Feed: NH Legal Resource | Personal Injury | DWI | Criminal - AggScore: 46.0

Your Guide to a CDL DUID Charge

If you have a CDL you know its value. More than just a right to drive big rigs, motorcycles, and other atypical vehicles, a commercial driver’s license provides you with a way to make an income and build a career. Most individuals who possess a CDL understand that the ramifications of driving under the influence of drugs or alcohol can mean more than a fine and a temporary loss of driving privileges; it could result in the end of a career.

In New Hampshire, the law punishes those who hold a CDL severely if caught driving under the influence of drugs. Those who have a CDL and a DUID on their record may have a difficult time finding future employment in commercial driving, or any other industry. If you were charged with a CDL DUID, and you were not ingesting drugs illegally or drinking over the NH BAC limit (.04) you could still receive a DUID charge. Prescription drugs in the form of painkillers and other similar medicines can cause reactions very similar to those driving under the influence of alcohol.

CDLs and Prescription Painkiller Drugs – Your Rights in New Hampshire

Painkillers can result in driving impairment just as alcohol does. However, the effects of alcohol fade away with in a day or so, but painkillers can last in your system for weeks. Drinking, even small amounts can double the effects of these medicines. Sleep deprivation, a lack of food, dehydration, or ingesting another medicine on top of your prescription painkillers can result in:

• Slurred speech
• Delayed reactions to questions
• Poor coordination
• Disorientation
• Double-vision
• Sleepiness

In New Hampshire police office will administer sobriety tests, which are the same used for alcohol-related offenses. You could be cited for a DUID, or DWI if the officer determines you are unfit to drive. However, field sobriety test are often administered incorrectly making it easy for CDL drivers to walk away with a false conviction.

NH DWI Attorney Fights False Charges against Your CDL

Attorney Ryan Russman has specific experience regarding drug and alcohol testing in New Hampshire. As an expert in alcohol, drug, and prescription drug testing, he knows how to examine your charge and the results of the tests leading to your charge. Attorney Russman is certified as:

• A Drug Recognition Expert (DRE)
• NHTSA/IACP Standardized Field Sobriety Testing Instructor and Practitioner
• NHTSA/IACP Drug Evaluator

As New Hampshire’s only board-certified DWI attorney, he is the lawyer you need to talk to when charged with a CDL DUID. Even if your charge occurred out of state, NH still has the right to temporarily suspend your license until your case is resolved. This means an immediate loss of income for many CDL drivers. Prescription medicines and over-the-counter drugs that can affect your driving include:

• Anti-depressant medications such as Paxil or Zoloft
• ADHD drugs such as Ritalin
• Pain medications such as Vicodin or OxyContin
• Cough Syrups and cold medications that contain Dextromethorphan
• Sleep medications such as Cymbalta

Contact Ryan Russman for Information about Prescription Drugs and NH Law

Your CDL could be at risk for permanent revocation if charged with a DWI or DUID. Attorney Russman knows how to investigate the difference between operating a vehicle under the influence and an improperly administered sobriety test. His experience can save your career, and your life. Talk to him today about your options.

Workplace Harassment Can Lead to Serious Charges

Unfortunately, it’s a situation that happens often. You may be in a hostile work environment, or you might not even suspect it. When you are hit with harassment charges at your place of work, it can be a difficult, and delicate, situation. Sexual harassment laws are designed to crack down hard on those charged with workplace harassment related charges. What happens when you have been falsely accused? You need to call NH sexual harassment lawyer, Ryan Russman.

Harassment Charges – What Does it Mean?

It usually starts within the workplace; a co-worker or another colleague may feel he or she is in a hostile work environment. As the individual feels threatened, the usual next step is to file a complaint with the company’s human resource department. If the correct procedures and policies are in place, the human resource department will investigate the claim, interrogate anyone involved in the situation, and administer disciplinary action as needed. The following actions or incidents are considered sexual harassment:

• Any unwelcome verbal, visual, or physical conduct that is sexual in nature
• Communication, drawings, or pictures depicting sexual material
• Non-verbal signals or derogatory gestures
• Physically threatening or inappropriate touching

Workplace harassment can get more serious, when the human resource department files charges with local authorities. Harassment charges of this nature can involve more serious penalties, and could result in a public and complicated ordeal, including a trial, media exposure, and more.

How Do Sexual Harassment Laws Affect Me?

Every workplace should have an employee handbook that clearly states company policy, state and federal law regarding workplace harassment. When employed with a company, you will be required to accept and follow their policies regarding workplace conduct in addition to following the law.

Penalties can vary in the workplace as every employer handles workplace harassment differently. The severities of the charge and the circumstances also have an effect on the punishment given.

• Minimal charges can include:
• A verbal or written warning
• A remedial class or course on the definition and behaviors that constitute sexual harassment
• A brief suspension of employment

Severe penalties may include the following:

• Job termination
• Criminal charges reported
• Fines and court fees imposed
• Jail time

What Constitutes as a Hostile Work Environment?

When an employee or even an employer feels threatened, they may consider their workplace hostile. When the sexual harassment claims are directed towards you, it is essential that you know your rights. Sexual harassment charges get complicated with both sides pointing blame. The first and foremost fact about sexual harassment is that the harasser’s conduct must be unwelcome and clearly documented as such. If the victim does nothing about the actions, or participates willingly in the actions the case against the intended harasser weakens considerably.

Can a NH Sexual Harassment Lawyer Do Anything for Me?

If you have been charged with workplace harassment you should have proper legal representation. A sexual harassment crime on your record could result in job loss, prevent you from getting a job in the future, and severely hinder your quality of life. NH sexual harassment lawyer, Ryan Russman understands the specifics of workplace harassment law and the rights of each party. He knows how to investigate delicate matters, keeping information confidential. You can trust Russman Law, because attorney Russman handles all cases discreetly. His legal experience can mean the difference between a dropped charge and years’ worth of penalties. Talk to him for free today at 677-772-3433.

CDL DUI in New Hampshire – A Charge that Could Last a Lifetime

Getting a commercial driver’s license is a big deal. For many, it is necessary to operate equipment, large vehicles, and ultimately to sustain and care for a family. A CDL can be the means to a paycheck. It is also a privilege. For many New Hampshire residents studying and taking the DMV course on commercial driving is essential to getting a job. When your commercial driver’s license is at risk with a DUI charge, your income and way of life could instantly suffer.

Commercial Driver’s License Disqualification

In New Hampshire, those wishing to operate vehicles on a commercial scale are required to take and pass the CDL test provided by the Division of Motor Vehicles. The training for this test is often supplied by an employer. During your training you will learn how about:

• Drug and Alcohol testing
• Insurance requirements
• Driver qualifications
• Hazardous materials transportation
• Accessories and implements needed to operate a commercial vehicle
• Reports and maintenance

You will also need to receive specialized training for operating large vehicles, big rigs, and specialty automobiles. It takes time, effort, and dedication to comprehend the responsibilities surrounding a CDL. With all the time spent in getting and keeping a license, what would have to happen for a CDL disqualification?

• You could be suspended for one year with a first time conviction for your CDL resulting from a DUI.
• Second DUI convictions result in a permanent CDL disqualification.

It doesn’t take much for all of your hard work to be immediately revoked. DUI and CDL laws in New Hampshire are especially stringent when it comes to driving and operating vehicles; even more severe than laws for non-CDL drivers. If tested with a BAC of .04% you could be convicted of a CDL DUI. The margin for error is very narrow for those who have a commercial driver’s license and operate a vehicle under the influence.

A NH DUI Could Destroy Your Chances for a Job

Since the margin is so low, many CDL holders find themselves in a quandary. What happens to the drivers who have been falsely accused of drinking? What about inaccurate sobriety tests? How do you remove a DUI charge when you have a CDL?

The answer seems simple, but many who have a CDL and DUI may not know the answer. New Hampshire DUI attorney Ryan Russman suggests you hire a skilled and experienced attorney to fight for your side of the story in court. Without a knowledgeable attorney, you could lose your job permanently. If you are convicted and you lose your CDL privileges, your chances of working with commercial vehicles could be destroyed completely.

It’s a common occurrence for sobriety testing to go awry. With years of experience in the field, Russman, who is board-certified in all sobriety testing methods, has assisted hundreds of individuals wrongly accused of a DUI. A suspension or revocation could just be the beginning. A court may also order a convicted individual an extended stay in prison, alcohol management courses, or parole.

Get Assistance from New Hampshire DUI Attorney Russman

A CDL disqualification can change your life for the worse. Why wait for that to happen? As soon as you have been charged with a DUI, talk to Ryan Russman. His past experience and deep level of knowledge on DUI and DWI laws in New Hampshire will show you that he knows what he is talking about. A CDL DUI conviction can stop your way of life. Don’t let it.

More information on New Hampshire DUI and CDL Laws.

Client Testimonial:

He saved my license and career

Mr. Russman is extremely professional, reliable and was an invaluable asset. I was on the verge of losing my license, and Mr. Russman saved my license and my career! I cannot thank him enough for his services, and highly recommend him to anyone facing a DWI charge.

Frank G. – Exeter

Contact NH DUI Attorney Ryan Russman today for a free legal consultation. (603) 772.3433

Sexual Assault or a Rape Charge – What’s the Difference?

What is sexual assault? How is that different from a rape charge? Those charged with either type of crime can easily get confused with the classifications of crimes in New Hampshire and how the state laws affect those who are convicted. If charged with a sex-related crime, understanding the meaning behind the charge is crucial in determining the best course of legal action.

What is Sexual Assault?

A sexual assault charge is a broadly defined term that can include a rape charge, and any number of other sexually-related crimes. Essentially, sexual assault is a statutory offense that refers to any sexual act, circumstance, or behavior that was committed without consent to another person. Sexual assault charges include:

• Attempted rape
• Rape
• Indecent exposure
• Child pornography/child sex abuse
• Groping
• Sexual harassment
• Lewd conduct
• Prostitution or solicitation of a prostitute

When charged with sexual assault, the authorities will determine the specific type of assault that the crime falls under.

What Does a Rape Charge Mean to Me?

If you are charged with rape, hire a NH criminal defense attorney immediately. Don’t discuss your case with the authorities, don’t try to reason with the opposing party, just call a lawyer. Ryan Russman is one of New Hampshire’s leading criminal and rape defense attorneys. His understanding of sexual assault crimes and the related laws can dramatically change the outcome of your case.

Sexual Assault and Rape Penalties in NH

In New Hampshire, the rape penalties are uncompromising. Those who have been found guilty live with a lifetime of regret and penalties that extend for years. Some sexual assault penalties for New Hampshire include:

• A prison sentence – anywhere from a year to life in prison without parole, depending on the severity of the crime
• Lifetime parole supervision
• Included on a state and national database for sex offenders
• Public announcement of criminal record
• Rehabilitation courses
• Restrictions on housing
• Decreased availability for job opportunities

The list could go on. A rape charge easily could turn into a Class B or regular felony which could ruin a number of positive opportunities for your life. Aggravated sexual assault charges are serious crimes that could result in your loss of freedom forever. Depending on the circumstance, rape penalties could be longer in duration and more severe than a sexual assault charge. Rape penalties are not to be taken lightly, contact NH criminal defense attorney Ryan Russman right away.

Hiring a NH Criminal Defense Attorney May be Your Best Option

No matter if you have a sexual assault or rape charge, attorney Ryan Russman can defend you. He doesn’t just review the law and past cases, he thoroughly investigates your case. He researches, interviews, and even conducts medical research to ensure you have the best defense possible. If falsely or wrongly convicted, the courts, and those who love you may see you as a criminal for the rest of your life. Avoid the pain that sexual assault or rape penalties can bring. Talk to Russman today about your case to hear your options.

Hindering Apprehension in New Hampshire

What is Hindering Apprehension and Prosecution in New Hampshire

Within the category of a criminal mischief charge is the crime of hindering apprehension and prosecution. This is commonly associated with harboring or concealing someone whom you know is wanted by law enforcement. If you have been charged with this offense, immediately contact a New Hampshire criminal defense attorney.

Hindering apprehension, though, also includes providing that individual with transportation, a weapon, or a disguise to elude detection. Warning the wanted person that police are coming is included under this offense.

Further violations include concealing, altering or destroying any evidence that police could use in finding, apprehending or convicting the person at large; and by deceiving the police or obstructing an officer from performing any act that could lead to the apprehension or conviction of that person.

Wiretaps are sometimes used in discovering a wanted person or in gathering evidence against him or her. If you know that any communication, including emails or phones, are being tapped or traced and you alert the person of this, you can be charged with hindering apprehension.

Hindering apprehension is generally charged as a misdemeanor, unless the accused had reason to know that the person he or she is harboring or assisting under the elements of this offense committed a Class A felony. In this case, the accused can be charged with a Class B felony.

A Class B felony carries possible state prison time of 3 and one-half to 7 years.

Examples of hindering prosecution include:

• Concealing evidence that could be used to convict someone
• Laundering money or exchanging it for other bills if you know or suspect the bills are marked is a chargeable offense, as is keeping stolen goods in your possession until they can be distributed.
• Destroying evidence such as discarding a weapon that you knew was used in committing a crime could be charged as a Class B felony.

Criminal Defense for Hindering Apprehension and Prosecution

A person must obviously have been aware that the person being hid or concealed is wanted by the police. Merely having that person stay the night or by giving them funds for a bus is not sufficient without the intent to help the person elude capture.

One of the more famous examples was that of Dr. Samuel Mudd who treated Lincoln’s assassin, John Wilkes Booth, while Booth was fleeing, and allowed him and his cohorts to stay at his residence, but probably was unaware of Booth’s act.

Although hindering apprehension or prosecution in New Hampshire is typically a misdemeanor offense, this should not dissuade anyone charged with this offense from retaining the best possible NH criminal defense attorney. Misdemeanor convictions are included on your criminal record and will be seen by any potential employer or landlord.

Also, your misdemeanor could be upgraded to a Class B felony if evidence reveals that the underlying crime becomes murder or a Class A felony. Felonies involve serious prison time and a conviction can drastically affect your life for years, if not permanently, unless you retain a New Hampshire criminal defense lawyer with experience and knowledge to ensure all your rights are protected and all viable defenses and alternatives researched and presented.

Ryan Russman is one of New Hampshire’s premiere criminal defense attorneys who has successfully represented persons charged with hindering apprehension and prosecution throughout New Hampshire. Contact him today for a free consultation.

Identity Theft in New Hampshire

Identity Theft Arrest: What Now?

In an increasingly technological world, identity theft has become a familiar crime. It has been a familiar crime in some areas of New Hampshire like Exeter, Portsmouth and Manchester. A New Hampshire identity theft offense is a matter of serious concern since it is classified as a class A felony if the loss exceeds $1,000. Otherwise, it is a class B felony.

Identity theft consists of a number of different acts. These include the following:

• Impersonating someone with the intent to defraud someone out of money, goods, services or anything of value.

• Obtaining the personal records of another person, including social security number, bank account numbers, driver’s license, or other identifying documents without that person’s consent with the intent to pose as that person.

• Obtaining the personal records of another person without their consent to help another party pose as that person.

• Impersonating another person with the intent to obtain confidential information not available to the general public.

How Does Identity Theft Occur?

Most identity theft occurs online by computer savvy hackers who are able to gather data from unprotected computers, or by enticing a computer user into giving up credit card, banking, or other data.

Personal information can also be obtained by stealing mail or by sifting through someone’s garbage or discarded documents.

Skimming is another method used by retail employees who use a device that copies information contained in a credit card’s magnetic strip to create a new card.

Safeguarding your security card number is essential. People could use your number to apply for credit cards, loans, government benefits, and even a driver’s license to slowly drive up debt in your name or slowly drain your bank accounts.

Penalties for Being Convicted of Identity Theft

Most identity theft cases in New Hampshire involve a loss of more than $1,000, which classifies the offense as a class A felony, which carries up to 15 years in prison and/or a $4,000 fine. This usually encompasses credit card fraud. If the loss is under $1,000, it is a class B felony, with imprisonment of up to 7 years. In some circumstances, the theft may be downgraded to a misdemeanor.

If you used a scanning device to skim a credit card’s magnetic strip to obtain information to create a new card, the crime is a misdemeanor. However, if you used the device at least two times for such purposes, the offense is enhanced to a class B felony.

The court will also order you to pay restitution to the victim or to the bank or other financial institution, if it reimbursed its defrauded customer. A civil suit could result in your having to pay $5,000 per incident, or three times the actual damages, whichever is greater.

Retain a New Hampshire Identity Theft Attorney

You face considerable penalties if convicted of identity theft in New Hampshire. You could spend years in prison and be subject to thousands of dollars in fines and restitution to your victims.

Once you are released from prison, you will be on probation and may be subject to certain restrictions that could seriously affect your lifestyle. You also face considerable obstacles in seeking employment, housing, enrolling in school, or in obtaining a professional license.

Don’t trust your freedom and your future to any criminal defense lawyer. Get a free consultation with Ryan Russman, one of New Hampshire’s premiere criminal defense lawyers.

Burglary and Theft Defense in New Hampshire

Burglary in New Hampshire

Burglary can be a crime of theft. In New Hampshire it is generally charged as either a Class B or a Class A felony depending on the circumstances of the crime.

Under New Hampshire criminal law, a burglary is charged as a Class B felony if a person enters an occupied building or structure without permission, or even a locked room the person has no permission to enter, with an intent to commit any crime, although it is generally to steal property.

It is considered a Class A felony, however, if the offense occurs in a dwelling at night or if the defendant uses a deadly weapon while committing the crime or while fleeing, or inflicts serious bodily injury on anyone.

For a structure to be occupied within the meaning of the law, it must be a place that a person uses to live or sleep at, or uses for business purposes. It is not necessary that anyone be present at the time a burglary is committed.

Also, the element of night, for purposes of a Class A felony, means 30 minutes after sunset up to 30 minutes before sunrise.

There is no requirement that you force your way into a structure or dwelling, so long as you lacked permission to do so, or that you commit any crime, so long as you apparently had the intent to do so for a burglary arrest. For example, if you have a weapon in your possession or told someone beforehand of your intent to commit a crime in another person’s building or dwelling, this could be evidence of your intent.

Burglary can be charged as a misdemeanor if you are caught with any devices that could be used to unlawfully enter a building, room, safe, or vault, with the intent to steal something or to commit any other crime. Law enforcement and prosecutors normally refer to these devices as burglary tools. These include knives, box cutters, screwdrivers, or any other implement that is so used.

Making or altering a tool or implement to be used for forcing open or breaking into a room, building, vault, or safe is also a misdemeanor.

Defenses to Burglary

The most obvious defense to a burglary is that the structure or dwelling is abandoned. It probably is legally insignificant if a homeless person or trespasser happens to be sleeping in a building either normally used as a dwelling.

If you lawfully entered a building and then entered a room in which you did not have permission to enter but believed you did and committed a crime, the prosecutor may not be able to prove you should have known you did not have permission.

Theft in New Hampshire

Theft is the unlawful taking of someone else’s property with the intent to permanently deprive the owner or lawful possessor of the item, or to obtain the services or labor of another without the intent to pay for it. Anyone with a theft arrest should immediately contact a NH burglary and theft attorney.

The severity of the offense is determined by the value of the item or services unlawfully taken.

There are numerous theft offenses under the criminal law statutes of New Hampshire. The following is a short list:

• Unauthorized Taking
• Willful Concealment
• Theft by Deception
• Theft by Extortion
• Theft of Services

Unauthorized Taking

Embezzlement, which no longer has a separate category, is included herein. It is merely obtaining unlawful control over someone else’s property with the intent to deprive that person of that property.

Willful Concealment

Attempted shoplifting may be a part of this offense if the person, while in the store, willfully conceals the items. Switching price tags to a lower amount or to a different container are also examples. This is typically a misdemeanor.

Theft by Deception

This is giving a false impression as to the value of property, fails to correct a false impression that the accused created or reinforced and which he or she knows is influencing another person to whom the accused is in a fiduciary or confidential relationship, fails to reveal a known lien or claim, and the person suffers a loss.

Theft by Extortion

Extortion is obtaining or gaining control over another person’s property by threatening physical harm, subjecting that person to restraint, accusing the person of a crime or that he or she will be exposed to contempt, or takes any action that would substantially harm that person’s health, safety, career, reputation, or personal relationships. This is a Class B felony.

Theft of Services

Theft of services occurs when labor or other services for sale are obtained by deception, threat, force, or any other way to deprive the person of compensation. This also applies to utility services, restaurant meals, lodging, transportation, or admission to sporting or entertainment events.

Penalties for a Theft Conviction in NH

These offenses are misdemeanors if the value of the item or services taken is $1,000 or less. If the value exceeds $1000 but is less than $1,500, it is a Class B felony, unless a firearm is stolen or the accused is armed with a deadly weapon, which carries a sentence of 3 and one-half to 7 years in prison. At least three other theft offenses committed within a 72-hour period also constitutes a Class B felony.

If the value exceeds $1,500, or the accused has a two prior theft convictions as a felony or Class A misdemeanor, it is a Class A felony.

Theft Defense

A theft defense is demonstrating that the accused is the true owner of the property, or that no trust or fiduciary relationship existed if accused of deception. Extortion cannot be demonstrated if the consent was not induced by force or fear.

A concealment defense is that the person mistakenly placed an item in his or pocket with no intention to steal it.

No intent is shown if the defendant was unaware the property belonged to someone else, or believed he or she was entitled to the property or services.

Intoxication can be a viable defense if the accused mistakenly believed the item belonged to him or her or that a service was already paid.

Often, if the defendant attempts to return the item, a court or prosecutor may treat the defendant more leniently, although this is not a defense to the crime.

If you’ve been charged with burglary or theft, contact NH Attorney Ryan Russman today for a free legal consultation advising you of your rights.

Resisting Arrest in New Hampshire

Resisting arrest is also considered a criminal mischief charge in New Hampshire. If you were placed under arrest by a person that you knew, or should have known, to be a law enforcement officer, you had a duty under the law to submit to that person’s authority.

You cannot resist any attempt to detain or arrest you by using force or by using a weapon. The same duty applies if the law enforcement or peace officer is arresting or attempting to arrest or detain another person.

You can verbally protest the arrest by arguing with the officer so long as you do not apply any force or threaten the officer with violence. Taunting the officer or being verbally abusive may qualify as resisting arrest, but there may have to be a reasonably implied threat accompanying the taunt or verbal protest

Also, the arrest does not have to be legal or have any legal basis. Further, the law enforcement officer includes not only a police officer but a parole or probation officer.

Most people are aware that they committed a crime and are subject to arrest, but there are situations of mistaken identity. It is best, however, that you peacefully submit to an arrest if you are reasonably aware that the person is a peace officer. If you are arrested for any charge, immediately call a New Hampshire criminal defense attorney.

Resisting arrest is usually charged as a misdemeanor, which carries a possible jail sentence of up to one year. If the resister used a weapon or caused bodily injury to the officer, he or she could be charged with a Class B felony along with an assault and battery charge. A Class B felony carries possible incarceration in state prison of 3 and one half to 7 years.

Criminal Defenses for Resisting Arrest in NH

There are defenses against the crime of resisting arrest that a competent NH criminal defense lawyer can explore for you. A peace officer has to act within reasonable bounds and not use unnecessary force and violence that would constitute an assault or battery in effecting the arrest or detention.

For example, if the officer without cause attempt an arrest by beating the accused with a weapon or by molesting the defendant, he or she has a right to reasonable self-defense.

Further, the officer must have acted under color of authority and have announced his or her intention to arrest you. If the officer was not in uniform, did not produce official identification, and merely attempted to place handcuffs on you, this could constitute a reasonable defense. However, a police officer can be off-duty but so long as he or she is wearing a uniform or badge and announces his or her intention to arrest you, the officer is acting under color of authority.

If the peace officer acted illegally and without color of authority, he or she could be charged with a federal offense under Section 242 of Title 18, Deprivation of Rights Under Color of Law, which is punishable up to one year in prison. If a weapon is used by the officer or the threat of one while acting illegally, he or she faces up to 10 years. A fatality or the use of violence can subject the officer to life in prison.

If the arrest was illegal, you might also have a civil action for false arrest or even for personal injury if you suffered injuries.

Ryan Russman is a prominent criminal defense attorney in Exeter, New Hampshire who also has offices in Manchester and Portsmouth and has handled serious criminal cases including charges of resisting arrest throughout the state. Mr. Russman is a member of the National Association of Criminal Defense Lawyers and has appeared on radio and television to discuss criminal law topics.