Howie Law Office, PLLCAttorney Salem New Hampshire | Howie Law Office, PLLC2024-03-14T09:55:36Zhttps://www.howielegal.com/feed/atom/WordPressOn Behalf of Howie Law Office, PLLChttps://www.howielegal.com/?p=483792024-03-14T09:55:36Z2024-03-14T09:55:36ZPossession offenses
Unless a court determines you have the intent to distribute cocaine, possession of any amount of the substance is a Class B felony. You face up to seven years of imprisonment and $2,000 in fines on conviction.
If a court convicts you for a second possession offense, it becomes a Class A felony. This offense carries up to 15 years of imprisonment and $4,000 in fines.
Trafficking offenses
Attempting to sell, dispense or deliver cocaine is a much more serious offense than mere possession. The penalties you face on conviction depend on the amount of cocaine involved in the offense:
Less than .5 oz: A conviction leads to up to seven years of imprisonment and $100,000 in fines. A second conviction for the same amount carries up to 15 years of imprisonment and $200,000 in fines.
More than .5 oz but less than 5 oz: A conviction leads to up to 20 years of imprisonment and $300,000 in fines. A second conviction for the same amount carries up to 40 years of imprisonment and $400,000 in fines.
More than 5 oz: A conviction leads to up to 30 years of imprisonment and $500,000 in fines. A second conviction for the same amount carries up to $400,000 in fines and could lead to life imprisonment.
These penalties are for offenses involving cocaine in powder form. If you committed a drug offense involving crack cocaine, you might face even more severe sentences on conviction.
In summary, New Hampshire has very strict laws against the possession and sale of cocaine. If you face accusations for either offense, years of prison time and heavy fines await you. With so much at stake in a court hearing, you might want to consider your defense options carefully. A legal professional with criminal defense experience may be able to advise you on your case.]]>On Behalf of Howie Law Office, PLLChttps://www.howielegal.com/?p=483772024-03-08T15:30:04Z2024-03-08T15:30:04ZBeing charged with driving while intoxicated (DWI) in New Hampshire is stressful and comes with certain obligations. One of these obligations might include a court order to use an ignition interlock device. It's crucial to comply with this order.
Just as important, however, is avoiding tampering with the device to prevent facing more severe consequences.
What does tampering with the device mean?
You may ask, "What counts as tampering?" Tampering extends beyond just physically altering the device. It includes a variety of actions, such as:
Enlisting someone else to blow into the device
Attempting to start the engine without taking the needed breath test
Disconnecting the device from its power source
Using substances like mouthwash in an attempt to manipulate the test results
Attempting to remove or turn off the device
Remember, these devices have the capability to record any attempts to bypass their functionality. The device can likely detect any tampering.
What are the serious implications of tampering?
If the state finds evidence of tampering, New Hampshire law may immediately suspend or revoke your license for up to 12 months. The court may also hold a hearing to decide whether you have disregarded the court's order to use the device properly. If the court finds you in contempt, a sentence of up to 6 months in a county Department of Corrections facility could be your consequence.The court has the authority to issue additional orders in the same hearing or separately to ensure your compliance with the rules. These orders might extend your license suspension or revocation for up to another 12 months. In total, you could face up to 24 months of license suspension or revocation, on top of any potential time in a corrections facility.This is why it's so important to comply with all court orders and avoid tampering with the ignition interlock device. But if you find yourself in a situation where you're accused of tampering, remember, you shouldn't have to face this situation alone. Consider consulting with a legal professional. They can guide and support you through these serious legal issues.]]>On Behalf of Howie Law Office, PLLChttps://www.howielegal.com/?p=483752024-02-27T23:19:22Z2024-02-27T23:19:22ZKeeping an estate plan up to date
Many people procrastinate for so long about estate planning that they don't have documents when they need the most. Many others who do have an estate plan failed to regularly update their documents. Outdated estate planning paperwork can be the source of conflict among family members who may claim that the documents do not honestly reflect someone's wishes. A testator who regularly reviews and updates their estate planning paperwork can prevent conflicts related to outdated terms.
Planning for conflict minimization
There are several estate planning strategies that testators can use to diminish the likelihood of conflict among their beneficiaries. Adding a no-contest clause to a will is one such solution. Using a trust to arrange for the descent of property is another. The right estate planning paperwork can make it much less likely for beneficiaries to battle in court over someone's estate.
Communicating wishes with family members
Often, conflicts related to someone's estate plan stem from unmet expectations. Family members expect to receive certain property or a certain portion of someone's estate. When the estate planning documents do not meet those expectations, they may feel compelled to take the matter to court. People who honestly talk with their family members about their estate planning wishes can reduce the likelihood of their beneficiaries feuding over the resources they leave behind. Having open and honest conversations about the assets in someone's estate and what should happen with them can reduce the likelihood of people developing unreasonable expectations regarding their inheritances.
Addressing concerns like familial disputes during the estate planning process can help to ensure that someone's legacy is positive, rather than a source of conflict.]]>On Behalf of Howie Law Office, PLLChttps://www.howielegal.com/?p=483742024-02-26T16:40:30Z2024-02-26T16:40:30ZIs using someone else’s credit card illegal?
Families and friends sometimes lend each other credit cards when money is tight. Or they might ask someone else to make a purchase on their behalf or allow someone to use it as a generous gesture. Borrowing a credit card is usually fine, provided you have the card owner’s permission and if their cardholder agreement allows such use.
However, it is a crime to knowingly use a card that is stolen, canceled, revoked or without authorization. Similarly, it is unlawful to apply for a card with false information.
Credit card fraud involves the intentional and deceptive use of a credit card for monetary or personal gain. Whether you are completing an online transaction or swiping at a retail store, be careful when using a card that is not yours.
The penalties for credit card fraud
New Hampshire takes the fraudulent use of credit cards seriously. A conviction can have long-lasting consequences. You risk a felony charge, punishable by heavy fines and jail time. The value involved in your illegal transactions will determine the severity of your penalty.
If you believe that you have been wrongly accused or if you are already facing charges, consider reaching out to a legal professional. An experienced criminal defense attorney can help you understand the charges against you and explore possible defenses that can be vital to your case.
The next time you’re handling someone else’s credit card, keep these considerations in mind. Should the need arise, consider seeking legal counsel.]]>On Behalf of Howie Law Office, PLLChttps://www.howielegal.com/?p=483732024-02-19T20:25:06Z2024-02-19T20:25:06ZDrivers subject to arrest may have to perform a test
Technically, police officers can ask drivers test at any point during an interaction. However, refusing that request only triggers legal consequences in one specific scenario. Implied consent laws include language that requires that drivers submit to chemical testing when a police officer has probable cause to suspect impairment.
In other words, a test only becomes mandatory when an officer already believes they have reason to arrest someone for drunk driving. A violation of the implied consent law involves refusing to perform a test. An officer can proceed to arrest someone who does not perform a breath test using the probable cause that gave them a reason to request the test.
The state may then look at other evidence if they go to trial over their impaired driving charges. Drivers who understand their rights may have an easier time asserting themselves during an interaction with a police officer, which can be a stressful experience. Drivers can potentially refuse a request when an officer does not yet have probable cause to arrest them without facing any penalties.
Learning more about the rules that apply during a stop may help people explore their options for defending against impairment-related charges. Seeking legal guidance as proactively as possible, therefore, is generally wise after a stop that ends in an arrest.]]>On Behalf of Howie Law Office, PLLChttps://www.howielegal.com/?p=483722024-02-13T15:02:03Z2024-02-13T15:02:03ZReasons people plan a divorce in secret
People have different motivations for preparing for a divorce in secret. Some aim to gain the upper hand during divorce proceedings. They could be gathering crucial evidence that can influence custody or alimony decisions, attempting to hide assets or waiting to achieve certain financial or personal goals.
Whatever the reason, being served with divorce papers unexpectedly can catch you off guard and leave you scrambling to respond. Watch out for these signs that may imply your spouse is planning a divorce:
Refusing to share financial information (such as restricting your access to a joint bank account)
Withdrawing or spending larger amounts of money than normal
Showing unusual interest in family finances
Securing important documents such as property deeds or tax returns
Refusing to commit to long-term plans that involve finances such as new investments or big purchases such as a new house
Remember, every person thinks differently. Your spouse may not show these signs and still surprise you with divorce papers.
Importance of being prepared for divorce
Financial stability and child custody are among the biggest concerns during divorce. If you're caught off guard, you may be unprepared to deal with the immediate and long-term consequences of a divorce.
One major financial challenge of divorce is housing. Whether you keep the marital home or move out, you must be ready to shoulder the utility bills and cost of upkeep on your own.
Another key concern is the division of property. Without full access to or knowledge of what you jointly own, securing an equitable division can be difficult.
To protect your interests, it’s crucial to be prepared. Being aware of your spouse's intentions for divorce can also strengthen your position when it comes to negotiating vital matters, such as alimony and child custody.
Protecting yourself when divorce seems inevitable
If you suspect that your spouse has decided to end the marriage, practice caution before making any moves. Consulting an attorney can help you understand your rights and offer you legal advice that applies to your specific situation. They can inform you which documents to gather, how to safeguard your assets and represent you in court.
It's a tough pill to swallow, but some marriages don't last. By acting early, you can plan effectively for your future.]]>On Behalf of Howie Law Office, PLLChttps://www.howielegal.com/?p=483712024-02-01T03:45:49Z2024-02-01T03:45:49ZDurable powers of attorney
When someone has an emergency and requires medical care, only their spouse or next of kin can usually communicate on their behalf. However, people do sometimes arrange to have a specific person handle their medical needs in an emergency. Durable powers of attorney have specific language included in them that allows them to retain their legal authority even if someone becomes permanently incapacitated and forever loses the ability to handle legal matters on their own account. People can name an individual they trust or even a professional fiduciary to manage their needs in a durable power of attorney.
A living will
Living wills are perhaps the document people most frequently think of when they consider addressing future medical needs in an estate plan. A living will describes an individual's personal preferences regarding their health care. A living will could address matters including life support, pain management and even anatomical gifts.
With a living will in place, testators can feel confident that they should receive the care they prefer in an emergency. They may also derive comfort from providing clear instructions that eliminate much of the pressure their loved ones could face if they experience a medical emergency. No one should question the choices of a spouse or other agent if the testator provides clear instructions about their personal wishes.
The addition of one or both of these legal documents to an existing New Hampshire estate plan can help protect someone from the very real risk of incapacitation due to a medical emergency or declining ability as they age. Addressing personal needs in an estate plan can be as important as planning for the future needs of dependent family members.]]>On Behalf of Howie Law Office, PLLChttps://www.howielegal.com/?p=483702024-01-30T14:17:00Z2024-01-30T14:17:00ZPrescription drugs that are controlled substances
New Hampshire classifies controlled substances into five schedules based on their medical use, potential for substance abuse and dependence liability. The following are some prescription medications that have been identified as controlled substances:
Schedule II
Oxycodone (found in OxyContin, Percocet)
Hydrocodone (found in Vicodin)
Methadone
Hydromorphone (Dilaudid)
Fentanyl
Adderall (amphetamine/dextroamphetamine)
Ritalin (methylphenidate)
Schedule III
Products containing less than 90 milligrams of codeine per dosage unit (i.e., Tylenol with codeine)
Ketamine
Anabolic steroids
Testosterone
Schedule IV
Alprazolam (Xanax)
Carisoprodol (Soma)
Clonazepam (Klonopin)
Diazepam (Valium)
Lorazepam (Ativan)
Schedule V
Cough preparations containing less than 200 milligrams of codeine per 100 milliliters or 100 grams (i.e., Robitussin AC)
Lacosamide (Vimpat)
Pregabalin (Lyrica)
Legal repercussions for unlawful possession and distribution
The penalties for prescription drug offenses in New Hampshire can be severe because the same laws prohibiting illicit controlled substances also govern controlled substances with actual medical use.
Any person who manufactures, sells, prescribes, administers, transports or possesses with the intent to sell any controlled substance with medical use without authorization violates state law. The punishments on conviction depend on the type of controlled substance involved.
For instance, a person possessing an ounce or more of a Schedule II prescription drug like fentanyl or oxycodone with the intent to distribute faces up to 20 years of prison and $300,000 in fines on conviction.
Meanwhile, the possession of any Schedule V prescription drug with the intent to distribute leads to up to three years of prison and $25,000 in fines.
Prescription drug offenses are a serious matter in New Hampshire. If you or someone you know is facing prescription drug charges, it might be helpful to consult a legal professional to understand your rights and options.]]>On Behalf of Howie Law Office, PLLChttps://www.howielegal.com/?p=483682024-01-19T14:02:42Z2024-01-19T14:02:42ZHow stolen goods end up on online marketplaces
Law enforcement officials say that the surge in stolen goods sold online is more than just shoplifting—it's the work of organized crime rings. These groups deliberately target retailers known for items that sell well online, including major chains like Walmart, Costco and Walgreens, along with luxury brands like Louis Vuitton, Fendi and Gucci.
The organized crime ring hires a group of thieves to target and rob multiple stores. They pass off the stolen goods to fencers, who take the items for cleaning. After erasing any trace of theft from the products, the items are sold to unsuspecting buyers.
Penalties for selling stolen goods
In New Hampshire, individuals engaged in the trade of stolen goods may be identified as dealers. Dealers may face criminal charges for receiving stolen property, a form of theft, upon arrest.
The court weighs several factors when determining penalties for theft, including the value of the stolen property and the criminal history of the defendant. Misdemeanor charges and up to a year in jail may apply for stolen goods worth less than $1,000. Meanwhile, stolen property worth between $1,000 and $1,500 can lead to a Class B felony, punishable by three and a half to seven years in prison.
Possessing stolen goods exceeding $1,500 constitutes a Class A felony that carries a sentence of seven and a half to 15 years of prison time.
Regardless of one's role in the crime, from a minor participant to the leader of an organized group, the consequences are grave. Anyone accused should consider talking to a lawyer without delay. They can assess the situation, build a defense and provide guidance that can be valuable when facing the legal system.]]>On Behalf of Howie Law Office, PLLChttps://www.howielegal.com/?p=483672024-01-09T10:09:19Z2024-01-09T10:09:19ZWhat are inhalants?
Compared to controlled substances – which are typically illegal substances and drugs – inhalants are usually household items such as aerosols, gases and solvents that can produce chemical vapors. Stuff like glue, whipped cream sprays, paint thinner and lighter fluid have particularly powerful vapors that can impair cognitive and motor functions when inhaled.
Inhalants can cause dizziness, confusion, and slowed reaction times, which are dangerous for drivers.
The law on inhalants
Per state law, it’s illegal to operate a motor vehicle while under the influence of any controlled drug or substance that impairs a person’s abilities. The law doesn't differentiate between alcohol, illicit drugs, prescription medications, or inhalants. Officers will cite drivers for any hint of impairment.
Unlike alcohol, where a driver with a blood alcohol concentration (BAC) of 0.08% is legally impaired, there is no "legal limit" for inhalants. The presence of impairment is enough for a DWI charge.
The penalties for inhalant-induced DWI
The punishment for an inhalant-induced DWI are similar to those for alcohol-related offenses and can include:
At least $500 in fines for a first offense
Revocation of driver’s license for up to two years
Participation in an impaired driver care management and driver education program
Although a driver convicted of inhalant-induced DWI won’t likely face a requirement to install an ignition interlock device on their vehicle, a court can still order them to participate in substance abuse treatment.
Driving after using inhalants is a serious offense in New Hampshire. If you're facing a DWI charge related to inhalant use, it's critical to seek legal counsel to navigate the complexities of your case. Remember, impairment from any substance while driving threatens public safety and is treated as such under state law.]]>