Bedford Criminal Defense Lawyers

Fighting Criminal Charges in New Hampshire Courts

We handle a variety of misdemeanor and felony cases, including assault, drug possession and alcohol-related offenses, among others. When you are arrested for a crime, you have certain rights. One of these rights involves having your Miranda rights read to you before you are taken into police custody. These warnings include the right to remain silent and the right to an attorney, both of which are important to exercise. Miranda warnings are meant to protect a defendant’s Fifth Amendment right against self-incrimination and Sixth Amendment right to be represented by an attorney. If these rights were violated due to a lack of warnings, the statements that a defendant made while in police custody may be excluded as evidence against them. The issue of when “custody” begins is often complex and can be contested. Our criminal defense attorneys can help Bedford residents determine whether this may be a productive strategy in their case.

In all criminal cases, the state has the burden to prove each element of the offense “beyond a reasonable doubt.” This is the highest standard in the legal system, and it may open many possibilities for a strong defense. For example, in a theft case, your attorney might be able to attack the prosecution’s case on the basis that you did not have the intent to steal the item. In an assault case, there might be a valid argument of self-defense if you were responding to someone else’s aggression.

Sometimes a Bedford criminal defense attorney can build a defense on procedural as well as substantive grounds. The Constitution provides rights to citizens under the Fourth Amendment that protect them from certain searches and seizures. If the police violated those rights in a marijuana possession case, for example, you might be able to have the evidence gained from that unlawful search excluded. The prosecution then might not be able to establish the charge beyond a reasonable doubt.

Different crimes have different consequences, depending on the nature of the crime as well as the crime’s classification. Under the New Hampshire Criminal Code, an offense is charged as a misdemeanor, felony, or violation. Misdemeanors and felonies are considered crimes, whereas violations are not. Felony crimes are the most serious and result in a minimum of one year of jail time. Felonies are categorized as Class A or Class B, the former being the most serious type of criminal offense.

Misdemeanors are not as serious as felonies. These offenses carry a maximum penalty of one year of jail time. Still, misdemeanors can have serious consequences for a person’s life. As with felonies, a person can be charged with a Class A Misdemeanor or a Class B Misdemeanor, the former being more serious.

A violation is an offense but not a crime. The penalties for a violation may include a monetary fine and, in some cases, a license suspension, but there will be no jail time.