New Hampshire Drug Crime Attorney
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New Hampshire continues to aggressively investigate and prosecute drug related crimes, from simple possession of marijuana to serious allegations of drug dealing.
New Hampshire Drug Schedules
Even as our neighboring states relax criminal penalties for drug offenses, New Hampshire has intensified its approach to the prosecution of drug crimes. Drug offenses in New Hampshire are set out in the Controlled Drug Act, RSA 318-B, which identifies a number of drug related criminal offenses arising out of the possession, manufacture, cultivation, sale, distribution and/or trafficking of various drugs.
The New Hampshire Department of Health & Human Services has established a schedule of drugs that are considered illegal based on their level of danger and potential for abuse.
How a Drug Crime Lawyer Can Help You
Drug cases come to our office in all shapes and sizes. Very often, a drug case begins with a simple roadside motor vehicle stop where police suspect drug use or possession and escalate the stop, seeking to search the motor vehicle, discovering marijuana, cocaine, hallucinogens and other controlled substances, including unauthorized prescription drugs inside a motor vehicle.
Analyzing the legality of the search is critical to the defense. Search warrants are required to search a vehicle. However, there are a number of recognized exceptions to the search warrant requirement, including consent, plain view and, in New Hampshire, a tow inventory search. In New Hampshire, even a passenger alleged to be in possession of drugs has standing to contest the search.
Other drug cases surface through more deliberate criminal investigation where police rely on informants, collect recordings and engage in controlled drug buys in order to collect evidence to support a drug charge. These cases often result in the execution of search warrants in private homes and apartments. Our team analyses these cases from all angles, evaluating constitutional concerns implicated by controlled drug buys and the searches and seizures that often flow from them.
We further work with our clients to improve our bargaining positions by recommending counseling and drug treatment as a way to assist our clients struggling with issues that relate to drug abuse while improving our bargaining position.
Prohibited Acts Involving Controlled Drugs
New Hampshire state law prohibits possession, manufacturing, purchasing, administering and transporting controlled drugs without legal authorization.
Responding to the pressure of the opioid, heroine, and methamphetamine crisis, law enforcement has been particularly aggressive when pursuing drug cases both in New Hampshire’s cities such as Nashua, Manchester, Concord, Portsmouth and Dover, but also throughout rural regions in Cheshire, Grafton, Coos and Carroll Counties.
Is Marijuana Legal in New Hampshire?
Unlike our neighboring states, New Hampshire has yet to “legalize” the possession of marijuana.
New Hampshire took a step toward that end in September of 2017 when it “decriminalized” the possession of a small amount of marijuana, which means that it is no longer a “crime” for any person to possess less than ¾ if an ounce of marijuana or, for people over 21, to possess “marijuana infused products” such as edibles. However, it remains a Misdemeanor, which is a crime, to possess more than ¾ of an ounce of marijuana.
Likewise, New Hampshire continues to aggressively investigate and prosecute the manufacture and sale of marijuana, treating such conduct as a Felony offense. In addition to being treated as crimes, possessory drug offenses may result in the loss of federal financial aid for college students convicted of a drug offense during a period of enrollment for which the student is receiving financial aid.
Our attorneys appreciate the rapidly changing culture surrounding marijuana and, at the same time, the severe penalties that continue to apply in New Hampshire. Our criminal defense attorneys regularly craft creative solutions to avoid convictions, pursuing available diversionary programs to avoid criminal sanctions where possible. Where such negotiations falter, our attorneys are prepared to fight drug possession cases, regularly asserting factual, constitutional and common sense defenses during trial. We take pride in our trial victories and regularly deliver positive outcomes to deserving clients.
Prescription Drug Crimes
More and more, our criminal defense team defends allegations of prescription drug abuse that surface in a number of settings. Powerful prescription drugs are increasingly available on the street. In other cases, prescription drug fraud leads to criminal charges. Such offenses arise in a variety of settings, including hospitals and doctors' offices where those with access to prescription medications gain unauthorized control over prescription medications.
Drug crimes can lead to misdemeanor and felony charges at the state and federal level, may result in exposure to jail and prison sentences and can reshape the professional lives of our clients, so don't take chances if you've been arrested for a drug crime. Contact a New Hampshire drug crime lawyer right away.
Why You Should Call Our Firm
At Shaheen & Gordon, P.A. we aggressively defend criminal cases, taking the time to know our clients, identify legal and factual issues, recommend counseling and other alternatives to harsh criminal sentences and regularly take our cases to trial. We are fiercely proud of our track record of success both through creative negotiations and earning acquittals after trial in large cases and small ones. Members of our criminal defense team have served as prosecutors at the federal, state and county level, have been included among New Hampshire Super Lawyers®, Best Lawyers In America, andNew Hampshire Magazine in the area of criminal defense, white collar criminal defense and DWI / DUI / OUI defense.
Call today to speak with a member of our team regarding your defense. We are proud to be one of the largest criminal law firms in the state, so call now to hire the right attorney for you! We also practice criminal defense in Maine.
I will and have already told anyone we know in need of a lawyer to go to Shaheen & Gordon.” - Betsy W.
“He spent a long time on the phone with me and was very honest and up front about the costs of service. It was nice to finally get some assistance with the questions I had.”- Vanessa L.
“They have always had my best interest in mind and have worked diligently toward finding a successful resolution.”- Howard P.
Ellsworth v. Warden, 333 F.3d 1 Reversal
Assault Against a Police Officer. Acquittal After Trial
Aggravated Felonious Sexual Assault Not Guilty
Aggravated Felonious Sexual Assault Charges Dropped - Merrimack County Superior Court Charges Dropped
Aggravated Felonious Sexual Assault Charges Dropped – Grafton County Superior Court Charges Dropped
Burglary Not Guilty
Business Crime Victory – Laconia District Court Dismissed
Concord Monitor Case - Defamation Action Dismissed
Importing Counterfeit Prescription Drugs Dismissed
Sale / Possession of Controlled Drugs Dismissed
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