalf of Germaine & Blaszka, P.A. on Sunday, August 5, 2018.

Let us say you were at a party with friends, had a couple of beers and then got in your car to drive home.

A law enforcement officer stopped you on suspicion of drunk driving. A conviction adds points to your driving record. How can you get them removed?

Don't try to ignore drunk driving charges

On behalf of Germaine & Blaszka, P.A. posted in dwi/dui defense on Thursday, August 2, 2018.

Summer bonfires and other events can be fun times for everyone involved. Some of these activities might involve drinking alcohol. If you don't plan properly, you might end up having to get behind the wheel after drinking. This isn't a good situation, as it can lead to drunk driving charges. We know that you didn't think this would happen, but it is a sad reality for a good number of people each summer.

There are some instances in which a person is mistakenly accused of drunk driving. Maybe you were just tired or zoned out. You might have even been distracted. But, none of these have the stigma and harsh penalties of drunk driving charges. We know that you probably just want your case to be over and done with. Even though this is the case, don't try to rush to plead guilty.