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
www.dwilawyernh.net
info@lenharden.com

Monday, December 15, 2014

DWI by Drugs


If you are arrested for drugged driving you need to contact a DWI lawyer who is experienced, knowledgeable and focused on the law and science.  Contact Leonard D. Harden at Harden Law Offices.

The police are increasingly arresting citizens and then getting blood tested to see if a person is impaired. The field sobriety tests are not designed for detecting DWI by drugs. The police are using blood tests as a catch all for arrests when there is nothing else pending.  



http://hightimes.com/read/traffic-report-no-increase-drugged-driving

Friday, November 21, 2014

Family Movie Night

Harden Law Offices is sponsoring Family Movie night at the Whitefield Elementary School this evening. The Whitefield PTO will be showing "Free Bird" at 6:30 p.m. at the Whitefield Elementary School gymnasium. There is no cost to families for this event, so please check it out!

Man wrongfully accused of murder will be free after serving 39 years in prison



http://www.19actionnews.com/story/27428996/man-wrongfully-accused-of-murder-will-be-free-after-servi

Tuesday, November 4, 2014

A Good Defense Makes All the Difference.



 Congratulations to Nicholas Marshall and Jim Moir!  This is a story in the Union Leader that points out what a good defense can do.


Foreman says jury was 'appalled' by Medicaid fraud case in which orthodontist was cleared

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By MARK HAYWARD
New Hampshire Union Leader
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MANCHESTER — The foreman of the jury that cleared Manchester orthodontist Nicholas Marshall of Medicaid fraud last month said most of the jury was appalled at his felony prosecution.

On Oct. 23, a Merrimack County Superior Court jury found Marshall innocent of 45 felony fraud charges. His lawyer has said the allegations amounted to $781 in total.
The verdict ended a 10-month odyssey for Marshall, who initially faced more than 200 charges, had his license temporarily suspended after a surprise inspection, and lost his ability to treat Medicaid patients.
The foreman, Harry Kozlowski, said Monday that 11 of the jurors wanted to clear Marshall right away. The jury deliberated for about four hours because one thought Marshall acted guilty, he said.

“The majority of us were appalled at the state for bringing this case,” said Kozlowski, a sports freelancer who sometimes writes for the New Hampshire Union Leader. “Me personally, it struck me that someone was trying to earn a feather in their cap.
“It looked like a show trial,” he said.

New Hampshire Attorney General Joseph Foster said the law — which requires any amount of Medicaid fraud to be prosecuted as a felony — may need to be changed.

“I can imagine what a juror might feel when they see 45 indictments,” said Foster, whose office is in charge of the Medicaid Fraud Control Unit. But Foster said his prosecutors felt the indictments were necessary.
“I have great confidence in our prosecutors. I think they do a great job,” Foster said.

Medicaid provides medical and dental care to the poor; its costs are split by the state and federal government.

Medicaid expansion has been one of the signature accomplishments of single-term Gov. Maggie Hassan, who is up for re-election today.
“The governor believes that we must be vigilant about stopping fraud in any public program, but the attorney general has independent jurisdiction and prosecutorial discretion in deciding what charges to pursue and litigate,” Hassan press secretary William Hinkle said in a statement.
A spokesman for Health and Human Services Commissioner Nicholas Toumpas, who oversees Medicaid in New Hampshire, referred a reporter to Foster.

Kozlowski said the courtroom prosecutors used buzzwords such as “thief,” “stole” and “greed” in their arguments. But the issue ended up as a dispute over what services should be part of a comprehensive bundle that Medicaid pays for braces, he said.
Marshall would provide dental care, such as an X-ray for a cavity, for his orthodontic patients, and the orthodontist believed such care fell outside the orthodontic bundle, Kozlowski said. He said the prosecution brought no evidence that Marshall intended to defraud Medicaid.
“Even if they were 100 percent correct, why are they charging felonies?” Kozlowski said. “It’s like ‘Les Miserables.’ We were appalled.”

The prosecution was the first since a 2005 law that allows for criminal Medicaid fraud prosecutions of doctors, hospitals, nursing homes and other health care providers.
Karin Eckel, the director of the Medicaid Fraud Control Unit, said her unit brought in $9.5 million in recovered billings, fines and penalties in 2013. She said the unit has three attorneys, two investigators and a financial analyst.
She said her office does not track the costs of individual prosecutions, such as the Marshall prosecution. But the investigations are complex and involve large amounts of documents and financial analysis, Eckel said.

Wednesday, October 15, 2014

Friday, September 19, 2014

TED talk Peter Donnelly shows impact of statistics on criminal trials.

 Oxford mathematician Peter Donnelly reveals the common mistakes humans make in interpreting statistics — and the devastating impact these errors can have on the outcome of criminal trials.


peter donnelly shows how stats fool juries

Monday, August 4, 2014

NH OHRV Festival

The North Country had a great time this past weekend sharing its' beauty, miles of terrain and riding excitement with riders from throughout New England and Canada.  It was great to see all the visitors filling the local hotels, restaurants and downtown areas.  The Jericho ATV festival was held at the Jericho State Park and riders enjoyed fun and festivities. See festival link here:   http://jerichoatvfestival.com/
 
Harden Law Offices would like to welcome all OHRV enthusiasts to the Great North Woods.  As OHRV operators have recently been 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 the 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 OHRV travel on the towns roads: https://www.nhstateparks.org/uploads/pdf/OHRV-Rules_for_Highway-Use.pdf  OHRV use is a great family activity that allows young riders to accompany parents and friends.  If something should go wrong and you find yourself in trouble, it is important that you call an experienced, aggressive and trust criminal defense lawyer.  I have represented those accused of crimes for nearly 20 years.  See my website here:  http://dwilawyernh.net/criminal-defense-lawyer-northern-new-hampshire/
 
If you, a friend  or a family member are charged with a DWI, DUI, crime or OHRV/motor vehicle violation in northern NH, be sure to contact Len Harden at Harden Law Offices, 603-788-2080.  I have the experience and knowledge to help you navigate the criminal justice system.  A complete listing of OHRV laws can be found at http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XVIII-215-A.htm
 
 
Leonard D. Harden

Thursday, July 10, 2014

NH Opens First Veteran's Court.

There are so many Veteran's returning home with head traumas, life changes and stresses that end up in the criminal courts.  We as a country need to take care of these men and women who have fought for our country.  It is great to see NH courts recognize serious legal problems and deal with them in a positive manner.  This is a project helping veterans that will lead to better more well adjusted soldiers as they return to their homes.

http://www.wptz.com/news/vermont-new-york/upper-valley-wnne/new-hampshire-opens-first-criminal-court-for-vets/26876852#!bcbkrp

Tuesday, July 1, 2014

2014 Littleton Taste, Tunes and Brewfest

Harden Law Offices is pleased to be a sponsor of the 2014 Littleton Taste, Tunes and Brewfest.  Check out the tasting glasses on our Facebook Page!

https://www.facebook.com/pages/DWI-Lawyer-NH/159542714093086?ref=hl

NH Criminal Code Amendments


NH just passed a series of amendments to the criminal code which now bring NH into compliance with the federal law. 
These laws amend simple assault, criminal threatening, aggravated sexual assaults and more.  It will also result in a lot more folks being deemed ineligible to possess firearms.

If you are charged with a crime of domestic violence you need to contact a criminal defense lawyer who is experienced.   Please contact me if you are charged.



http://www.gencourt.state.nh.us/legislation/2014/SB0318.html

Friday, April 25, 2014

CRIMINAL DEFENSE, A NOBLE CALLING

 I am proud to be a criminal defense lawyer.  I represent citizens accused of crimes , defend liberty, justice and the Constitution.  I am proud to call myself a defender of liberty and rights.  A criminal defense is a vital part of what makes our country great, criminal defense lawyers protect citizens against a powerful government with virtually unlimited resources.  The attack against a democratic gubernatorial candidate is misguided and un-American.

http://www.huffingtonpost.com/2014/04/24/rga-ad-nikki-haley_n_5208404.html?ncid=fcbklnkushpmg00000013

Sunday, April 6, 2014

Saturday, March 29, 2014

Is Stop and Frisk worth it?

The fourth amendment and it's prohibitions against unreasonable search and seizure have received a bit of life support from this New York judge. Interesting article from the Atlantic:

http://www.theatlantic.com/features/archive/2014/03/is-stop-and-frisk-worth-it/358644/

Monday, March 24, 2014

Police Officer's Act of Kindness

There are good and bad people in the world that we find in all different professions.  All too often, we see negative media attention about police officers.  This article/video is an excellent reminder of the good police officers that we do have.

http://www.thisblewmymind.com/wont-believe-cop-cameras-werent-rolling-unbelievable/#slWXFiZwkDOYu1kC.99

Friday, March 14, 2014

Asset Seizure


The power of the Government to seize assets has been increased exponentially with this decision.  Assets may now be seized prior to a trial and will significantly reduce a citizen’s ability to hire competent counsel.  The NH Constitution provides greater protections than the US Constitution and there are still statutory protections afforded to NH citizens, but this decision will put pressure on law enforcement to be even more aggressive about seizing assets. 

Asset seizure is a huge part of funding the war on drugs.  This decision will allow the government even more power to coerce, railroad and cajole citizens into pleading guilty.


http://www.huffingtonpost.com/brad-reid/supreme-court-rules-on-pr_b_4855761.html?utm_hp_ref=crime&ir=Crime

Friday, January 24, 2014

President Says Marijuana Less Dangerous than Alcohol



 
Here is the excerpt from President Obama's interview in the New Yorker with David Remnick related to marijuana.:
 

When I asked Obama about another area of shifting public opinion—the legalization of marijuana—he seemed even less eager to evolve with any dispatch and get in front of the issue. “As has been well documented, I smoked pot as a kid, and I view it as a bad habit and a vice, not very different from the cigarettes that I smoked as a young person up through a big chunk of my adult life. I don’t think it is more dangerous than alcohol.”
Is it less dangerous? I asked.
Obama leaned back and let a moment go by. That’s one of his moves. When he is interviewed, particularly for print, he has the habit of slowing himself down, and the result is a spool of cautious lucidity. He speaks in paragraphs and with moments of revision. Sometimes he will stop in the middle of a sentence and say, “Scratch that,” or, “I think the grammar was all screwed up in that sentence, so let me start again.”
Less dangerous, he said, “in terms of its impact on the individual consumer. It’s not something I encourage, and I’ve told my daughters I think it’s a bad idea, a waste of time, not very healthy.” What clearly does trouble him is the radically disproportionate arrests and incarcerations for marijuana among minorities. “Middle-class kids don’t get locked up for smoking pot, and poor kids do,” he said. “And African-American kids and Latino kids are more likely to be poor and less likely to have the resources and the support to avoid unduly harsh penalties.” But, he said, “we should not be locking up kids or individual users for long stretches of jail time when some of the folks who are writing those laws have probably done the same thing.” Accordingly, he said of the legalization of marijuana in Colorado and Washington that “it’s important for it to go forward because it’s important for society not to have a situation in which a large portion of people have at one time or another broken the law and only a select few get punished.”
As is his habit, he nimbly argued the other side. “Having said all that, those who argue that legalizing marijuana is a panacea and it solves all these social problems I think are probably overstating the case. There is a lot of hair on that policy. And the experiment that’s going to be taking place in Colorado and Washington is going to be, I think, a challenge.” He noted the slippery-slope arguments that might arise. “I also think that, when it comes to harder drugs, the harm done to the user is profound and the social costs are profound. And you do start getting into some difficult line-drawing issues. If marijuana is fully legalized and at some point folks say, Well, we can come up with a negotiated dose of cocaine that we can show is not any more harmful than vodka, are we open to that? If somebody says, We’ve got a finely calibrated dose of meth, it isn’t going to kill you or rot your teeth, are we O.K. with that?”
A link to the full article is below:


President Obama Admits Marijuana Safer than Alcohol


Wednesday, January 1, 2014