DRIVING OFFENSES / DMV MATTERS
- A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.
- Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,500 to the value of the property of another.
- Criminal trespass is a misdemeanor if:
- The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
- The person knowingly enters or remains:
- In any secured premises;
- In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or
- In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.
- All other criminal trespass is a violation
- In this section, "secured premises" means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.
- In this section, "property," "property of another," and "value" shall be as defined in RSA 637:2, I, IV, and V, respectively.
OSBORNE LAW’S TAKE ON CRIMINAL TRESPASS
Remember the intro song to TV show CHEERS?
Where everybody knows your name
And they're always glad you came
You want to be where you can see
The troubles are all the same
You want to be where everybody knows your name
Well, what CHEERS didn’t tell you is sometimes everybody isn’t glad you came, and they plain just don’t want you around.
So, under New Hampshire law, you need to stay off of those folks’ property. CRIMINAL TRESPASS can happen if you walk onto or into a premises where you simply do not have permission to be. An example would be:
- Walking across someone’s lawn or backyard without permission;
- Hanging around a business after hours when it is closed and without permission.
In these instances, provided you have not already been told to not come around, is a VIOLATION. A VIOLATION in New Hampshire is a non-criminal offense – like littering or speeding. But even VIOLATIONS carry expensive fines and do show up on criminal background checks, so take this stuff seriously. After all, you really don’t want to have to explain to a prospective employer during a job interview why it was that you were busted once for hanging around a Wendy’s parking lot late on night, right?
A more serious instance of CRIMINAL TRESPASS that can lead you to a MISDEMEANOR criminal conviction, including possible jail time and high fines, is if you are told expressly/specifically told (orally or in writing) not to be somewhere, and you ignore that request and go to that place anyway.
Property owners, police, prosecutors, and judges take this kind of CRIMINAL TRESPASS very seriously. It is one thing for the neighborhood kid to cut across your yard or for a skateboarder to be rolling along in the Shaw’s parking lot after dark. BUT, it is an altogether different problem in the eyes of the law for a person to entering or hanging around a place wherein he/she is not welcome.
Such a situation harkens to fears of stalking, burglary, threats, and an overall sense of danger and unease. Even if your reasons for being on the property were harmless, but you were arrested anyway for CRIMINAL TRESPASS, you do not want to blow it off, go it alone, or just think you will show up to court and pay a fine.
A CRIMINAL TRESPASS conviction (whether it be a MISDEMEANOR or a VIOLATION) can stay on your record for many years and raise lots of questions in the meantime. Life is tough enough, you do not need a CRIMINAL TRESPASS conviction to make it worse.
At OSBORNE LAW, we have seen all kinds of CRIMINAL TRESPASS accusations. We have seen real, false, and erroneous charges of CRIMINAL TRESPASS.
At OSBORNE LAW, not only will we know your name and be glad you came - we will welcome your questions and we will be happy to guide you on the ins-and outs of CRIMINAL TRESPASS.
OSBORNE LAW’S TAKE ON ARSON
Arson is a serious crime and is a serious allegation to have hurled at you.
Arson can be charged as a felony or a misdemeanor, depending on the facts of case. That means punishments for arson can include fines, restitution, probation, forced psychological treatment, or days, weeks, and years of sitting in a jail cell.
All cases are different. BUT(!) our experience has taught us that law enforcement and government fire investigators ALWAYS treat these cases with intense scrutiny.
Prosecutors and judges and social scientists frequently buy into the theory that Arson can be indicative of more underlying sinister behavior or future practices such as violence or sex crimes.
If you are asked about, accused of, charged with, or under investigation for Arson, you need to act fast and call a lawyer. DO NOT under any circumstances speak with firemen, fire inspectors, insurance investigators, or police if asked to do so without first speaking with a lawyer. Otherwise, you are the one who is likely to get burned.
Here’s why. Arson can be treated as a crime of violence, fraud, theft, or some other creative prosecutorial theory. If you are accused of burning (or attempting to burn) down a structure, lots of people have an interest in trying to smoke you. First, the police and prosecutors will want to arrest you and throw you in jail. The fire inspector and insurance investigator will want to deprive you of any coverage for fire damage for which you may not have been responsible. Property owners (including banks or mortgage companies) may not only want to see you locked up, but will most likely want to sue you for lots of money cover the fire damage for which you are blamed.
If you need to fight an arson accusation, you will need a lawyer. Your lawyer will most likely need to hire a private arson expert to work on your behalf. An arson expert can help your lawyer to disprove the prosecutor’s case against you; can second guess and disprove the fire inspector’s conclusions; and most importantly can write a report that may get your case dismissed, dropped, won at trial, or dropped down to a lesser crime or smaller punishment during plea negotiations.
Don’t get burned by trying to handle an arson case alone. Call us at OSBORNE LAW and let us help you to pour some water on law enforcement’s efforts to smoke you.
- A person is guilty of a misdemeanor prostitution if the person:
- Solicits, agrees to perform, or engages in sexual contact or sexual penetration as in return for consideration; or
- Induces or otherwise purposely causes another to violate subparagraph (a); or
- Transports another into or within this state with the purpose of promoting or facilitating such other in engaging in conduct in violation of subparagraph (a); or
- Not being a legal dependent incapable of self support, knowingly is supported in whole or in part by the proceeds of violation of subparagraph (a); or
- Knowingly permits a place under such person's control to be used for violation of subparagraph (a); or
- Pays, agrees to pay, or offers to pay another person to engage in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, with the payor or with another person.
- A person is guilty of a class B felony if such person violates the provisions of subparagraphs (b), (c), (d), (e), or (f) of paragraph I and the violation:
- Involves another person who is under the age of 18; or
- Involved compelling another person by force or intimidation.
- A person is guilty under this section regardless of the sex of the persons involved.
- It shall be an affirmative defense to a charge under subparagraph I(a) that the defendant engaged in the conduct because he or she was the victim of trafficking in persons, as defined in RSA 633:7.
- A person under 18 years of age shall not be subject to a juvenile delinquency proceeding under RSA 169-B or criminal prosecution for the commission of an offense under subparagraph I(a).
- In a prosecution under subparagraph II(a), the actor's lack of knowledge of the other person's age shall not constitute a defense.
OSBORNE LAW’S TAKE ON PROSTITUTION
Some people say that Prostitution is a victimless crime and that Prostitution should be legalized and regulated. Other people say that Prostitution is a crime that enslaves vulnerable women/men/transgender folks, compromises public health, and besmirches the dignity of a community.
There are interesting articles and websites dedicated to this debate that you may consider reading when you have a free moment.
At OSBORNE LAW, we are not interested in having that debate. We are interested in keeping you out of jail and conviction free should you find yourself charged with Prostitution – related activity (giving or receiving).
Prostitution arrests are frequently publicized and plastered all over local papers and webpages. Especially if the Accused is an adult male seeking the sexual contact. For some reason police departments get a real hoot out of publicly humiliating Prostitution arrestees long prior to their first day in court.
As you already know, a Prostitution conviction (or even mere allegation) can destroy your marriage, relationship, career, and reputation. Prostitution allegations are not to be taken lightly. The good news is that these cases are harder for the State to prove than you might think given the way the law is written in New Hampshire, so all hope is NOT LOST.
At OSBORNE LAW, we take Prostitution cases seriously. We are here to help you, not judge you. At OSBORNE LAW we do not believe that a Prostitution arrest makes you a creep, a pedophile, or an otherwise person of loose morals or ill-repute.
We do believe, however, that you should not try to handle Prostitution allegations on your own without the assistance of legal counsel. At OSBORNE LAW, we are discreet, confidential, and non-judgmental.
Don’t be shy and don’t let the State shame you into a guilty plea without first talking to an attorney and learning what your options are. So give us a call and lets see what we can do to help you out of this situation before it is too late.
- A person commits a violation if he knowingly appears at a place, or at a time, under circumstances that warrant alarm for the safety of persons or property in the vicinity. Circumstances which may be considered in determining whether such alarm is warranted include, but are not limited to, when the actor:
- Takes flight upon appearance of a law enforcement official or upon questioning by such an official.
- Manifestly endeavors to conceal himself or any object.
- Has in his possession tools or other property which would lead a reasonable person to believe a crime was about to be perpetrated.
- Examines entrances to a structure which the actor has no authority or legitimate purpose to enter.
- Prior to any arrest under this section, unless flight or other circumstances make it impossible, a law enforcement official shall afford the actor the opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and give an account for his presence and conduct. Failure to identify or account for oneself, absent other circumstances, however, shall not be grounds for arrest.
- No person shall be convicted under this section if the law enforcement official did not comply with paragraph II or if it appears at trial that the explanation he gave of his conduct and purposes was true and, if believed by the law enforcement official at the time, would have dispelled the alarm. In such cases, any record of the arrest made under authority of paragraph I shall be expunged.
- In this section, "entrances" means any part of a structure through which entry or egress could be made.
OSBORNE LAW’S TAKE ON CRIMINAL TRESPASS
What exactly is PROWLING? The best answer to that question is you know it when you see it. Police Officers also share that way of thinking. At OSBORNE LAW we think of PROWLING as a crime that falls somewhere between CRIMINAL TRESPASS and BURGLARY.
If you read the law on PROWLING, it clearly defines PROWLING as:
So, if you are walking across someone’s lawn without permission or you are just hanging out in the local convenient store’s parking lot after closing time, you are most likely committing CRIMINAL TRESSPASS.
If you are breaking into the home on which the lawn sits, or you are crawling through the window of the convenient store, you are committing BURGLARY.
If you are not breaking into the home or convenient store, but you are dressed in black, looking in the windows, and running into the bushes whenever a car drives by, you are likely committing PROWLING. As you can see, PROWLING is behavior that falls somewhere past TRESPASS but a few steps short of BURGLARY.
Of course, we can probably imagine other circumstances when you could be charged with PROLWING, without it necessarily having to be dark or late at night.
For example, if one day you are seen hanging around an elementary school playground, in broad daylight, with a burlap sac and duct tape during recess, that behavior could also reasonably fall within the definition of “circumstances that warrant alarm for the safety of persons . . . in the vicinity.” Although at that instance, a charge of PROWLING would be the least of your worries.
At OSBORNE LAW, we won’t run or hide or cause you alarm when you call. We are happy to assist you and guide you through any tough times you are having wherein an accusation of PROWLING has been hurled your way.
SEXUAL ASSAULT ACCUSATIONS
RSA’s 632-A:2; 632-A:4
New Hampshire’s Sexual Assault laws are long and encompassing.
Essentially, Sexual Assault laws in New Hampshire are aimed at punishing non-consensual sex acts alleged to have been committed on another person.
Non-consent has many forms. Non-consensual sex acts can occur when there is sexual penetration and/or sexual touching of a person without consent by way:
- Impairment by alcohol or drugs (“I was too drunk/high to consent to sex.”)
- Undue influence (Teacher/student, jail guard/prisoner, police officer/detainee, etc.)
- Undue power or authority over the Accuser.
- Significant disparity in ages between the Accused and the Accuser can also trigger a legal presumption of non-consent between the actors.
The sexual assault laws/RSA’s are wordy, long, and worth a more thorough read, so feel free to Google them.
OSBORNE LAW’S TAKE ON SEXUAL ASSAULT ACCUSATIONS
When you are accused of sexual assault, your life as you knew it is over.
In the blink of an eye and with the click of a handcuff, your freedom is at risk, your job is in jeopardy, your reputation is in tatters, and many of your friends, co-workers, and family members will jump ship faster than rats on the TITANIC.
Your FREEDOM is at risk because police and prosecutors frequently ask for high cash bail following an arrest for sexual assault. Bail is the amount of money that you or your family has to pay the Court in order for you to be released and live at home (rather than in a jail cell) during the pendency of your case.
Your FREEDOM is at risk because if you are convicted of a sex assault crime, you are likely going to spend months, years, or decades in jail/prison depending n the seriousness of the accusations.
Your JOB is in jeopardy because many bosses and most companies don’t give a hoot abut your presumption of innocence or chances of being found NOT GUILTY at trial. Most employers want a squeaky-clean image and are not comfortable with the idea that an ALLGED sex offender is working for them.
Your REPUTATION is in tatters because police and reporters care more about headlines and accolades than they do about your right to a fair trial and an impartial jury. Hence, following your arrest for sexual assault, police are all too happy to put out a press release saying how terrible of a person you are. And, if and when you are found not guilty, you can be sure that those same police publicists won’t be issuing a retraction any time soon.
Your REPUTATION is also in the toilet following a sexual assault accusation because even if the judge dismisses your charge; or a prosecutor drops it; or a jury says NOT GUILTY after your trial, the alleged victim will still spend the rest of her/his life on social media telling everyone how guilty you are and that the judge or jury just got it all wrong when they let you walk out the courthouse door. Similar sentiments are bound to be echoed by prosecutors and police.
Your CO-WORKERS, FRIENDS, and FAMILY will abandon you (some not all) because people are sheep and they tend to scatter when the big police dog barks. Most people aren’t interested in facts, truth, or your side of the story.
So, what can you do? Here is a checklist to immediately follow if you are accused (or likely to be accused) of sexual assault:
- Call a lawyer!
- Call a lawyer!! (NO this is not a typo – just really damn important advice that bears repeating.)
- Do NOT speak to police.
- AVOID YOUR ACCUSER every which way.
- Do NOT Run
- CALL A LAWYER!!!
*Before you have even a minute to gather your thoughts and recover from the accusation hurled at you of sex assault – police detectives will want to interrogate you and get you to admit to some kind of wrong doing. Or, police will try to get you to make a statement or admission about some seemingly innocent or innocuous behavior – and then use it against you at trial later on. The fact is, even if you deny the sexual assault allegation wholeheartedly, you will probably still be arrested, charged, and indicted for sex assault.
Remain silent! It is your right.
Let your lawyer advise you as to whether it is a good idea for you to speak to the police. Do not try to make this decision on your own.
And No! – Police will not simply assume you are guilty if you choose to remain silent. Rather, they will simply assume you are guilty because someone else told them you were guilty and they really don’t care what you have to say.
Do not speak to, speak of, text, call, email, message your Accuser in anyway. Let your lawyer decide how to deal with your Accuser. Any attempts by you to confront, question, or comfort your Accuser will make your problems worse. Your attempts will get you charged with WITNESS TAMPERING, and anything you say to your ACCUSER will be used or twisted against you in court later on – I guarantee it.
You are not Harrison Ford, thus you are not The Fugitive. Running, hiding, or evading police
will only make you look guilty in court and in the public eye.
Running from police can also get you charged with other crimes like Resisting Arrest or worse.
Running from police can convince a judge to set a high bail, thus keeping you in jail as your case winds through the courts. It is awful to have to deal with accusations of sex assault, but it
is easier to deal with it from the comfort of your home than from a jail cell for nine (9) months.
Perhaps most importantly, your flight could be used against you in court by the prosecutor as a “consciousness of guilt.” In other words, a prosecutor will say to your jury – “Hey this guy is guilty – which is why he ran. Innocent people don’t run.”
Who needs any of this when you are fighting for your life and freedom?
When it comes to accusations of sexual assault, we are living in volatile times. Many people who think that anyone accused of sexual assault must be guilty. There are other people who think that anyone who says she/he was raped is lying. Both of these opinions are wrong.
The reality is that sexual assault happens more often than we know. Another reality is that people are frequently falsely accused of sexual assault, and that sometimes people lie about having been sexually assaulted when they weren’t. Attorney Osborne has seen both sides of these dual realities as both a former prosecutor and a defense attorney.
Attorney Osborne has represented the innocent and the guilty. At OSBORNE LAW, we know every case is different and unique from the next. We don’t judge. We strive to get to the bottom of things, and then we fight for you. While everyone else is running from you, we stand by you.
SHOPLIFITNG & WILLFUL CONCEALMENT
- A person is guilty of willful concealment if, without authority, he or she willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment. Notwithstanding RSA 637:11, willful concealment shall be a misdemeanor.
- A person commits theft if, with the purpose to deprive a merchant of goods or merchandise, he or she knowingly:
- Removes goods or merchandise from the premises of a merchant; or
- Alters, transfers, or removes any price marking affixed to goods or merchandise; or
- Causes the cash register or other sales recording device to reflect less than the merchant's stated or advertised price for the goods or merchandise; or
- Transfers goods or merchandise from the container in which such goods or merchandise were intended to be sold to another container.
**If the value of the items stolen adds up to more than $1,000 you will likely be charged with a felony. See RSA 637:11(I)(a) and (II)(a) and (III).
OSBORNE LAW’S TAKE ON SHOPLIFTING & WILLFUL CONCEALMENT
In New Hampshire courts, the terms SHOPLIFTING and WILLFUL CONCEALMENT are typically used interchangeably. While we do not believe that technically they are the same crime, the consequences and manner by which they are handled in court are not very different.
The difference between SHOPLIFTING and WILLFUL CONCEALMENT is whether you make it out of the store with the concealed goods. If you make it out of the store with the concealed goods, you will be said to have SHOPLIFTED the goods. If you almost make it to the door, but you are stopped by security before you can leave the building, you will be charged with WILLFUL CONCEALMENT. In a way, WILLFUL CONCEALMENT is like an attempted SHOPLIFTING.
Judges and prosecutors in large retail areas are almost always in agreement that SHOPLIFTING and WILFUL CONCEALMENT are terrible crimes and need to be punished with high fines and perhaps the threat of jail for repeat offenders. Prosecutors and judges in smaller, non-large retail (no big box stores) are not always as harsh – although they still frown on the behavior and will still punish you depending on the value, the amount of items taken, the reason for the act, and your prior criminal record.
What is most important for you to understand is that whether it is a single candy bar or a ton of clothes (bathing suits and thongs seem to be a favorite for some reason), theft, SHOLIFTING and/or WILLFUL CONCEALMENT is usually charged as a MISDEMEANOR (i.e. a criminal offense) of which once convicted, gives you a criminal record.
A SHOLPFTING and/or WILFULL CONCEALMENT arrest or conviction can ruin your reputation, destroy job opportunities, adversely affect education applications, and a whole other slew of consequences that may be unique and specific to any given person.
At OSBORNE LAW, we have found that SHOPLIFTING and WILFULL CONCEALMENT behavior is usually not about greed or a desire to steal. Rather, it is one way by which people act out or seek attention when they are undergoing an enormous amount of stress or neglect in their lives. We have seen these acts committed by educated people, rich people, elderly people, grandparents, legal immigrants with green cards and wonderful families, neglected house wifes, stressed out husbands, and on and on. For these reasons, Attorney Mark Osborne understands that anyone, under the wrong circumstances, can find themselves engaging in SHOPLIFTING and WILLFUL CONCELAMENT. We recommend mental health counseling instead of jail. We seek community service instead of high fines and public humiliation.
At OSBORNE LAW, we won’t conceal the realities of the criminal justice system from you, nor will we steal from you your hopes and dreams of a swift, favorable, and fair resolution so that you can get on with your life. We don’t judge, we help. Period.