Monday, August 19, 2013
NEW HAMPSHIRE - DEFENDANT'S RIGHTS
1) Never Give A Statement to the Police- It is essential that defendants understand that they have nothing to gain, and everything to lose, by giving a statement to the police, either formally, or informally, prior to consulting with an experienced criminal defense attorney in NH.
2) Right to an NH Attorney - Defendants have the right to an attorney throughout legal proceedings. The court will appoint an attorney for the defendant at no charge if he/she cannot afford to hire one. However, at the end of the case, you will be billed by the public defender's office, and a judgment and lien will be placed against you for their services.
3) Right to a Jury Trial - NH Defendants have the right to a speedy, public jury trial. At the trial, the defendant is presumed innocent, and cannot be convicted unless 12 impartial jurors have been convinced of the defendant?s guilt beyond a reasonable doubt.
4) Right to Confront Witnesses - Defendants have the right to confront and cross-examine all witnesses testifying against them.
5) Right Against Self-Incrimination - The NH defendant has the right to remain silent, to prevent self-incrimination, and the right to testify on their own behalf.
6) Right to Produce Evidence - The defendant has the right to present evidence and to have the NH court issue a subpoena to bring into court all witnesses and evidence favorable to them, at no cost to them.
Just say "No" to Warrantless Searches. Note: If a police officer asks your permission to search, you, your automobile or house, you are under no obligation to consent. The only reason they are asking you is because they don't have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have, your Fourth Amendment protection against unreasonable searches and seizures. Let them obtain a Warrant from an independent magistrate or judge based on probable cause. You have everything to lose, and nothing to gain by consenting. You have rights use them.
Paul J. Garrity Law Offices
14 Londonderry Road
Londonderry, NH 03053
Phone: (603) 434-4106
Cell: (603) 548-5298
Fax: (603) 437-6472