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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.

Legal Options After Delayed Initial Appearance

2011-09-27T16:34:16Z

Before a judge issues a warrant for an individual’s arrest, the state must show probable cause—meaning that police reasonably believe the arrestee has engaged in criminal activity. When police make an arrest pursuant to a warrant, the prosecution does not need to make another showing of probable cause through an initial appearance. When police make an arrest without a warrant, however, the court must promptly provide a probable cause review. The prosecution must provide the defendant with an initial appearance within 24 to 48 hours of the defendant’s arrest unless the prosecutor can show a bona fide emergency or extraordinary circumstances. The initial appearance is part of the defendant’s procedural rights.

When the court delays the defendant’s initial appearance, a New Hampshire criminal attorney may be able to help with protection of the defendant’s rights through various legal actions. The defense lawyer may consider filing a “writ of habeas corpus” to seek the defendant’s immediate release. Writing the writ and participating in the related court proceedings may take up time and judicial resources, however, so the defense lawyer may seek progress by speaking with the chain of command at the police department and the prosecutor’s office, or by contacting the judge’s law clerk, to encourage arraignment without requiring the writ. The defense lawyer may also try to move along your case by threatening to file a federal civil rights action against the police department and the prosecutor’s office.

If more time has passed and the state has already arraigned the defendant, the delay before the defendant’s initial appearance and probable cause review may still affect the defense’s legal strategy. If the defendant did not have an attorney immediately following the arrest, it may be helpful to hire representation at this point if the state plans to pursue the case further. The delay may have resulted in more time during which police investigators or the prosecuting attorney were able to interrogate the defendant and obtain a confession. An attorney may pursue suppression of evidence obtained due to the delay in the case. If the court suppresses evidence offered by the state, the prosecutor’s case may weaken. A skilled New Hampshire criminal attorney may be able to then obtain the defendant’s release on bail or negotiate a favorable outcome in the case.

For a free evaluation of your case, please contact criminal defense attorney Sven Wiberg at 603-686-5454.

Basic Information About Bail

2011-09-27T16:31:33Z

After an arrest, bail is an immediate concern. The court may set bail immediately after the defendant’s arrest or at the defendant’s initial appearance. Under rare circumstances, and only for minor offenses, the arresting officer may be able to release the defendant after payment of a minimal amount, also known as “stationhouse bail.” To obtain a release on bail, the defendant must agree to the court-ordered conditions that restrict the defendant’s liberty. The amount of bail will vary depending on the criminal charges and the defendant’s circumstances. A defendant may benefit from negotiating bail with the help of a New Hampshire criminal attorney.

Some defendants need to work with a bail bond agency in order to post bail. A licensed bonding company will post the defendant’s bail in exchange for a fee. The bail bond agency takes on the role of suretor on the defendant’s bail. Using a bail bond agency may make a difference financially. If the defendant pays bail independently, the court returns the money after the court completes the case. If the bond agency pays the bond and the court returns the bail funds at the end of the case, the agency does not generally return the fee paid to the agency by the defendant.

If the defendant uses a bail bond agency but does not appear in court, the agency may use a bounty hunter to find the missing defendant. If found and arrested by the bounty hunter, the defendant will return to court for completion of the criminal case.

A New Hampshire criminal attorney may be able to help if the defendant wants to post bail but needs information regarding his legal options. For a free evaluation of your case, or to learn more about posting bail and the consequences if the defendant fails to follow through with the court-ordered conditions, please contact experienced criminal defense attorney Sven Wiberg at 603-686-5454.

Property Seizure

2011-09-23T15:48:17Z

If you have been arrested, you may be concerned about the possibility of the police searching and seizing your property in order to find evidence. There are Fourth Amendment issues pertaining to all police searches and seizures, and a New Hampshire criminal defense attorney may be able to help you determine if your case would be affected by any such issues.

The definition of “seizure of property” is some significant interference with an “individual’s possessory interests” in his or her property. New technology allows the police to conduct significantly enhanced inquiries into suspects’ property, and if a device allows the police to obtain information about the interior of a residence, it most likely constitutes a search under the law. There are other factors that determine whether it is a search, such as whether the technology is available to the general public, and whether the use of the device results in information that could not otherwise be found without physically entering the home.

Previously, the law used to regard most technologies by analogizing them to simpler, physical devices, such as thinking of computers as filing cabinets, or GPS devices as beepers. However, recently state legislatures and courts have found that modern technology is qualitatively different from those physical analogies in its ability to monitor and record a person’s activities and movements. Some states have deemed the use of GPS on a car as a search that requires a warrant.

If you have further questions about what constitutes a search and seizure, contact New Hampshire criminal defense attorney Sven Wiberg at 603-686-5454.

PRE-TRIAL DIVERSION

2011-09-23T15:45:13Z

In many jurisdictions, individuals arrested for the first time are given an option of keeping the crime off of their record without having to go to trial. Pretrial diversion is a program for certain first-time offenders to give them a second chance to avoid being marked by a felony conviction for the rest of their lives. Your New Hampshire criminal attorney may be able to assist you in entering this withheld sentencing.

While the details of the program vary somewhat from one place to another, the basic structure is usually the same. The judge will withhold adjudication for a certain period of time and place the defendant under certain restrictions similar to being on probation. If the individual complies with the terms and conditions of the pretrial diversion agreement, then at the end of the time period the charges are dismissed and the person is not convicted of the crime.

However, pretrial intervention is not the best option in all situations since this is only applicable for first-time offenders. Your New Hampshire criminal attorney will assist you in determining whether pretrial diversion is appropriate for your specific case by evaluating the strengths and witnesses of both your situation and the prosecution’s case.

There are two situations where pre-trial diversion would not be recommended. First, some defendants are simply unable to stay away from illegal activities and would prefer to close the case with a fine or a brief jail sentence. Second, if the defendant tends to be a repeat offender, especially for a specific illegal activity such as an alcoholic driver, you may be advised to go to trial with the chance that the outcome will save the deferred prosecution for a future arrest on more serious charges.

In either situation, you should consult with a criminal attorney for advice appropriate for your specific case. Call experienced criminal defense attorney Sven Wiberg at 603-686-5454 for your free initial consultation.

Search and Seizure of a Person

2011-09-14T15:41:32Z

If you have been arrested for a crime, you may be wondering if there is anything you can do to contest your arrest and help your chances at defense. The police may have obtained evidence they intend to use against you by searching your home or your property, and you might wonder if it is legal for the police to do that. Searches and seizures, as these are called, are important in criminal investigations, and there are strict rules that govern how the police are allowed to conduct them in order for evidence they obtain to be used against you.

The police might do certain things that you might not think of as a “search.” A search occurs when the government intrudes on you in such a way that you carried a subjective expectation of privacy regarding the object being searched, and society would recognize that expectation as reasonable. If they have conducted a search, there must be probable cause for it.

It is not a search for the police to approach a person on the street and ask questions, if the person is not obligated to stop for them. Nor is it a search for the police to look into an open window or shine a flashlight into your car.

If a reasonable person would believe that, in your circumstances, you are not free to leave or terminate an encounter with the police, a seizure of your person has occurred. This requires there be a show of force or official authority.

If you have more questions about searches and seizures in your arrest, contact New Hampshire criminal defense attorney Sven Wiberg for a free evaluation of your case at 603-686-5454.

Points in Your Favor at Your Bail Hearing

2011-09-14T15:38:55Z

If you are arrested and charged with a crime, one of the first things that will happen is your bail hearing. At your bail hearing, your New Hampshire criminal defense attorney will argue before the judge that you are not a flight risk or a risk to your community. Your attorney will provide documents and information to the court in order to establish this.

The information provided by your New Hampshire defense attorney will be used to portray you in a positive light. Your attorney will provide your employment history, responsibilities, family situation, and the necessity of your maintaining income and health benefits for your family. Your attorney will also tell the court about your community and family ties, in order to establish the support and responsibilities you have surrounding you that will ensure you appear in court. Your attorney should also explain the difficulties that will face your family should you be imprisoned, and that if they have the capacity, they will be willing to post bond for you to ensure your release.

All this depends on the type of charges filed against you. If they are serious, bail is a very slim possibility. There are mitigating factors and certain defenses that can be used; for example, the charging documents may reveal that the prosecution’s evidence is weak or may be inadmissible, and your attorney might use this to argue in favor of release.

If you have been charged with a crime, or if you believe that you are under suspicion for one, please contact New Hampshire criminal defense attorney Sven Wiberg for a free evaluation of your case at 603-686-5454.

THE DEFENSE ATTORNEY’S ROLE IN THE POLICE INVESTIGATION

2011-09-06T15:28:07Z

It is beneficial for your New Hampshire criminal attorney to accompany you to any police investigatory steps, such as line-ups or questioning for several reasons.

First, your New Hampshire criminal attorney will instruct you not to answer any questions asked by the police and not to assent to requests for any types of searches.

In the case of line-ups, handwriting samples, and the like, your attorney will:

(1)   Act as a witness to prevent and possibly report any police abuse.
(2)   Make sure the investigation is being conducted appropriately. For instance, your attorney may object to how a line-up is being handled.
(3)    Prevent you from incriminating yourself, which usually happens when defendants inadvertently blurt out admissions or tamper with evidence.

For example, if you are requested to give a handwriting sample, your New Hampshire criminal attorney will advise you to refrain from disguising your handwriting or making unnecessary comments about the words you are being asked to write. Any comment you make or any concealment in your handwriting can be used against you.

Finally, during your bail hearing, your New Hampshire criminal attorney will advise you about answering certain questions. Bail interview inquiries may lead to divulging incriminating information. For example:

-          Absence of a legitimate source of income may raise red flags that you retained your attorney or posted bail using illegal funds.
-           Using your actual name may disclose illegal or criminal immigration status and/or that your identification documents are falsified.
-          Revealing your place of work may incriminate you in criminal activity, if, for instance, your place of work is façade for illegal activities such as drug peddling.

However, in many cases, your attorney will advise you to answer these questions. The prosecution will probably learn the truth in time, anyway, and refusing to answer ensures that you will not be released on bail.

If you have been charged with a crime, please contact New Hampshire criminal attorney Sven Wiberg at 603-686-5454 for a free evaluation of your case.

How An Experienced New Hampshire Criminal Defense Attorney Prepares For the Bail Hearing

2011-09-06T15:20:46Z

The bail hearing usually occurs early in the criminal process, when both the judge and prosecutor know relatively little about your history, family, employment, and other information.

The judge and prosecutor will typically make their bail recommendations based on a variety of factors, including the seriousness of the crime, your criminal record, whether you have failed to appear in the past, your parole or probation status, and whether there are other charges pending against you. These are the facts that the system can gather about you relatively quickly.

It is not uncommon for there to be misunderstandings at bail hearings. An effective New Hampshire criminal defense attorney may be able to help avoid them by providing accurate information in favor of your release. Bail is not won by legalistic arguments, but by your attorney presenting accurate and verifiable facts about you.

If you already have a prior criminal record, your New Hampshire criminal defense attorney may investigate your record and attempt to answer the following questions about it:

Is there another story behind a dismissed charge? Perhaps it was a false accusation that was later recanted.
Were you granted bail on previous charges, and did you show up for your court appearances?
If you are on probation, your attorney may contact your parole officer and ask for his or her opinion about your trustworthiness.

If you’ve been arrested for a crime, experienced New Hampshire criminal defense attorney Sven Wiberg may be able to help you with your case. Contact him for a free consutation at 603-686-5454 or visit us as www.nhcriminaldefense.com.

Suspect Identification in a Criminal Case

2011-09-01T16:50:24Z

When a crime is committed, both the victim of that crime and law enforcement personnel (that is, the police) have a great interest in an immediate arrest. The general public, too, shares in that interest, but all parties must also balance other concerns. Initially, the suspect’s constitutional rights need be respected. Just as important, the procedure that identifies the suspect must get “the right guy.” As an experienced New Hampshire criminal attorney confirms, police procedures may not always do that.

In the attempt to identify who committed the crime, police may employ what is referred to as a “show-up.” If a suspect is detained by police near where the crime was allegedly committed, either the alleged victim or an eyewitness may be brought to where the suspect is being held. More likely than not, this suspect is in handcuffs. The obvious question asked by the police is, “Is this the perpetrator?”

Too often, as a New Hampshire criminal attorney explains, that answer by the victim or witness may not be based upon a complete memory of the actual facts; instead, it may be more based on the circumstances. An individual in police custody, with his hands bound behind him, appears guilty by any objective analysis of human nature. A quick identification results in an immediate arrest, and the police need not look further for a suspect.

Other means of suspect identification include the photo array and the line-up.

Photo array identification may occur either through the witness examining a book of arrest photographs or by the police displaying a series of individual photographs in a manner much like a physical line-up. Typically, line-ups include five or six individuals. The witness may view the suspects in almost all cases without being seen by those individuals in the line-up.

Additionally, constitutional issues arise in suspect identification. The 6^th Amendment right to counsel may require the presence of a New Hampshire criminal attorney at any pre-trial identification proceeding, and the Due Process rights of the 5^th and 14^Th Amendments may prohibit certain police procedures that unduly suggest a suspect is the actual perpetrator.

If you or a loved one has been arrested for a crime, experienced New Hampshire criminal lawyer Sven Wiberg may be able to help. Contact the office for a free consultation at 603-686-5454 or www.nhcriminaldefense.com.