Shaheen & Gordon’s criminal defense practice includes several defense attorneys that were once prosecutors. Our criminal defense practice group includes former prosecutors at the County, State and Federal level. As former prosecutors and now defense attorneys, we have seen time and again the value of our jury system, a system that in New Hampshire requires 12 jurors to unanimously agree that a Defendant is guilty beyond a reasonable doubt before convicting a Defendant of a crime. As defense attorneys, we were very concerned to learn that the New Hampshire House of Representatives is now taking up House Bill 1464, a bill which would do away with the requirement to have a unanimous jury prior to convicting in criminal cases. Simply stated, if applied, this would mean that the State could meet its burden of proof in criminal cases by convincing 11 out of 12 jurors of the Defendant’s guilt. This measure is plainly unconstitutional and comes with a frightening practical consequence. The New Hampshire Supreme Court has repeatedly recognized that the New Hampshire Constitution mandates that a jury of twelve must unanimously reach a verdict of guilty before a defendant’s liberty may be compromised. There is no doubt that this leaves prosecutors with a heavy burden, but there is no doubt that this burden is well worth it. A criminal conviction, especially to a felony, is a stigmatizing event, one that reshapes the life of the accused by dramatically limiting and, in some instances, eliminating educational and professional opportunities. More importantly, jail and prison sentences are often imposed for serious criminal offenses, resulting in separation from society as well as from the family of the accused. Very often, these penalties are completely appropriate. However, before a defendant’s liberty interest is taken, future altered and family taken apart, we ought to be very certain of his or her guilt. In order to bring a level of true confidence to such a grave determination, we have a jury system. It is a system where twelve people must agree unanimously on guilt and, where they do, appropriate and measured punishment ought to follow. Doing away with this requirement dramatically increases the risk of conviction. While this might make the lives of a prosecutor easier, it will also result in the risk of convictions of innocent people. That risk is too high to pay.
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Criminal Defense
Attorney Bill Christie recently represented a client charged with Aggravated Felonious Sexual Assault, Felonious Sexual Assault, Attempted Felonious Sexual Assault and Sexual Assault in the Grafton County Superior Court. After a four-day trial, the jury returned not guilty verdicts on all felony charges.
Through aggressive pre-trial motion practice, Attorney Christie limited the State’s evidence at trial by excluding expert testimony and evidence of other alleged acts by the defendant. Through cross-examination of the State’s witnesses, Attorney Christie established several significant inconsistencies in the complaining witness’ story. The jury returned not guilty verdicts on all felony charges.
This is the second Felony Sexual Assault trial of 2010 where Attorney Christie’s client was found not guilty of all felony charges, an outstanding reflection on Shaheen & Gordon’s Criminal Defense practice.
Shaheen & Gordon is proud to announce that Attorneys Mike Noonan, Lucy Karl, and Steve Gordon have been named to the 2010 New England Super Lawyers and Attorney Jim Rosenberg named to the 2010 Rising Stars List.
Attorney Noonan was recognized for his work in the area of Personal Injury. Attorney Karl was recognized for her work in Securities Litigation. Attorney Gordon was honored for his achievements in the area of Criminal Defense and Attorney Rosenberg was named to the Rising Stars List for his work in the area of Criminal Defense.
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Only 5% of lawyers from New Hampshire are eligible to be named to the Super Lawyers list and only 2.5% of lawyers from New Hampshire are eligible to be named to the Rising Stars list.
Since 1981, Shaheen & Gordon’s experienced team of professionals have been achieving results for individual, institutional and business clients in a broad range of matters throughout Northern New England.