Manchester Legal Blog

Criminal defense protects individual's rights

On behalf of Backus, Meyer & Branch, LLP posted in criminal defense on Tuesday, November 12, 2019.

Looks can be deceiving. What appears to be a crime may in fact be something entirely different. In many instances, what occurs is beyond the scope of the general population's ability to determine if a crime is in progress or if there may be some other type of concern that needs to be addressed. When a New Hampshire resident suddenly finds him or herself at the center of something that may be considered a crime, such as DWI, a sound criminal defense will go a long way in protecting the individual's rights.

Recently, a middle-aged New Hampshire man was spotted driving in what appeared to be an unsafe manner. Witnesses claim that he was quickly veering into different lanes and that his vehicle even hit the guardrail. Law enforcement officers attempted to stop the vehicle; however, the driver failed to stop, and officers pursued him until he finally stopped. The driver was then arrested and charged with DWI as well as other related charges.

Can you relocate with your kids after a divorce?

On behalf of Backus, Meyer & Branch, LLP posted in family law on Tuesday, November 5, 2019.

As you move past your divorce in Manchester, new opportunities will no doubt present themselves in your life. One of those may be the chance to relocate to a new area in order to secure a new job, start a new relationship or be closer to your extended family. Yet relocating following a divorce is rarely a simple matter if you and your ex-spouse have children together. According to New Hampshire’s Domestic Relations code, if you plan to relocate your kids from a residence where they spend at least 150 days every year, you must follow the state’s requirements for parental relocation.

This starts with providing notice of your intention to move at least 60 days prior to your moving date. When the children’s other parent receives such a notice, they can object to you moving away with the kids. In such a scenario, the court will typically issue an order temporarily preventing the relocation until the matter can be resolved (yet understanding the time-sensitive nature of your relocation, the law requires that a hearing be held within 30 days of receiving the objecting parent’s petition).

Men fight back against the #MeToo movement

On behalf of Backus, Meyer & Branch, LLP posted in criminal defense on Thursday, October 17, 2019.

CNN notes that in 2017, the #MeToo hashtag went viral on social media and in the news. This followed accusations of sexual harassment against a famous film producer. Since then, the movement has spread to New Hampshire and the rest of the United States. It empowered many women who suffered in silence to speak out, and not just in America, but overseas.

Men now take issue with the medium many women choose to accuse them. Instead of getting tried in a court room, they increasingly find that the accusations are made publicly to news agencies or via social media. This can have devastating effects on a man’s career following thoughtless comments made while drunk that they may have later sought to make honest reparations for.

Even minor workplace accidents may lead to personal injury

On behalf of Backus, Meyer & Branch, LLP posted in personal injury on Monday, October 7, 2019.

Many workers in New Hampshire who suffer from workplace accidents may ignore the possible repercussions. When workers suffer from minor accidents, they may disregard it or believe it is not important enough to report. This may include dropping a heavy item on their foot without breaking any toes, tripping up one step and landing on their knee or closing their finger in a door.

These are indeed minor compared to falling from a roof or tripping down a flight of stairs. Even so, they may cause injuries. Failure to report these incidents and a tendency to write the pain off as unimportant at first may catch up to the person later on. It is always best to report an accident no matter how minor, as the pain or subsequent injury may creep up later on.

Factors involved with divorce proceeding decisions

On behalf of Backus, Meyer & Branch, LLP posted in family law on Monday, September 16, 2019.

Couples who are going through a divorce in New Hampshire have a lot of decisions to make, and one of the first ones is how to proceed with the divorce. The ideal situation is when both sides come to a mutual agreement about how to divide things and where each will live, but this is rare. Most couples either choose to go through divorce mediation or fight it out in court, and there are factors to consider before making a decision about which route to take.

Money Crashers discusses the benefits of divorce mediation. Mediation uses a neutral third party to negotiate terms of the agreement, and it typically is less costly and a shorter process than litigation. It also usually improves the couple's ability to communicate and is less stressful.

What factors affect child support modification?

On behalf of Backus, Meyer & Branch, LLP posted in family law on Thursday, September 5, 2019.

When you get divorced in New Hampshire, the court uses current information about your children's needs and you and your spouse's income to create child support orders. If your economic circumstances change at some point after the initial child support agreement, it may be necessary to request a modification. New Hampshire state law has specific guidelines for requesting a change to child support orders.

According to the New Hampshire Judicial Branch, you may request a change in a child support order as either the paying or receiving party. For example, if you are paying child support and lose your job, you may request to have your payments reduced. If you are the one receiving child support, you may need to request an increase in payments if your child requires long-term medical care. There are numerous other circumstances that may require child support orders to change. The Judicial Branch indicates that child support modification is possible when there is a "substantial change of circumstances."

DWIs on the increase in NH

On behalf of Backus, Meyer & Branch, LLP posted in criminal defense on Tuesday, August 20, 2019.

A 2014 report issued by the CDC showed that 399 people died in crashes involving a drunk driver between 2003 and 2012 in New Hampshire. In spite of this number, the state had a surprisingly low death rate compared to the national average.

In fact, New Hampshire had no death rates related to drink driving for people between the ages of 0 to 34 at that time. Meanwhile, the national average for 0 to 20 and 21 to 34 were 1.3 and 6.7, respectively. Men also fared far worse than women. New Hampshire women had no death rates related to this, compared to a national average of 1.5. In contrast, men stood at 4.1, compared to a national average of 5.2.

America’s most dangerous dogs based on fatal attacks

On behalf of Backus, Meyer & Branch, LLP posted in personal injury on Tuesday, August 6, 2019.

Under the right — or wrong — conditions, any dog in New Hampshire has the potential to be dangerous. However, some dogs are more commonly associated with incidents of fatalities than others. This may result from people breeding specific types of dog for more aggressive purposes, such as guarding a home or illegal dog fighting. In other instances, some breeds may be associated with more fatalities because of their size and jaw structure, which increases the likelihood of a dog bite becoming fatal.

According to a Forbes article, pit bulls are overwhelmingly associated with deadly incidents. Between 2005 and 2017, pitbulls were involved in 284 fatal attacks. To show how much higher this is compared to other dogs, next in line is the Rottweiler at only 45. Third in line is the German Shepherd with 20 fatal incidents. To put this into even better context, consider that pit bulls only account for 6.5% of the dog population in America. This certainly does not mean that all pitbulls are dangerous, but the likelihood is several times higher for that breed than any other.

Plan for the children’s college education during a divorce

On behalf of Backus, Meyer & Branch, LLP posted in family law on Tuesday, July 23, 2019.

When planning for a New Hampshire divorce that involves children, not enough parents give due thought to how they will pay for college. The younger the children, the less likely this is to come up. However, the sooner parents tackle this problem, the better it is for everyone involved.

Child support typically ends when a child reaches adulthood, which is also when they begin college. Failure to make arrangements could cause the homemaker parent to become the only one financially supporting the child at college.

What makes Miranda warnings so important?

On behalf of Backus, Meyer & Branch, LLP posted in criminal defense on Wednesday, July 10, 2019.

The famous Miranda warning, typically started off with the statement “you have the right to remain silent” is well known in American culture, as it is widely shown in movies, television shows, and also discussed in media stories in New Hampshire and throughout the country. The guiding principle behind Miranda warnings is to make sure that law enforcement does not take advantage of a person’s ignorance of constitutional rights and coerce the person into self-incrimination.

As FindLaw explains, the original 1966 Miranda court ruling concluded that Ernesto Miranda, a man who petitioned the court that his civil rights were violated, was not fully explained his rights before he signed a confession admitting that he was guilty of a violent crime. In the Miranda ruling, the Supreme Court established the principle that without proper knowledge of their rights, individuals cannot voluntarily set aside their right to remain silent and not make incriminating statements.