Harden Law Offices

104 Main Street, Lancaster, NH 03584 603.788.2080
15 Main Street, Littleton, NH 03561 603.444.2084
199 Heater Road, Lebanon, NH 03766 603.448.3737

Monday, October 12, 2015

Laurie list

A good  history about the so called "Laurie list". There is a commission to study implementing a Laurie list set for a final meeting on October 7, 2015. As stated in this article there is no statewide list and each prosecutor is tasked with keeping track of police with issues affecting credibility. 


Thursday, September 24, 2015

ACLU Report Exposes Debtors’ Prison Practices in New Hampshire

 A debtors' prison is a prison for people who are unable to pay debt. Through the mid 19th century, debtors' prisons (usually similar in form to locked workhouses) were a common way to deal with unpaid debt in Western Europe.  Sadly this practice has been ongoing in modern NH Courts.  The ACLU has issued a report detailing the costs, unconstitutional nature and exposed the unfairness of this practice.  Our justice system cannot tolerate these rogue judges' actions.

ACLU report:

CONCORD – The U.S. Constitution and New Hampshire state law prohibit courts from jailing people for being too poor to pay their legal fines, but local courts throughout New Hampshire are doing it anyway. The ACLU of New Hampshire (“ACLU-NH”) today released Debtors’ Prisons in New HampshireDebtors' Prisons IN New Hampshire, a report that chronicles a year-long investigation into New Hampshire’s debtors’ prison practices.
This investigation was initiated after the ACLU-NH handled three cases in 2014 where two Superior Court Judges and the New Hampshire Supreme Court granted relief to three indigent individuals—Alejandra Corro, Richard Vaughan, and Dennis Suprenant—who were (or were going to be) illegally jailed by circuit courts due to their inability to pay fines. These cases, which are described in the “Personal Stories” section of the report, show that debtors’ prison practices can counterproductively lead to termination of an individual’s new employment, impede ongoing efforts of that individual to gain employment, and prevent struggling parents from caring for their infant children.
“Being poor is not a crime in this country,” said Devon Chaffee, Executive Director of the ACLU-NH. “Incarcerating people who cannot afford to pay fines is both unconstitutional and cruel. It takes a tremendous toll on precisely those families already struggling the most.”
The law requires that courts hold hearings to determine defendants’ financial status before jailing them for failure to pay fines, and defendants must be provided with lawyers for these hearings. If a defendant cannot pay, the court must explore options other than jail.
“Supreme Court precedent and New Hampshire law make clear that local courts and jails should not function as debtors’ prisons,” said Albert E. Scherr, a Professor of Law at the University of New Hampshire School of Law and Chairman of the ACLU-NH Board of Directors. “Yet circuit courts in New Hampshire routinely jail people without making any attempt whatsoever to determine whether they can afford to pay their fines.”
Beyond its clear illegality, debtors’ prison practices make no financial sense since the government spends more to jail defendants than it ever recovers in fines. As the report explains, it costs New Hampshire’s county jails approximately $110 per day to house an individual, yet an individual serves off a fine at a rate of $50 per day. This $50 per day amount will never be paid back to the government once that time is served. Based on the data received and this $110 per day cost, the report concludes that the total costs of these practices to taxpayers statewide can be reasonably approximated to $166,870 in 2013 to address an estimated $75,850 in unpaid fines that were ultimately never collected.
“Not only are these courts violating the law, they are actually causing the government to lose money doing it,” said Gilles Bissonnette, Legal Director of the ACLU-NH. “As the report demonstrates, in jailing people who are unable to pay fines, the government is spending more money than the individual owed in the first place.”
“These practices are legally prohibited, morally questionable, and financially unsound. Nevertheless, they appear to be alive and well in New Hampshire,” added Bissonnette.

September 23, 2015 Tagged with: ,

Thursday, July 30, 2015

Jericho ATV Festival

Harden Law Offices would like to welcome all OHRV enthusiasts to Berlin for the 6th Annual Jericho ATV Festival.  OHRV operators in the Great North Woods are permitted to ride on highways in certain areas of the north country.  It is important to be aware of the New Hampshire State Laws and follow local ordinances.

Off Highway Recreational Vehicles (OHRV) have many special rules that apply.  New rules related to road usage in Berlin and Gorham have permitted ATV travel on the town roads.  This is a great family activity that allows young riders to accompany parents and friends.  A complete listing of OHRV laws in NH can be found here:  http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XVIII-215-A.htm

As a criminal defense attorney, I am often asked about potential legal issues that may arise with OHRV use on a public way.  There are minor offenses such as speeding and illegal crossing of highways; other issues may include Reckless Conduct, Driving While Intoxicated (DWI) or Negligent Driving.

Harden Law Offices encourages everyone to have a safe and fun weekend.  If you, a friend or family member are charged with an OHRV/motor vehicle violation, DWI, DUI or any crime during your stay in the Great North Woods, it is important that you contact an experienced and aggressive defense attorney to discuss your case.  I have been representing people accused of crimes for over 20 years.  See my website here:  http://www.lenharden.com/

Enjoy your time at the Jericho Festival:  http://www.androscogginvalleychamber.com/jericho-atv-festival/