nh personal injury attorney

Manchester Law Student Creates Crime Reporting App

 

Apps, or application software, are designed to enable the user to perform tasks such as playing games, compose music, educate special needs children, generate print media like newspapers, create documents, conduct business, or to stay in touch with friends and families through social media sites.

New Hamsphire Crime App Businesses have seized on this opportunity to advertise and to secure customers for whatever service or products they are selling by providing apps to process credit cards or provide links to their products. One innovative individual, however, who was apparently fed up with having been the victim of a number of crimes, has come up with a crime reporting application that some see as a positive change in reporting illegal criminal law activity.

Eman Pahlavani of Manchester, New Hampshire has created the Crime Push that users can employ to alert police of criminal activity. A person witnessing or who is the victim of a crime, or who has been involved in an accident, can use his or her smartphone or Android tablet to alert police by sending a text, photos, sound or video to law enforcement agencies who have signed up for the service.

According to Pahlavani, a law student, you can type in information about the crime, record a video, or take a photo and then send this all at once. He claims that about 1,000 law enforcement agencies and college campuses have signed up for this free service.

The usual method of calling for emergency law enforcement or medical help is by calling 911, but there are numerous examples of callers who have been unable to quickly get through to an operator or to effectively communicate their emergency. Some operators are ill-trained or have ignored distress calls. The Crime Push app may solve some of these problems by having law enforcement immediately view a crime scene, read a distress text, or hear within seconds the sounds of a crime scene or of its victims or perpetrators.

The application displays a number of icons representing a category of crime or a reason to contact law enforcement. It apparently is not as fast as 911, but critics of 911 may say that the application makes for better communication of what crime is being committed.

Civil libertarians and criminal defense attorneys are not as enthusiastic about the application and worry about its potential for abuse. People may not be coherent and the message may be incomprehensible, especially if the person is under stress or unable to communicate well in English and their text may be misconstrued. Other concerns are that messages and videos can be sent anonymously, may misidentify a perpetrator, or may be sent to implicate someone for a crime they did not commit.

Some law enforcement officials also wonder if evidence gathered in this manner is admissible under criminal law. Statements could be unlawfully elicited without a person’s knowledge. Most states require that consent be given before recording another person’s statement and may hold the person recording it criminally liable if they do not obtain express consent. Photos and videos may not be under the same constraint, however, although a skilled New Hampshire criminal defense attorney may be able to persuade a court to suppress such evidence under certain circumstances.

Still, with over 10,000 users reportedly having downloaded the application, some police agencies are happy that with more crimes being reported, their jobs may get easier and streets and neighborhoods a little safer.

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New Hampshire Driving and Texting Laws

Driving While Texting in NHThere’s no denying that distracted driving is a serious issue. It’s an issue that leads to thousands of lives lost and hundreds of thousands of injuries each year across this country. As one of the more prevalent distractions for motorists today, the trends of driving while texting are especially troubling. Our increasing dependence on mobile communications unfortunately parallels the increase of driver-distraction-related accidents.

Reinforcing the idea that driving while texting is an increasing problem, 34 states now have texting while driving laws on the books. New Hampshire’s texting law, House Bill 34, which took effect January 1, 2010, is our attempt to curb these texting-while-driving trends locally.

Texting while driving facts

According to the “Distracted Driving 2009” report by the National Highway Traffic Safety Administration (NHTSF):

  • An estimated 5,474 people were killed and 448,000 were injured due to distracted driving in 2009
  • 20% of all automobile accident injuries in 2009 were due to distracted driving
  • 18% of distracted-driving-related deaths were specifically due to cell phone use
  • Between 2005 and 2009, the percentage of fatal accidents due to driver distraction rose from 10% to 16%

While statistics are sparse for texting-only distracted driving fatalities and injuries, research shows that distracted-driving incidents are on the rise, and that mobile-device usage contributes to a large number of those injuries and fatalities.

Consequences of breaking texting while driving laws in New Hampshire

Texting while driving laws vary from state to state. New Hampshire’s law makes driving while texting a traffic violation punishable with a $100 fine. If you are arrested for texting while driving and cause an accident or injury, which can carry much-higher fines and the possibility of jail time, you would be wise to hire an attorney. To help keep the roads safer for everybody, and to save yourself from having to pay a traffic fine, it’s a good idea to avoid texting until your vehicle is safely parked.

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NH Criminal Law: Capital Punishment Approved by the Senate

NH Criminal AttorneyIn February we featured an article Murder in Connection with Burglary: A Capital Crime. The article discussed a bill New Hampshire was considering that would allow for capital punishment for anyone convicted of a home invasion or burglary that resulted in murder.

The bill stirred much controversy among State politicians with some claiming it would create a snowball effect for other cases and it could apply to other types of crimes.

Today the NH Senate approved the bill that will extend the death penalty to those charged with murder in connection with a burglary. The bill will be sent back to the House and is expected to pass.

A gruesome murder in the town of Mont Vernon prompted House Speaker William O’Brien to sponsor the bill. Although some argue this could not have prevented the horrible attack, they are glad that it will be extended to crimes committed in businesses as well as residential homes.

Once the bill is finalized in the House, it will be imperative for any person charged with this type of crime to consult or hire a top New Hampshire Criminal Defense Attorney.

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Statutes of Limitation under New Hampshire Criminal Law

New Hampshire Criminal LawyerIn general, statutes of limitation pertain to the part of criminal law that prevents someone from bringing a legal claim to court because the length of time to do such has expired.

In New Hampshire, defendants could face criminal charges for criminal offenses and the statutes of limitation could be applied to both types of cases.

Criminal Defense

The defense based on statutes of limitations falls under the so-called affirmative defense.

This refers to the condition that prevents the plaintiff from pursuing a claim.

If successful, the defendant could be acquitted from both civil and criminal liability.

In an affirmative criminal defense strategy, the defendant will have to bear the burden of proof.  Fortunately for the defendant, he is only subject to a lower standard.

It could either be based on “clear and convincing evidence” or “preponderance of the evidence.”

In other states, however, the plaintiff needs to provide proof that will invalidate the evidence presented by the defendant.

This evidence should prove beyond reasonable doubt that the plaintiff is not barred from filing the suit.

New Hampshire Crimes

The statute of limitation applicable to state crimes can be found in Section 625:8 of the New Hampshire Criminal Code.  Murder charges could not be barred by time.

Charges of class A or B felony, on the other hand, are subject to a statute of limitation of six years.  Suits involving official misconduct should be brought to court within two years.

Sexual assault and related offenses involving a minor are limited to 22 years after the victim’s 18th birthday.

Misdemeanor charges are limited to one year while violations based on the penal code have to be asserted within three months.

Need for an NH Criminal Lawyer

As mentioned above, the argument of the defense pertaining to the statute of limitation is a type of affirmative defense.

Such defense needs to be asserted by the defendant, and he is also expected to show evidence of its applicability.

The prosecution could then come up with arguments disproving the time and date of the offense which could have a negative effect on the defense.

Due to technical issues involved in the preparation of this defense strategy, it is best to consult a criminal lawyer before appearing in court.