Backus, Meyer & Branch, LLP Attorney Manchester NH | Backus, Meyer & Branch, LLP 2026-10-08T21:58:06Z https://www.backusmeyer.com/feed/atom/ WordPress by Backus, Meyer & Branch, LLP <![CDATA[What happens after assault charges from a bar fight?]]> https://www.backusmeyer.com/?p=48517 2026-09-24T19:26:33Z 2026-09-24T19:26:33Z How assault charges are classified New Hampshire law classifies assault based on injury severity and the defendant's intent. Three charges commonly arise:
  • Simple assault (RSA 631:2-a): Class A misdemeanor; applies when a person purposely or knowingly causes bodily injury or unprivileged physical contact, or recklessly causes bodily injury. A conviction may result in up to one year in jail and fines.
  • Second degree assault (RSA 631:2): Class B felony; applies when a person recklessly causes serious bodily injury or recklessly causes injury with a deadly weapon.
  • First degree assault (RSA 631:1): Class A felony; applies when a person purposely causes serious bodily injury, or purposely or knowingly causes injury using a deadly weapon.
Prosecutors review police reports, witness statements and medical records to determine which assault charge applies.

How the court process unfolds

After an arrest, the defendant is arraigned. New Hampshire law requires arraignment without unnecessary delay for those held in custody. This often occurs within 24 to 48 hours, though court schedules and other factors may affect timing. The judge reads the charges, sets bail conditions and the defendant enters a plea. Pretrial hearings follow, during which attorneys exchange evidence and negotiate possible plea agreements. The prosecution must prove guilt beyond a reasonable doubt. Many cases resolve through plea bargains that reduce charges or penalties before trial.

What defenses may apply

Self-defense is a recognized legal defense under RSA 627:4. The statute allows the use of reasonable nondeadly force when a person reasonably believes it is necessary to protect themselves from the imminent use of unlawful force. However, the statute includes important limitations, such as restrictions on the use of deadly force and circumstances where the defense may not apply, including when the defendant was the initial aggressor. Defenses based on protection of another person, lack of intent or mistaken identity may also apply depending on the facts. Video footage, witness testimony and medical evidence help determine which defense is most appropriate.

What to expect after an assault charge

Assault charges stemming from a bar fight follow a structured legal path from arraignment through pretrial hearings and potentially trial. The charge level, legal standards and specific facts shape how each case develops. An attorney familiar with New Hampshire criminal law can evaluate the facts, explain the applicable statutes and identify potential defenses.  ]]> On Behalf of Backus, Meyer & Branch, LLP <![CDATA[What is a parenting plan in a New Hampshire divorce?]]> https://www.backusmeyer.com/?p=48515 2026-09-23T09:26:39Z 2026-09-23T09:26:39Z What a New Hampshire parenting plan includes New Hampshire law allows parents to address several issues in their agreement. These issues can include decision-making, residential responsibility, information sharing, school residence, parenting schedules and transportation. The agreement may cover:
  • Parenting time: Where the child stays on school nights, weekends and holidays.
  • Decision-making: How parents make major choices about education, healthcare and other needs.
  • Transportation: Which parent handles school drop-offs, pickups and exchanges.
  • Communication: How parents share updates about school, activities and the child's well-being.
  • Special occasions: How parents divide birthdays, vacations and school breaks.
  • Schedule changes: How parents handle changes when family needs change.

How New Hampshire handles parenting plans

New Hampshire courts focus on the child's best interests when deciding parental rights and responsibilities. The court may consider the child's relationship with each parent, each parent's ability to meet the child's needs and the child's adjustment to home and school. The court may also consider how well the parents communicate and work together. Safety also matters. The court considers evidence of abuse when applicable. Parents can create an agreement together and submit it to the court. If they cannot agree, the court may set the terms based on the child's best interests and the safety of the parties. A court may also change an existing arrangement when legal requirements are met. The standard may depend on the type of change requested.

Why these arrangements matter over time

A parenting plan gives families structure after a separation or divorce. It helps parents manage schedules, responsibilities and major decisions. It can also help children keep steady routines. Children's needs can change as they grow. Family circumstances can change as well. Parents may need to review their arrangements and make changes when allowed by law. Understanding New Hampshire's rules can help parents make informed decisions about their children's schedules, relationships and daily needs.]]> On Behalf of Backus, Meyer & Branch, LLP <![CDATA[5 hidden injuries in a slip-and-fall accident to watch out for]]> https://www.backusmeyer.com/?p=48514 2026-09-04T13:30:25Z 2026-09-04T13:30:25Z A slip-and-fall accident happens in seconds, but the full extent of your injuries may take days to appear. Right after a fall, adrenaline can rush through your body and mask serious internal trauma. You might feel fine at first. That is exactly why recognizing these delayed symptoms matters, both for your physical health and for any personal injury claim you may have. 

Your head may be hiding a serious injury

One of the first things to watch for after a fall involves your brain. Striking your head or whipping your neck can bruise the brain and lead to a traumatic brain injury or a concussion. In fact, symptoms like confusion, dizziness, memory lapses or persistent headaches may not surface for hours or even days after the accident.

A hard landing can harm your spine

While head injuries deserve close attention, they are not the only concern. Landing hard or twisting mid-fall places immense pressure on your spinal column. Damaged discs can pinch nearby nerves and cause delayed numbness, tingling or radiating pain in your arms or legs. Much like head injuries, these symptoms may manifest gradually as the initial shock of the fall subsides.

Small bone cracks are easy to overlook

Beyond your spine, other parts of your body may also sustain damage that does not show up right away. Hairline fractures in your wrists, ankles,or ribs may allow you to keep moving right after a fall. Without proper care, these small cracks can worsen into full breaks, bringing sharp pain and significant swelling.

Internal bleeding can be deceptively silent

Just as hairline fractures can hide beneath the surface, so can internal injuries. Blunt force impact to your torso can bruise or rupture organs like your spleen or kidneys. This type of injury often presents minimal pain at first. Over time, however, symptoms like severe dizziness or sudden fatigue may indicate underlying complications that require immediate attention.

Soft tissue injuries worsen over time

Finally, internal injuries are not the only ones that sneak up on you. Strains, sprains and small tears in your tendons or ligaments may feel like mild soreness right after a fall. Swelling and stiffness, however, typically worsen over the next 24 to 48 hours. This is why seeking timely evaluation can prevent a manageable condition from developing into a prolonged recovery.

Take your symptoms seriously after a fall

As you can see, many slip-and-fall injuries do not show visible signs right away. If you experience a slip-and-fall in Manchester, New Hampshire, seeing a doctor promptly is a wise step, even if you feel okay.  Early medical attention helps protect your health and gives you a clearer picture of what your body experienced. Keeping track of your symptoms and any medical visits also puts you in a stronger position should questions about your injuries come up later down the road.]]> On Behalf of Backus, Meyer & Branch, LLP <![CDATA[Do you need a lawyer for a minor injury claim in Manchester?]]> https://www.backusmeyer.com/?p=48513 2026-08-27T12:18:28Z 2026-08-27T12:18:28Z A fender bender on Elm Street or a slip on a wet floor in the South Willow shopping area can cause injuries like whiplash or a sprained wrist. Even when the medical bills seem small at first, dealing with an insurance company can bring new problems. An adjuster may offer a quick payment before you know how much your injury will cost.

Why minor injuries can still cause claim problems

Insurance companies may treat sprains, minor concussions and other soft tissue injuries as low-value claims. An adjuster may offer less money than your injury is worth. Taking a quick payment can also end your claim before you know how well you will heal. A few factors may show whether handling an injury compensation claim on your own makes sense:
  • Clear acceptance of fault by the other driver or property owner
  • Full recovery after a single medical visit
  • Minor vehicle damage costing a few thousand dollars or less to repair
  • Medical bills that remain well below the insurance policy limit
Looking at these details can help you decide whether your claim may need more help before signing any papers.

When a lawyer may help

A Manchester personal injury lawyer can help when an injury seems minor at first but later affects your daily life or ability to work. For example, a lawyer can help assess whether a settlement offer still makes sense if neck pain worsens or concussion symptoms appear days after an accident. Because these changes can affect the value of a claim, keeping medical bills, doctor visit records and notes about missed work can help show how the injury has affected you over time. Photos from the crash near the Millyard and a copy of the police report can also give a lawyer a clearer picture of what happened.

Protecting your recovery

A minor injury does not always mean a simple claim. If fault is disputed, symptoms continue or an insurance company offers less than the losses may justify, legal help can become more valuable. The right choice depends less on how serious the injury looks at first and more on how the accident affects your health, work and finances over time.]]> On Behalf of Backus, Meyer & Branch, LLP <![CDATA[Can police search your phone after an arrest?]]> https://www.backusmeyer.com/?p=48512 2026-08-14T13:31:11Z 2026-08-14T13:31:11Z Picture the moment right after the handcuffs go on. An officer picks up your phone, and you wonder whether every text, photo and app is now fair game. A phone often holds more private information than a home ever could, which makes that worry real. The rules for searching a phone after an arrest are more protective than many people expect, and knowing them helps you know what comes next.

The general rule after a lawful arrest

During a lawful arrest, officers may search your body and the area within your reach to stay safe and preserve evidence. For years, some treated a phone like anything else in a pocket. A landmark Supreme Court decision changed how that rule applies to phones, holding that police generally need a warrant before searching digital contents. Officers may still take the device, but reviewing messages, photos or location history usually requires a judge's approval.

When officers can look without a warrant

A warrant is the general rule, but recognized exceptions can apply in particular circumstances. If you agree to let an officer search, that consent can make the search valid, so you may politely decline; courts also recognize emergencies, called exigent circumstances, when waiting for a warrant is not realistic. A specific risk that someone will erase evidence remotely can qualify, although officers must justify that exception case by case.

How New Hampshire adds its own protection

Federal rulings establish a minimum level of protection, while the state constitution adds its own safeguard through Part 1, Article 19. That provision shields your person, papers and possessions from unreasonable searches. New Hampshire courts read it independently and sometimes give residents broader protection than the federal standard. A state court may therefore weigh a phone search under both constitutions.

What an unlawful search can mean for your case

An improper search can affect whether the prosecution may use what police found. If police went through your phone without a warrant, your consent or a true emergency, a defense attorney can ask the court to exclude that evidence. Evidence discovered because of an illegal search may face a challenge too. Anyone facing a criminal charge gains from a close review of how officers obtained and searched the device.

Protecting your privacy from here

If officers searched your phone, write down what happened as soon as you can. Note whether they asked for permission, what you said, when they took the device and whether they showed you a warrant. Keeping those details clear can make it easier to evaluate the search later and identify any questions that may affect the case.]]> On Behalf of Backus, Meyer & Branch, LLP <![CDATA[How do divorced parents make decisions for their child?]]> https://www.backusmeyer.com/?p=48511 2026-08-02T08:50:47Z 2026-08-02T08:50:47Z The way divorced parents make decisions on their child's behalf depends on their child custody arrangement after the divorce. Many parents first think about where the child is going to live and which parent they will spend time with. This is known as physical custody, and it is important, but it does not have anything to do with decision-making authority. Instead, couples need to identify which parent has legal custody rights. That is the parent who should make decisions for the child regarding education, religion, healthcare and more.

What if both parents have legal custody?

This can be fairly simple when only one parent has sole legal custody rights. It is their responsibility to make these important decisions, and the other parent cannot infringe on their rights by doing so. This can lead to disputes, however, when one parent oversteps their authority. If both parents are granted joint legal custody rights, however, then they typically still need to work together the way that they did when they were married. They both have a say in what school the child attends, for example, or what medical treatment is authorized. In many cases, couples need to work together and find joint solutions. If they cannot do so, rather than one parent making the decision on their own, they may need to go to court. It is very important for parents not to violate the custody order by independently making choices they do not have the right to make. It is critical to define legal and physical custody rights during a divorce, and parents also need to know what legal options they have when a dispute arises.  ]]> On Behalf of Backus, Meyer & Branch, LLP <![CDATA[What does it mean if a TBI is getting worse?]]> https://www.backusmeyer.com/?p=48510 2026-07-22T16:07:48Z 2026-07-22T16:07:48Z If you have symptoms from a traumatic brain injury, you should generally expect them to get better as your brain heals. If they are instead getting worse, it may be time to talk to medical professionals. It could indicate that there is a much more serious injury. For instance, even a mild concussion can give you a headache. In the weeks following that concussion, your symptoms should clear up and you should feel more like yourself. If your headache persists or even gets worse, or if it develops into a migraine, this shows that the type of healing you expected is not occurring. That could mean that the TBI is more serious than a concussion, and it could be something like a subdural hematoma.

Why do the symptoms get worse?

With a hematoma, symptoms get worse because there is bleeding in the brain or in the tissue surrounding the brain. There is a limited amount of space within the skull, so this unchecked bleeding causes pressure to increase. Additionally, bleeding in brain tissue means that blood flow is not necessarily getting to all of the parts of the brain where it is needed. This can reduce the amount of oxygen that those parts of the brain receive, which can cause your symptoms to worsen. For these reasons, it is very important to keep an eye on your symptoms after you have suffered a head injury. Never assume that it is minor. If it is getting worse, talk to medical professionals to find out the underlying cause. This type of medical care can be expensive, but you may deserve financial compensation if someone else was responsible for the injury.  ]]> On Behalf of Backus, Meyer & Branch, LLP <![CDATA[Navigating a DUI or OUI traffic stop in Massachusetts]]> https://www.backusmeyer.com/?p=48509 2026-07-09T02:15:01Z 2026-07-09T02:15:01Z A DUI or OUI stop can feel overwhelming, and the situation may unfold quickly. Clear decisions made in the moment can influence what happens later in court.  Understanding your rights and obligations helps you respond calmly and avoid making mistakes that could damage your legal position. Below are some best practices to consider in a police encounter.

Stay focused during the initial stop

Drivers must pull over as soon as it is safe. Officers will observe behavior, speech, and movement, so steady actions matter. Speak respectfully and provide requested documents without making any sudden gestures. You may answer basic identifying questions, but you are not required to explain where you were or what you consumed. Try to avoid unnecessary communication with the police officers during the traffic encounter. This helps prevent accidental self-incrimination.

Field sobriety and roadside testing

Massachusetts drivers have the right to decline field sobriety tests without facing administrative penalties. Portable breath tests offered roadside are also completely voluntary and optional, although declining them may be noted in a report.  The police officers can arrest you anyway, even if you decline to participate in testing. However, they must have established probable cause to take you into custody.

The aftermath of an arrest

An arrest in Massachusetts can trigger strict timelines that may pose license consequences. Additionally, chemical testing at the police station carries implied consent rules, which means refusal can lead to a lengthy driver's license suspension.  Remember that you have the right to remain silent and request legal guidance before answering detailed questions from police officers. The right support can make a positive difference in the outcome of a Massachusetts OUI case.]]> On Behalf of Backus, Meyer & Branch, LLP <![CDATA[How is property divided in a New Hampshire divorce?]]> https://www.backusmeyer.com/?p=48505 2026-10-08T21:58:06Z 2026-06-30T18:23:22Z New Hampshire follows equitable distribution New Hampshire uses an equitable distribution system to divide property during a divorce. Equitable does not always mean equal. Instead, the court divides property in a way it considers fair after evaluating the unique circumstances of the marriage. Before dividing property, the court first determines which assets belong to the marital estate and which qualify as separate property. Marital property may include:
  • Income earned during the marriage
  • The marital home and other real estate
  • Retirement accounts and pensions
  • Investment and bank accounts
  • Business interests acquired during the marriage
Separate property generally includes assets you or your spouse owned before the marriage, along with certain gifts and inheritances. However, the court may consider some of these assets during property division depending on the circumstances.

What factors do courts consider?

After identifying the marital estate, the court evaluates several factors to determine a fair distribution. These factors may include:
  • The length of the marriage
  • Each spouse's age, health, and financial circumstances
  • Each spouse's financial and non-financial contributions to the marriage
  • Each spouse's income and earning capacity
  • The opportunity for each spouse to acquire future assets and income
No single factor determines the outcome. Instead, the court considers the overall circumstances of the case.

Complex assets may require additional analysis

Property division can become more complicated when the marital estate includes closely held businesses, investment portfolios, retirement accounts, or multiple real estate properties. In these situations, the court may rely on appraisals, financial records, and expert opinions to determine an asset's value before dividing it. Accurate financial disclosure helps ensure that the court has a complete picture of the marital estate.

Why legal guidance matters

Property division decisions can affect your financial stability long after your divorce becomes final. An experienced New Hampshire family law attorney can help identify marital assets, evaluate complex property, negotiate a fair settlement, and advocate for your interests if your case proceeds to court. If you are preparing for a divorce in New Hampshire, a knowledgeable family law attorney can explain how the state's property division laws apply to your situation and help you protect your financial future.]]> On Behalf of Backus, Meyer & Branch, LLP <![CDATA[Why some newer vehicle designs increase serious injury risks]]> https://www.backusmeyer.com/?p=48504 2026-06-27T18:26:59Z 2026-06-27T18:26:59Z above their center of gravity, the person is more likely to be knocked backward, which means they are at risk of being run over by the vehicle. In contrast, with a shorter vehicle that had a sloping front end, people were often struck below their center of gravity. This would cause them to fall forward onto the vehicle's hood. They could still suffer serious injuries, but they do not face the same risk of being run over after the impact.

Creating blind spots

Another issue with these flat front ends on modern vehicles is that they are so high that they can create blind spots directly in front of the truck. For instance, a pedestrian may have the right of way and start crossing the street in front of a pickup truck that is waiting to turn right. But the driver of the truck may not see the pedestrian, so they simply start to execute their turn, without realizing that they are going to hit someone in the crosswalk. These vehicle design issues can cause serious injuries to pedestrians -- especially children. It is important for those who have been injured or who have lost a loved one to know what legal steps to take to seek justice and compensation.]]>