Manchester Legal Blog

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.

Personal injury claims against asbestos exposure

On behalf of Backus, Meyer & Branch, LLP posted in personal injury on Tuesday, June 25, 2019.

Many workers in Massachusetts are only just now getting sick after exposure to asbestos in the past. Some unethical professionals have noted this and attempted to game the system for the benefit of themselves and their clients. Forbes points out that this is at the expense of people who truly are sick from asbestos, while protecting the companies who are actually responsible for this sickness.

Professionals pull this off by withholding valuable information about the many businesses a victim may have worked for. This could then allow the person to sue multiple businesses for the same illness and receive a large settlement from each. Unfortunately, many of the businesses hit with litigation are small warehouses that allegedly had very little to do with asbestos exposure compared to the larger ones.

Quick tips for a more peaceful divorce for exes and children

On behalf of Backus, Meyer & Branch, LLP posted in family law on Thursday, June 13, 2019.

When people in New Hampshire talk about a peaceful divorce, the focus is mostly on ex-spouses getting along. However, children are also affected by whether or not a divorce involves as little drama as possible. According to the American Academy of Pediatrics, more than 1 million children have been affected by over 800,000 divorces in America over the past few years.

Some children and spouses experience trauma not just during the divorce, but before and after. This may be due to the circumstances around why the spouses decided to divorce. Cases of abuse are often the most heartbreaking.

Innocent people are taking guilty pleas

On behalf of Backus, Meyer & Branch, LLP posted in criminal defense on Tuesday, May 28, 2019.

Are innocent people in New Hampshire pleading guilty to crimes they did not commit? A new report cited by Forbes claims that innocent people are pleading guilty all across the country. Why would anyone confess to a crime they did not commit? The problem lies in the way the American justice system is set up.

Everyone is entitled to a fair trial in theory, but in practice, not everyone gets one. Sometimes a case is so strong and public opinion is so against the defendant that pleading not guilty becomes a gamble with one’s life. Defendants can either take a guilty plea for a lighter sentence, or risk the harsh penalties that may come with a conviction after pleading not guilty.

How can I ensure my prenup is enforceable?

On behalf of Backus, Meyer & Branch, LLP posted in family law on Sunday, May 19, 2019.

Prenuptial agreements aren't just for the ultra-rich. They can also help everyday people protect their assets and enter into a marriage with a clear understanding of shared finances. CNBC explains what goes into a legally binding, enforceable prenup that protects the interests of both spouses.

All prenups must contain certain elements. Assets owned by either party should be explicitly explained. Separate property is not subject to asset division should a couple get a divorce. Assets that aren't mentioned will be included, so it's best to disclose everything you own while creating the agreement. You should also devise a plan for how shared property will be divided. If you're a business owner, you'll need to lay out rights and responsibilities regarding earnings made by your business during your marriage. You should also keep in mind some commonly included provisions that aren't actually enforceable.

You can’t always tell who’s liable for a wrongful death

On behalf of Backus, Meyer & Branch, LLP on Monday, May 13, 2019.

A Texas mother suffered the tragic loss of her son when his vehicle collided with the Sport Utility Vehicle driven by The Weather Channel's storm chasing crew. In the lawsuit that was filed by the mother, she claimed that her 25-year-old son had the right of way when the Storm Wranglers program Suburban failed to stop at a stop sign and struck her son's Jeep at a speed of 70 mph. The lawsuit further alleged that the occupants of the SUV would regularly drive recklessly and fail to stop at stop signs.

The victim in the crash, Corbin Jaeger, worked for the National Weather Service and was driving away from a tornado located in nearby Spur, Texas, when the crash occurred with the Storm Wranglers driving toward the storm. All three men died in the ensuing crash. The suit also alleged that The Weather Channel had received other previous warnings from professional storm chasers to pull their reckless drivers off the road before they became a danger to themselves or others.

The dangers of bus stops for children

On behalf of Backus, Meyer & Branch, LLP posted in personal injury on Thursday, May 2, 2019.

When a bus stops in New Hampshire, other vehicles should also stop. However, not all drivers obey this rule, often due to distracted driving. CNN reports that this is such a problem now that getting off the bus after school and waiting for the bus in the morning is actually more dangerous than riding the bus.

In fact, school buses are considered the safest way for children to get to and from school. In 2015, fatal crashes involving school buses accounted for less than 1% of all fatal crashes. Nevertheless, school-age pedestrians accounted for over one-third of those who died. Some were even hit by the bus itself.

Very rare condition leads to driving drunk without realizing it

On behalf of Backus, Meyer & Branch, LLP posted in criminal defense on Monday, April 29, 2019.

Imagine drinking a single glass of wine, then getting behind the wheel. Most of us wouldn’t think twice, because such a small amount would leave you well below the legal limit and in control of your mental faculties.

Now, imagine getting into a serious car accident, after which you are tested for drunk driving. The blood test reveals that your blood-alcohol concentration (BAC) is four times the legal limit. How did this happen? And if you weren’t responsible for knowingly getting drunk, should you still face criminal charges?

Should a police officer question you after arresting you?

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

People should exercise caution when talking with police. In some cases, such as when a New Hampshire officer asks you for your name and identification, you should provide that information. However, if a police officer decides to place you under arrest, what you say afterward can have serious legal ramifications. According to Lifehacker, it is better for you not to answer a police officer’s inquires at all once you are in custody.

When the police arrest you, their first task is to read your Miranda rights. Among these rights is your right to legal representation. Once you confirm you understand these rights, the next thing you ought to say is that you want to talk to an attorney. From then on, it is important that you keep silent, because any statement you make could be used against you in court.

When you are struck by an out-of-state driver

On behalf of Backus, Meyer & Branch, LLP posted in personal injury on Friday, March 29, 2019.

There are many things to be aware of on the road, such as the various ways in which weather can impact driving conditions and the recklessness of others (drug or alcohol use behind the wheel, speeding, etc.). However, some accidents are especially unique, such as those which involve a driver who is visiting from another state. There are a number of things to keep in mind when it comes to these crashes, and you should carefully examine your legal options if their behavior caused the accident.

Drivers who are visiting from other states may be especially likely to cause a collision for a myriad of reasons. Not only may they lack familiarity with roads in the area, which could cause them to become distracted while using their GPS, but they may be tired and stressed out behind the wheel because they are traveling. However, when a driver causes an accident, they should be held responsible, whether they are a local who is intimately familiar with nearby roads or someone visiting from another state (or even a different country).