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Attacking Confessions That the Police Failed to Note or Report

2012-05-22T16:05:38Z

Sometimes, your criminal case may become more difficult because the police officer claims to have a confession from you or a damning admission that hurts your case—even if that confession appears nowhere in the police report or his notes. A New Hampshire criminal defense attorney will know what to do in this case.

Your criminal defense attorney should attack the officer’s testimony and suggest that the officer misinterpreted the statement or may even be lying. Your attorney should emphasize that the statement was made months, if not years, ago and that the officer has participated in a large number of arrests and investigations since then. The attorney can try to get the officer to admit that many of them involved similar types of cases, and that in the course of those cases, he interviewed hundreds of suspects and witnesses. Your attorney can emphasize the fact that exact words in an interrogation are extremely important, and that the officer is trained to write accurate reports in order to preserve evidence for a case. Your attorney can also emphasize that the officer relies on these reports to remember what happened a long time ago, although other officers and prosecutors rely on the same reports to investigate and put together a case.

If this cross-examination tactic is successful, your criminal defense attorney may argue that if the officer was so careless about the case that he could not commit the defendant’s own words to writing, the jury should not place any weight on his testimony that the confession happened.

If you have any more questions about challenging a confession, contact experienced New Hampshire criminal defense attorney Sven Wiberg today for a free consultation (603) 686-5454.

Know Your Miranda Rights

2012-05-14T16:06:10Z

Though most people think the laws governing Miranda rights are simple because people have seen them on TV so many times, there are many grey areas in the law that may cause some confusion. A New Hampshire criminal defense attorney can help advise you on what the implications of Miranda are for your particular case.

In general, the burden is on the prosecution to prove by a preponderance of the evidence that an individual voluntarily waives Miranda rights. The police are not allowed to deliberately elicit an unwarned confession prior to reading Miranda rights in order to try to skirt the requirements. However, if the police inadvertently fail to administer the warnings, that does not prevent them from later reading them and then obtaining a confession.

There are exceptions to the requirements of Miranda. Routine bookings and border inspections generally do not require Miranda rights to be read, although they may be required during booking in certain cases. The police use a standard form of questions restricted to biographical information when booking suspects. If instead the questioning is an extended interrogation that moves beyond the biographical, it will not be accepted as routine booking questions. Miranda warnings must be given if the police ask questions designed to obtain information about the crime. In one case, the police had a dying declaration that “Tony” had shot the victim, and in their custody a suspect who called himself “David.” The court held that a lengthy questioning of him about his name and whether his name was really “David” was intended to provide a link in the chain of evidence and constituted custodial interrogation within Miranda.

The police may also forego Miranda warnings in cases where there is an objectively reasonable need to protect the police or the public from an immediate danger associated with a weapon. In one case, the police had been informed that a suspect was armed, and saw him discard something at the scene. Upon arresting him, they saw that he was unarmed and were entitled to ask him where he had disposed of the gun without reading his Miranda rights. This public safety exception, however, does not apply if there is no specific and articulable danger to the police or public, or if the danger disappears when the defendant is arrested.

If you have further questions about exceptions to Miranda, contact knowledgeable New Hampshire criminal defense attorney Sven Wiberg today. The initial consultation is free of charge.

How Civil and Criminal Litigation Can Overlap

2012-05-14T16:04:18Z

Sometimes, civil and criminal litigation overlap, and cases are filed concerning the same allegations and parties. When this occurs, you may need the services of a New Hampshire criminal defense attorney to explain how this affects your case and what your options are.

Often, the civil proceedings will simply await the outcome of a criminal case to incorporate its verdict. This is necessary in civil proceedings, for example, in shareholder derivative suits or to decide on the revocation of a professional license if the party is convicted.

If you are acquitted of the charges, the plaintiff in the civil case must prove the allegations in the civil case like any other, although you will not be allowed to use your criminal acquittal as evidence in your defense.

Even after an acquittal, you may still be able to invoke your Fifth Amendment right not to incriminate yourself, if you are worried that criminal prosecution is possible on different charges or in a different jurisdiction. Double jeopardy does not bar successive prosecutions in separate states or jurisdictions. Even if you are protected from future prosecution in one state by a final judgment, you may still find that you are subject to prosecution in a different state or jurisdiction. For this reason, you may still invoke your Fifth Amendment privilege in a prosecution based on the same conduct. However, some states have passed laws barring such successive prosecutions.

If you have further questions about civil versus criminal litigation, contact dedicated New Hampshire criminal defense attorney Sven Wiberg for a free initial consultation at 603-686-5454.

Pros and Cons of Diversion Programs

2012-04-03T14:28:43Z

If you’ve committed a fairly minor crime and don’t have a lengthy criminal record, you may be eligible for a diversion program. In a diversion program, the prosecution files charges but then puts the case on hold while you meet certain probation conditions. The conditions include such things as reporting requirements, restitution, and a treatment program. You may also be subject to random searches of your home.

The prosecutor dismisses the charges when you finish the probation period. In addition, your record may be expunged.

While a diversion program sounds tempting, there are certain drawbacks. For example:

● Diversion is not an acquittal. You may have to admit that you’re guilty. Your admission may be used against you in a civil case brought by the victim or in a criminal trial, if you don’t finish the program.

● You probably will not be able to sue for wrongful prosecution or arrest.

● The diversion might be deemed a conviction for purposes of your driver’s license or immigration status.

● You probably will not be able to participate in a diversion program the next time you are arrested.

Due to these drawbacks, your New Hampshire criminal defense attorney may advise you that it might be better to plead to a minor violation, such as disorderly conduct. Doing so would relieve you of the probation conditions, and you may still choose to participate in a diversion program if you are arrested again.

If you’ve been arrested, contact experienced New Hampshire criminal defense attorney Sven Wiberg at (603) 686-5454.

Complying With a Grand Jury Document Subpoena

2012-04-03T14:26:37Z

A grand jury document subpoena is a court order. It is much more serious than a discovery request in a civil case. In civil cases, you usually have two opportunities to respond to a discovery request. The court can sanction you only after the opposing party has filed a motion to compel against you.

f you expect to receive a grand jury document subpoena, your New Hampshire criminal defense attorney will direct you not to destroy any documents that may be included in the subpoena. Destroying documents when you’re expecting a subpoena may subject you to prosecution for criminal obstruction of justice.

Therefore, if you know of documents that will probably be included in a subpoena, maintain those documents, even if you have a policy to periodically destroy documents. If you destroy the documents and are charged with obstruction, you may be able to defend yourself on the grounds that you destroyed them pursuant to a regular policy, rather than pursuant to an intent to obstruct justice. However, you’re much better off avoiding being prosecuted for obstruction in the first place. As your New Hampshire criminal defense attorney will advise you, it’s a bad idea to revive an inactive document destruction policy right at the start of a grand jury proceeding.

If you expect to receive a grand jury subpoena, tell your New Hampshire criminal defense attorney as soon as you can. He or she can call the prosecutor and arrange to receive the subpoena for you. This will prevent a process server from bothering you at home or work and having access to your family or coworkers for questioning.

If you expect to receive a grand jury subpoena, contact New Hampshire criminal defense attorney Sven Wiberg at (603) 686-5454. The initial consultation is free of charge.

Right to a Preliminary Hearing

2012-04-03T14:24:33Z

After you make your initial appearance before the court following your arrest, your New Hampshire criminal defense attorney will explain to you what happens next. You will be entitled to a preliminary hearing or examination, and the prosecution must introduce sufficient evidence to justify holding the case for court. You are entitled to the assistance of counsel at this hearing under the Sixth Amendment.

While the Constitution does not require the preliminary hearings, the Fourth Amendment does give you some rights if you are detained beyond 48 hours. You are entitled to judicial review of probable cause in that case and must receive a probable cause determination, unless the prosecution establishes a bona fide emergency or extraordinary circumstance. You are also entitled to cross-examine the prosecution’s witnesses at the preliminary hearing.

The prosecutor might pre-empt the preliminary hearing by obtaining a grand jury indictment (if available) within the time set for your hearing. If possible, your New Hampshire criminal defense attorney should schedule the preliminary hearing quickly, before the prosecutor makes this move to put your case before the grand jury. However, the prosecutor might threaten to indict on the highest charge or charge a mandatory minimum if he is forced to indict sooner rather than later, which can be difficult to waive in plea bargaining later on. Your attorney will need to look closely at the prosecutors’ office record to gauge whether these threats are valid.

The magistrate usually sets the preliminary hearing at your initial appearance before the court or the arraignment. If the magistrate has not set a date, your attorney should file a written demand to set one. Under the law of some states, your right to a hearing will be waived unless explicitly invoked by you or your attorney. If the court fails to hold a timely preliminary hearing, you will be released, but the charges against you will not be dismissed. If your attorney needs more time to prepare your case, he or she can seek a brief postponement of the preliminary hearing, and should stipulate that the time should be excluded from the speedy trial statute.

If you have further questions about what happens following your arrest, contact New Hampshire criminal defense attorney Sven Wiberg at (603) 686-5454. The initial consultation is free of charge.

Attacking Unrecorded But Noted Confessions

2012-04-03T14:22:10Z

Confessions to the police are always damaging to your case, but they are not necessarily fatal. There are ways to challenge confessions or make the jury think they were made falsely, and a New Hampshire criminal defense attorney may be able to help you do that.

One type of confession is the unrecorded but noted confession. Many law enforcement agencies do not record statements; rather, the agent or officer takes notes and then types up a report describing what the person said. These reports are often filled with inaccuracies and wishful thinking about the defendant said, as well as untrue conclusions about what the defendant meant. It is easy for police to interpret statements wrongly, and an experienced New Hampshire criminal defense attorney will look for examples of words or sentences from the report that seem like they clearly did not come from the defendant.

A knowledgeable criminal attorney can move for production of the officer’s handwritten notes and then compare differences between what the notes say and what is included in the report. Any omissions from the report can then become compelling evidence. This technique works best with details that seemed unimportant at the time but become decisive at trial. If the officer’s notes contradict what is in the report, how can the jury trust his recollection on the stand as to what the defendant told him?

If you have more questions about ways to fight a confession, contact experienced New Hampshire criminal defense attorney Sven Wiberg today at (603) 686-5454 for a free initial consultation

Challenging the Voluntariness of a Confession

2012-02-07T17:53:24Z

If you have been arrested, one thing you definitely don’t want to do right away is confess. A confession severely limits your options for how you can help yourself later. However, in some cases, it is possible to challenge the basis of a confession and have it ruled invalid. A New Hampshire criminal defense attorney may be able to help you.

One common tactic is to challenge a confession’s voluntariness. Before a jury hears about a confession, a trial judge has to rule that it was made voluntarily, and will hold a hearing to determine if that is the case. Your New Hampshire criminal defense attorney might make a motion alleging that the confession was involuntary. The specific allegation will depend on the nature of the claim. If the basis for suppression is a violation of your Miranda rights, your attorney might file a motion alleging that upon your arrest, the police omitted the warnings when asking you questions. A more detailed claim might spell out the circumstances that amount to coercion. In some cases, the court will insist that allegations come from affidavit by a person with personal knowledge of the case, such as the defendant.

It is best to have the hearing on the admissibility of the confession before the trial begins for a few reasons: the decision on the confession may dictate whether the case goes to trial, is pled out, or dismissed; a criminal attorney will need to know whether the jury will hear the confession in order to ask relevant questions during jury selection; and the court will save the jury delay and inconvenient by not holding the hearing mid-trial.

The jury will not be present for the hearing, as the trial will be irreparably harmed by allowing the jury to hear the confession and subsequently disregarding it.

It is better to win a claim of involuntary confession rather than prevail on a Miranda violation because a coerced confession cannot be used for any purpose at trial. Even if you lose the involuntariness challenge before the judge, you may be entitled to introduce testimony about how the police obtained the confession and the environment around you, in order to argue that it should not be credited and may have been given falsely.

If you have questions about confessing to a crime, contact knowledgeable New Hampshire criminal defense attorney Sven Wiberg for a free initial consultation.

Confessions and Miranda Warnings

2012-02-07T17:51:42Z

Your criminal case will become much more difficult to defend if you made any sort of confession to the police following your arrest. However, there may still be room to argue that the confession was made involuntarily in violation of the Fourteenth Amendment right to due process, although it is usually difficult to make this argument. A New Hampshire criminal defense attorney can tell you if it might be a possible defense in your case.

The Miranda warnings given by police officers when making arrests are intended to prevent pressure tactics. If the police issued the appropriate Miranda warnings during your arrest, it is unlikely your confession will be found involuntary. However, the courts apply a “totality of the circumstances” test to determine if a confession was coerced. The Constitution prohibits law enforcement officers not only from physical torture, but also from using psychological devices to get a confession against a defendant’s will. The question is whether the police officers acted such to overbear the defendant’s will and elicit a confession involuntarily.

The courts will consider the following factors:

The defendant’s age and education;
The defendant’s mental health and emotional state;
The defendant’s intelligence or mental deficiency;
The advice given (or lack thereof) regarding constitutional rights;
The length of the detention;
The absence of family;
The repeated and prolonged nature of the interrogation;
The use of physical punishment; and
The defendant’s familiarity with the judicial system.

If you have further questions about coerced confessions, contact dedicated New Hampshire criminal defense attorney Sven Wiberg today for a free initial consultation.

The Types of Bail

2012-01-17T17:11:36Z

Bail can be an unexpectedly complicated process for those have been recently arrested and do not understand the system. A New Hampshire criminal defense attorney may be able to help you understand the process better.

There are a few different types of bail which your New Hampshire criminal defense attorney might seek for you, but the type that applies will depend on the specifics of your case and other factors, such as where you were arrested and the crime for which you were charged.

You may be released on an unsecured bond under certain circumstances. This means that you are released “on your own recognizance” or on a bond that requires no cash deposit or collateral. However, you will be held liable if you fail to appear on your court date or violate the bail conditions.

Failing to appear in court is a serious crime that carries its own penalties, such as years of imprisonment, if prosecuted separately, or additional penalties and longer prison time if factored into the sentence of your underlying offense.

You might also be released under a cash bond, which requires a cash deposit or collateral in order for you to be released. The bail might be “straight,” requiring the entire amount, or a percentage of the total amount. However, if you fail to appear, you will be liable for the total amount, and if you are ultimately convicted and the sentence includes a fine, your cash bond may be applied to the payment of the fine.

If you have more questions about how bail works, contact dedicated New Hampshire criminal defense attorney Sven Wiberg. The initial consultation is free of charge.

Deciding Whether You Should Testify At Your Bail Hearing

2012-01-17T17:09:49Z

When the court holds a bail hearing for you after your arrest, you may be wondering if it is a good idea for you to testify at your bail hearing. A New Hampshire criminal defense attorney might be able to advise you and answer your questions about bail.

In general, however, if you testify at your bail hearing, you do so at your own risk. Your testimony might come back to be used against you at trial, which does not violate your right against self-incrimination. While your New Hampshire criminal defense attorney may be able to ask the court to preclude your testimony from being used at trial, it is not likely the request would be granted. If for some reason you feel compelled to testify, you may have to sit for cross-examination. Your attorney can ask that the court preclude cross examination, but if it does, your testimony might not be considered reliable.

In sum, it is not a good idea to testify at your bail hearing just to express your sincerity and willingness to appear at your court date; the risk is too great.Another issue comes up if you post bail with cash. If the court has reason to believe your bail money might have come from an illegitimate source, it may hold a “source hearing” inquiring into the source of the funds. The prosecution is able to call and examine witnesses at this hearing.

If you have further questions about bail, contact experienced New Hampshire criminal defense attorney Sven Wiberg today for a free consultation.

When Officers Don’t Act in Good Faith

2011-12-27T15:46:33Z

Under the Constitution, law enforcement may obtain a search warrant only if they have probable cause to believe that a crime was actually committed. A warrant is authority from a judge to search a particular place and seize particular evidence. The officers must prove probable cause by an affidavit or oral testimony.

A valid warrant must specify the places the officers may search and the items they may seize. A warrant must specify the times and dates during which the search and seizure may be performed. An experienced New Hampshire criminal defense attorney may find a way to attack the validity of a search warrant.

The United States Supreme Court has held that if officers rely in good faith on a warrant, evidence they seize can be used at trial. However, a warrant will not protect a search in four situations. Evidence may not be used at trial if:

The affidavit shows so little probable cause that it would be unreasonable to believe that it even existed;
The person signing the affidavit includes information that he knew was false or should have known was false, except for his reckless disregard of the truth;
The judge takes part in the search and allows officers to seize items outside the warrant; or
The warrant is so obviously flawed (for example, it doesn’t identify the place to be searched or the items to be seized) that the officers could not reasonably believe that it is lawful.

If you’ve been arrested for a crime, contact New Hampshire criminal defense attorney Sven Wiberg today for a free initial consultation.

Car Searches and Seizures

2011-12-27T15:44:44Z

Questions concerning the search and seizure of cars do not always have clear-cut answers, and the constitutionality of such searches is a hotly contested subject. A New Hampshire criminal defense attorney may be able to help you if your car has been searched by the police.

The unfortunate fact is that for the most part, cars are not well-protected under the Fourth Amendment. Police officers have considerable lenience when it comes to reasonable suspicion when pulling over or searching vehicles. Reasonable suspicion can occur any time an officer suspects a traffic offense has been committed.

When the police stop a car, they are allowed to ask for the driver’s license and registration and ask identifying questions; shine a light inside, and anything seen counts as being “in plain view” and grounds for seizure; look at the vehicle identification number; and order the occupants out of the vehicle. If the occupant is behaving suspiciously, such as making wary movements or refusing to obey orders, that may justify pat-downs.

The law is slightly more favorable when it comes to the arrests of a recent occupant of a vehicle; formerly, the police were allowed to search the entire passenger compartment and any containers, even if the arrestee was arrested outside the car and removed from access to it. But the Supreme Court has ruled that a search of a vehicle incident to a recent occupant’s arrest is only lawful when the arrestee is, at the time of the search, within reaching distance of the passenger compartment, and the police reasonably believe that evidence relevant to the crime of arrest may be in the vehicle. This is a much stricter standard, as the police typically handcuff and secure arrestees outside the car, anyway. Additionally, if the police issue a citation for a traffic offense, that does not give justification to search the car or driver, unless there is reasonable suspicion that the driver may pose a danger.

If you are pulled over while driving and arrested, your New Hampshire criminal defense attorney’s best strategy may be to challenge the reasonable suspicion basis of the stop or whether the police had probable cause to believe the car contained evidence of a crime. If you have further questions about the search of a car, contact New Hampshire criminal defense attorney Sven Wiberg today.

Computer Searches

2011-12-27T15:41:41Z

There are specific regulations governing police behavior when it comes to searches and seizures of computers. If your computer has been searched or seized by the police, you may have grounds to challenge the search or make certain demands regarding it. A New Hampshire criminal attorney can advise you as to the Fourth Amendment implications of the search.

In general, when searching a computer, the police are supposed to use a keyword search that does not unnecessarily expose material for which they have no probable cause to search. Though the police might search a physical file cabinet by opening each file and inspecting its contents, they should not do the same thing with each file and folder on your computer.

The police will probably make a mirror-image of your computer’s hard drive and use that to conduct their search; they might return your computer as they no longer need it. Your New Hampshire criminal defense attorney should ensure that the evidence is not tampered with by the police. Your attorney can do this by having a computer technician make a mirror of the hard drive as soon as it is returned, so that you have an image of the files as they were at the time of the search; this can be compared to the evidence the police present. Finally, if the police seize property or files that are intermingled with other documents that are not covered by the scope of their search warrant, your attorney should move for the prompt return of the property and demand that the non-covered files be sealed.

If you have questions about a search and seizure of your property, contact experienced New Hampshire criminal defense attorney Sven Wiberg today for a free initial consultation.

Plain View Searches

2011-11-30T17:31:34Z

If you have been charged with a crime as a result of a police search, you may be wondering if there is anything you can do to contest the search. In particular, “plain view” searches are a special class of searches and have their own rules as to whether they are conducted lawfully. A New Hampshire criminal defense attorney may be able to answer your questions about the plain view search as it pertains to your case. Here is some general information:

A “plain view” search occurs when the police spot an object and have probable cause to believe the object is the instrumentality of a crime. If so, they may seize the object without a warrant. Three conditions must be met: the police must lawfully reach the vantage point from which they can see the object, they must have lawful access to the incriminating object, and it must be immediately apparent that the object is incriminating. “Immediately apparent” here means that viewing the object without further searching gives the police probable cause to believe it is contraband. For example, they cannot turn over the object to look at the serial number in a “plain view” search. Of course, the entire search must also be conducted within Fourth Amendment guidelines.

If your police seized your property or arrested you on the basis of a plain view search, your New Hampshire criminal defense attorney might be able to challenge it in two ways: (1) your attorney might challenge how the police got into the position to see the items, if they entered an area they were now allowed to be, or if they looked into a car that was stopped illegally; or (2) your attorney might challenge whether the incriminating nature of the evidence was immediately apparent, if the police inspected it intrusively, or if they conducted further investigation after seizing it—this would make the search not a “plain view” search. In one case, the Supreme Court ruled that an officer who felt a hard object in an arrestee’s pocket, and knew that it was not a weapon, could not remove the object on suspicion that it was drugs.

If you have more questions about the plain view exception, contact experienced New Hampshire criminal defense attorney Sven Wiberg for a free initial consultation

Standing Requirement: Reasonable Expectation of Privacy

2011-11-30T16:54:03Z

If you have been arrested and your property has been seized by the police as evidence, you may be wondering if you can challenge the use of that evidence in court. Any evidence used against you has to be obtained lawfully, and you can try to have some evidence suppressed at trial if you think it has been obtained unlawfully. However, this does not apply to all evidence.

In order to get a suppression hearing, you must establish that you have “standing,” which means that you had a legitimate expectation of privacy in the item seized or the place searched. Merely owning the item in question is not the same thing as standing.

The issue of standing can be difficult for defendants, as your New Hampshire criminal defense attorney will try to distance you from the evidence seized. However, that might conflict with the fact that your attorney needs to establish sufficient standing to get a suppression hearing. Some prosecutors will challenge standing in order to force the defendant to testify at the suppression hearing that he did possess the item in question, which can then be used to impeach the defendant he testifies on his own behalf at trial.

An experienced New Hampshire criminal defense attorney might try using other witnesses to establish standing. For example, if the arresting officer testified that he saw the incriminating item in the possession of the defendant, that might establish standing without the defendant having to testify. Similarly, other witnesses such as a friend can be called to testify to the defendant’s interest in the property that was searched.

If you have questions about how standing might affect your case, contact experienced New Hampshire criminal defense attorney Sven Wiberg today for a free initial consultation.

Constitutional Issues Surrounding Private Searches

2011-11-30T16:51:36Z

If your property has been searched, you may be wondering about the constitutional issues surrounding police searches and whether your search was conducted lawfully, particularly if evidence gathered during the search is going to be used against you. A New Hampshire criminal defense attorney will be able to answer questions pertaining to your specific case.

The most important thing to note is that the Fourth Amendment of the U.S. Constitution and similar provisions in state constitutions only limit actions government agents. Private investigators or other private parties are not limited by the Fourth Amendment, and evidence gathered by them can be used, no matter how unreasonable their search. However, if the individual who conducted the search acted as an instrument or agent of the government (such as an airport employee who regularly provides tips to the Drug Enforcement Administration (DEA) and searches packages), or if police officers join a private search in progress, then the search must still comply with Fourth Amendment standards.

It is also important to note that if you do anything to relinquish your privacy interest in an item, you may forfeit your Fourth Amendment right to privacy against searches and seizures of the item. Actions indicating forfeiting your privacy interest include leaving a bag in a public hallway, putting it in the garbage and taking it to the curb, or throwing it on the ground when being chased by police. However, if you only set an item down temporarily or give it to someone else temporarily, that does not constitute abandonment. The burden of proving that an item was abandoned is on the government.

If you have further questions about a search, contact experienced New Hampshire criminal defense attorney Sven Wiberg for a free initial consultation.

Cross-Examination in Drug Sale Cases

2011-10-06T16:21:59Z

If you have been arrested for an alleged drug sale, your New Hampshire criminal defense lawyer may want to cross-examine the arresting officer. After the officer has given his account of the incident, your attorney’s cross-examination might include the following questions:

Where were you parked?
Which side of the car were you on?
Were you on the same side of the street as my client?
Were there cars parked between you and my client?
Did you or your partner use binoculars to observe my client?
How far were you from my client when you saw him hand something to the other individual?
The item you say you saw my client give to the individual who approached him—you could not see what it was?
And you could not identify the item the individual gave to Defendant?
You say that my client handed a package to another man?
Could you please describe that other man?
Had you seen this man before?
Did you see what the man did with the package?
Did you stop that man?
Did you search him?
Did you find drugs on him?

Questions like these may reveal inconsistencies in the officer’s account, and can be the key to creating “reasonable doubt.” For this reason, an effective cross examination of the arresting officer can be all the difference in defending a drug sale case. For best results, you need an experienced New Hampshire criminal defense lawyer like Sven Wiberg in your corner. To schedule a free consultation, contact his office at 603-686-5454.

To Plead or Not to Plead

2011-10-03T17:54:46Z

If you are arrested, the prosecutor’s promise of relatively little jail time may tempt you to quickly plead guilty to a serious charge. But be extremely cautious before accepting a plea bargain, especially to a serious charge early in the pleading process. A conviction of a serious crime may cause you severe problems in the future. For example:

If you plead to a misdemeanor charge with a maximum possible sentence of more than two years imprisonment, you may never legally possess a firearm.
If you plead to a drug offense, you cannot obtain federal student aid for at least one year.
If you are convicted of a serious crime you may receive even greater punishment if you are later charged with a crime.
If you are convicted of a serious crime your job prospects may be damaged forever.

Before pleading, try to hold out until a later court appearance. Hiring a New Hampshire criminal attorney can help you avoid many of the pitfalls inherent in an early plea bargain. For example, a New Hampshire criminal attorney will:

Advise you to be very cautious before entering a guilty plea. A good attorney will look for weaknesses in the prosecution’s evidence and advise you when to hold out for a better deal. The prosecutor may see that your attorney has called his bluff and make a more acceptable offer.
Consult with lawyers who appear regularly in that court and know the value of your type of case.
Investigate your case fully and highlight weaknesses in the prosecution case.

If you’ve been arrested, contact Wiberg Law Office, PLLC at (603) 686-5454 for help and advice from an experienced New Hampshire criminal defense attorney.

Reasons to Hire a New Hampshire Criminal Defense Attorney for Initial Appearance or Arraignment

2011-10-03T17:52:52Z

There are many reasons why you should hire a New Hampshire criminal defense attorney to represent you at an initial appearance or arraignment. Although the purpose of an initial appearance is limited, it allows your attorney to begin advocating for you. And proper representation at the arraignment is crucial for protecting your rights. At these proceedings, your attorney should:

Review the accusatory instrument. Your attorney should challenge it if it fails to establish probable cause or if you are not the person named in the charge.
Seek your release on bail. Even having an argument about bail may force the prosecution to reveal additional evidence about your case to justify a high bail request.
Demand that the prosecution preserve evidence that might otherwise be destroyed, such as 911 tapes, voicemail messages, phone records, emails, and blood samples.
Serve discovery requests demanding such things as witness statements and pre-trial identifications.
Give notice of your intent to testify in the grand jury, if required by local rules.
Talk to or obtain the names of any prosecution witnesses.
Talk to the arresting officer about such things as your cooperativeness, the victim’s credibility, and the officer’s amenability to pre-trial diversion or dismissal in return for restitution.
Document your injuries if the police hurt you. Your attorney should have a third party (not your attorney, so he or she can testify) photograph and describe your injuries.
Inform the court of your need for medical treatment if you are in custody, and help you receive medical treatment if you are free on bail.

These are only some of the services your New Hampshire criminal defense attorney can provide. For a free evaluation of your case, please contact experienced defense attorney Sven Wiberg at 603-686-5454.