New Hampshire Jury Nullification

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/03/14/jury-nullification-instructions-coming-to-new-hampshire/

Bill Maher Lights One Up

http://www.alternet.org/media/bill-maher-lights-one-during-impassioned-new-rules-advocating-national-pot-legalization

Post Conviction Exonerations Highest Ever

Homicides make up high number of record exonerations:

http://www.cbsnews.com/news/us-exonerations-2015-record-number-new-report/


A bedrock principle of criminal law is often referred to as Blackstone's formulation (Blackstone's ratio or the Blackstone ratio) this is principle states:

"It is better that ten guilty persons escape than that one innocent suffer",

...as expressed by the English jurist William Blackstone in his seminal work, Commentaries on the Laws of England, published in the 1760s.  Uber-Founding Father Benjamin Franklin took this one step further and said that "… it is better one hundred guilty Persons should escape than that one innocent Person should suffer."
 
The message to government and the courts is that justice must err on the side of innocence.  I work hard on a daily basis to exude the ideals of professionalism, courtesy and respect but most importantly justice.  Our entire system of justice depends on a presumption of innocence and requiring the government to prove a case beyond a reasonable doubt.

This story by CBS showing a high number of falsely convicted murderers and rapists who were later exonerated means our system of justice is flawed.  The fact that the American justice system is convicting citizens wrongly is simply unacceptable morally and ethically.   It means that we as a country have to work harder to ensure that truly innocent people are not convicted.  It also means that we have to examine our roles in the problem.



I as an attorney have taken an oath to diligently defend the US and NH Constitutions and each one of my clients. RSA 311:6.  This oath means that I must "do no falsehood, nor consent that any be done in the court.. and will act in the office of an attorney within the court according to the best of my learning and discretion, and with all good fidelity as well to the court as to your client."  I also take pride in knowing the law, rules, procedures and effectively defending each citizen to the best of my training, ability using my experience.

I am very proud to work as a defense attorney for over 20 years serving Northern NH.  I pride myself on helping citizens accused defend themselves against criminal charges.  I have a history of representing citizens charged with serious felonies such as: murder, manslaughter, sexual assaults, first degree assaults, drug charges to DWI, hunting violations and motor vehicle violations.  I believe every citizen deserves a defense and aggressively, passionately and diligently defend each of my clients.  If you are facing a NH criminal case contact me.  I am available 24 hours a day, 7 days a week.

Annulment of Criminal Record in NH

NH Changed the Law on Annulment of Criminal Records:

Restoring Your Constitutional Rights

A modified annulment law, RSA 651:5, became effective on January 1, 2016.  The biggest change was to reduce the length of time required to annul a B misdemeanor from 3 years to 2 years. The amended statute added a clause that if a victim was a family or household member the length of time remains 3 years.

The other parts of the statute remain unchanged which means that NH permits annulments pursuant to RSA 651:5 for most felons after a requisite time period of being conviction free.  The NH statute still excludes certain violent crimes:  (a) capital murder, first or second degree murder, manslaughter, or class A felony negligent homicide under RSA 630, (b) first degree assault under RSA 631:1, (c) aggravated felonious sexual assault or felonious sexual assault under RSA 632-A,  (d) kidnapping or criminal restraint under RSA 633, (e) class A felony arson under RSA 634:1, (f) robbery under RSA 636, (g) incest under RSA 639:2, III or endangering the welfare of a child by solicitation under RSA 639:3, III; or (h) any felonious child pornography offense under RSA 649-A..  

Here is the link for a Petition to Annul.   It is relatively easy to complete the form but if an error occurs a person must wait 3 years before filing another petition.  There is a court filing fee of $125 for each court where there is a conviction.  Upon filing the department of corrections will be ordered to conduct an investigation and produce a records check and submit it to the court.  The DOC charges a fee of $100 for the investigation and records check.  After the annulment has been granted the Department of Safety charges $100 to effectuate the annulment by deleting the computer records.

I am frequently contacted by people looking to annul their records for many reasons.  Some are embarrassed by mistakes made when they were younger.  Some are planning on traveling to Canada.  Some are hoping to restore their right to possess firearms.  The annulment law means that a person who makes a mistake doesn't have to be labeled for life due to a prior act after having served their sentence. This law helps restore citizens to enjoy their full constitutional rights. 

If you have questions about seeking an annulment contact me.  I have assisted hundreds of NH citizens in annulling their criminal records for over 20 years.  I am happy to speak with you and try to help.   Contact me.   

Snowmobiling DWI/ DUI Laws in NH

Snowmobiles, ATVs and other off highway recreational vehicles are included under the motor vehicle code for DWI/ DUI laws in NH for driving under the influence at  RSA 265-A:2 and aggravated driving while intoxicated at  RSA 265-A:3. These laws make it illegal to operate any OHRV or snowmobile while under the influence of alcohol and/or drugs or with a blood alcohol concentration greater than .08% or .02% if less than 21 years old.  There is no requirement for a public way or road open to the public.

NH defines a snowmobile at RSA 215-C:1  as meaning any vehicle propelled by mechanical power designed to travel over ice or snow supported in part by skis, tracks, or cleats. NH defines an OHRV at RSA 259:69  any mechanically propelled vehicle used for pleasure or recreational purposed running on rubber tires, tracks, cushion of air, or other unimproved terrain whether covered by ice snow or not, where the driver sits in or on the vehicle.  This means if you have a motor on any vehicle the DWI/ DUI law applies.

The DWI/ DUI laws in NH apply to operators on private or public land whether they are operating on trails, road, rivers, or lakes.  These strict laws carry potential loss of driver's privileges, fines, impaired driving courses and increased insurance costs.  Attorney Harden has proven track record of defending these cases and it is important to consult with him as soon as possible if you are charged he is available 24 hours a day, 7 days a week.  CONTACT LEN HARDEN

NH law also mandates that a person suspected of being under the influence must consent to a breath or blood test to determine a blood alcohol concentration or face an administrative loss of driver's license through the DMV.  RSA 265-A:4 Implied Consent


NH has some of the best snowmobiling trails with over 7,000 miles of trails available.  NH Snowmobile Trail Map. In particular the North Country has an intricate set of interconnected trails and authorized roadways that enable you to enjoy traveling through remote sections of the Great North Woods and the White Mountains.

The trails are closely monitored by NH Fish and Game and the DWI/ DUI laws are also strongly enforced by law enforcement.  It is important to know the potential consequences of a DWI/ DUI conviction and who to turn to if you are charged.  Penalties

Attorney Harden has practiced DWI/ DUI defense in the North Country for over 20 years and is intimately familiar with the nuances of defending snowmobile or OHRV cases.  If  you're in need of a DWI/ DUI lawyer with years of experience and a history of winning snowmobile or OHRV DWI/ DUI related cases in NH, contact Attorney Len Harden today. 

Are IQ and educational outcomes in teenagers related to their cannabis use? A prospective cohort study

Are IQ and educational outcomes in teenagers related to their cannabis use?

A study in Britain determines that IQ is not affected by cannabis use in teens.  It is important to look to other countries to learn the truth and scientific realities of cannabis.

Top Federal Lawyer Urges SCOTUS to Reject Lawsuit

 

Top Federal Lawyer Urges SCOTUS to reject Colorado Lawsuit

The Solicitor General has asked the Supreme Court of the United States to reject the lawsuit filed by Nebraska and Oklahoma based on lacking original jurisdiction.