New Hampshire Attorneys Mcgrath Law Firm Concord NH

Efficiency, Excellence of Work Product, Zealous Representation

Practice Areas

Personal Injury
Medical Malpractice
Complex Litigation
Civil Litigation
Real Estate Law
Business Law


Featured Posts

New Hampshire fights against Human Trafficking, Passes Safe-Harbor Law

By

This past Spring New Hampshire passed the safe-harbor law which protects underage minors from prosecution for such crimes as prostitution if the come forward to help. Several citizens feel like this is a great first step to fighting against human trafficking especially right here in the United States.
Human trafficking is something that has been in the news as of late with the kidnapping of nearly 300 Nigerian schoolgirls last month that came with a promise from a terrorist leader that the girls would be in fact sold into sex slavery. This has captured the attention of the public and shed some light on the ever-growing problem of human trafficking.

Another recent case that of Jasmine Marino, who was only 19, fell into victim when she fell in love with a man whom she thought was her boyfriend. Instead she instantly fell into a sex trafficking network that cause her to be trafficked through much of the New England states.  She said that she was afraid to come forward for fear of getting in trouble herself. Laws like the safe-harbor law are going to be key in helping victims like Jasmine come forward without the fear of jail time.

If you need legal help or advice call the experienced lawyers over at McGrath Family Law today. If you need help with legal advice in New Hampshire, Peter McGrath will take care of you.

New Hampshire may pass Law against Pro-Life Free Speech

By

The House Representatives of New Hampshire voted (162-100) this past week to possibly institute 25ft buffer zones around New Hampshire abortion clinics.
Of course this ruling has come with various opposition pointing out that this is a huge violation of the free speech amendment. The bill will require an additional vote in the state Senate before officially being passed.

Under the United States First Amendment, no business shall restrict American citizens the right to publicly protest on American sidewalks or any other form of public property in which taxpayer money pays for. The NH House went on to say that there is increasing political animosity in America against pro-lifers and that in some places; prosecution of pro-lifers has already begun.

The Senate has yet to pass the amended bill. Stay tuned for more information about this bill and how it may affect New Hampshire Law moving forward.

If you need legal help or advice call the experienced NH lawyers over at McGrath Family Law. Peter McGrath is an experienced attorney in the state of New Hampshire, call today for more information on how we can help you with your case or claim.

 

 

New Hampshire may pass Law against Pro-Life Free Speech

By

The House Representatives of New Hampshire voted (162-100) this past week to possibly institute 25ft buffer zones around New Hampshire abortion clinics.
Of course this ruling has come with various opposition pointing out that this is a huge violation of the free speech amendment. The bill will require an additional vote in the state Senate before officially being passed.

Under the United States First Amendment, no business shall restrict American citizens the right to publicly protest on American sidewalks or any other form of public property in which taxpayer money pays for. The NH House went on to say that there is increasing political animosity in America against pro-lifers and that in some places; prosecution of pro-lifers has already begun.

The Senate has yet to pass the amended bill. Stay tuned for more information about this bill and how it may affect New Hampshire Law moving forward.

If you need legal help or advice call the experienced NH lawyers over at McGrath Family Law. Peter McGrath is an experienced attorney in the state of New Hampshire, call today for more information on how we can help you with your case or claim.

 

 

New Hampshire Gas Tax Increase Signed into Law

By

The tax on gas and diesel fuel in the state of New Hampshire will increase by four cents starting July 1. The decision was made when Gov. Maggie Hassan signed off on a transportation-funding bill back on May 21 2014.
The tax increase is expected to raise an additional $30 million annually for infrastructure improvements.  These improvements will include such things as resurfacing and reconstruction of New Hampshire highways and interstates, including secondary roads and bridges.

The widening of Interstate 93 is one of the states top priorities with this new bill. Interstate 93 is a major trucking route for bringing goods and services into New Hampshire. It’s one of the economic lifelines in the state.

This is our first gas tax increase since 1991 and New Hampshire still boasts to lowest tax cost of the New England States. The Governor also assures that the increase is essential for the success of New Hampshire’s citizens and businesses.

If you need legal council in the state of New Hampshire don’t hesitate to give Peter McGrath and the experienced lawyers over at McGrath Family Law a call today!

New Hampshire Court allows “COPSLIE” License Plate

By

Vanity plates are a way to show your personality on the road, but one New Hampshire gentleman may be taking it too far.
David Montenegro went to the Department of Motor Vehicles seeking a vanity plate reading “COPSLIE.” In a report by the New York Daily News, Montenegro states he wanted the wording to protest “government corruption.”

As far as the state of New Hampshire goes, vanity plates that a reasonable person would find offensive “to good taste” are prohibited. The law is vague, which is how Montenegro was able to bring his case to light.

State workers at the DMV initially denied Montenegro’s phrasing for the vanity plate. The New Hampshire Civil Liberties Union however claimed the New Hampshire law’s phrasing about the matter is “unconstitutionally vague” – and it gives the state workers too much of an opinion in the matter, since it’s up to them to decide if it’s “offensive to good taste.”

The matter of good taste is where the issue lies. What actually determines good taste? What would a reasonable person say is good taste, or what is offensive?

In the end, the Supreme Court (in a unanimous decision) decided the COPSLIE vanity plate was not against the law. They said that “state law does not define the phrase ‘offensive to good taste.’”

The court also wrote in its decision that the New Hampshire law also violates free speech rights.

NH Governor Looks to OK Cellphone Ban While Driving

By

Texting, emailing, Googling, calling – New Hampshire residents do these things all the time, and sometimes behind the wheel. But, that looks likely to change with a signature from the Governor.
The New Hampshire Union Leader reports that Governor Maggie Hassan is likely to sign a bill that would ban the hand-held use of cellphones (or other electronic devices) while driving.

States like New Jersey, Maryland, Delaware and Connecticut have already banned hand-held cell phones behind the wheel.

New Hampshire drivers would be allowed to “use hands-free speaker phone, BlueTooth or on-board car phones.” But, under the bill young drivers will have a stricter set of laws.

Those drivers under the age of 18 won’t be allowed to use any device for any circumstance. The only exception? A 911 call. Delaware, Connecticut, Massachusetts, New Jersey, and Rhode Island also enforce stricter cell phone bans for young drivers. In total, 37 states already ban all cell phone use for new drivers.

The stats

Nationally, 3,360 deaths were the result of distracted driving in 2011. Between 2010 and 2013, distracted driving caused 124 deaths in the state of New Hampshire.

Currently, New Hampshire does have a ban on texting while driving. Even though the ban exists, it’s not enforced at the rate of offense.

But, don’t expect any changes in the immediate future. Because it takes time to educate drivers, the ban on hand-held devices wouldn’t be in effect until July of next year.

The Union Leader also points out that over the last three years, distracted driving is a factor in 27% of fatal accidents – and caused 116 deaths. So, it’s no surprise that the bill has a lot of support in the state.

The details:

Goes into effect: July 1, 205

First-time offender: Fine of $100

Second offense: Fine of $250

After 2nd offense: Fine of $500 each time, in effect for 2 years after your 2nd offense

Peter McGrath Represents Widow to Sue Over Husband’s Death

By

This spring, Peter McGrath is representing Jane Kilmister, the widow of Brian Knox, 52, who was killed on site at a job in Newbury back in the summer of 2012.
Knox worked for Guillemette Tree Services of Andover, and was killed when a crane cable brushed a power line, shooting a current through the machine into a nearby wood-chipper. Knox was operating the wood-chipper, and was then taken to Concord Hospital. There he was pronounced dead on arrival, according to the Concord Monitor.

McGrath, speaking in a statement, said that although it was a terrible way to die, the accident could’ve been prevented. Those being sued include Guillemette, along with the state and Public Service of New Hampshire.

The details

The plaintiff contends that each organization failed to take the necessary precautions that could have prevented this fatal accident.  The suit was filed in March in Merrimack County Superior Court, alleging negligence against the Department of Transportation and the Public Service of New Hampshire.

The Concord Monitor reports that in the suit:

  • Guillemette and the DOT are negligent for not properly warning/supervising employees
  • the PSNH is negligent for leaving lines exposed and not installing more circuit breakers, which is a safety device

After the incident in 2012, Knox’s employer was fined $2,800 by the Occupational Health and Safety Administration, due to its failure to maintain a clear 10-foot distance around the power line.

Check back in the coming months to see how this case pans out.

South Carolina Juvenile Justice System

By

If you are a youth in South Carolina it is important to understand how the juvenile justice system works across the state. The South Carolina Department of Juvenile Justice (DJJ) is responsible for the custody of juveniles after they are referred by law enforcement, a Circuit Solicitor, or a school. A juvenile might get put in a detention center, pending a hearing, for committing illegal activity. The Circuit Solicitor for the DJJ has the power to divert a juvenile to a community program or require the juvenile to make restitution for the offense. In addition, a case can proceed with prosecution or get dismissed altogether.

If a Solicitor chooses to prosecute, then the next stage involves a hearing in family court. At McGrath Law Firm we believe that juveniles could benefit from legal representation at this stage in the process. During the hearing, the court decides whether the juvenile is guilty or innocent and the judge generally orders psychological, social, and educational evaluations to be considered in the hearing. The evaluation is intended to help the judge know how to proceed with the case. If a juvenile is found to be delinquent, or guilty, then they may be put on probation or given a fixed amount of time in a holding unit. However, if a youth is given an indeterminate commitment then they will serve until they are twenty-one.

If you have already served time as a youth then you should know that in South Carolina, the public has very limited access to juvenile court records. Your record can be expunged, which means it will be completely destroyed and removed from the records, and from the system. If you do have your record expunged you are not required to report this to a school or potential employers.

A family court in South Carolina can help expunge your juvenile record. In order to qualify for expungement you must be at least eighteen years of age, have a prior adjudication for an offense that would require five years or more in prison if committed as an adult, must not be a violent crime, must have not been charged with any additional crimes, and must have completed full juvenile sentence. In order to file for expungement, an adult can send a petition to the local juvenile court that handled the case.

At McGrath Law Firm we have successfully defended youths who are being convicted of criminal charges. Our team can help you navigate the criminal justice system so that you receive a fair trial for your offenses. In addition it may be helpful to have a lawyer walk you through the expungement process. If you have more questions about the juvenile system or record expungement then you can contact McGrath Law Firm at 843-606-2755.

Things to Know Before Starting a Business

By

You have a great idea. That unique thing that you know people want – nay – need, and you can provide it. For a better price, with better materials, using better processes, or all of the above. But the idea of “starting a business” sends you running for the hills, and browsing social media small business success stories is getting you nowhere.

Where do you even start? Some simple steps you can take without leaving your home:

1. Write a Business Plan. This is a living, breathing document that delineates your business objectives for the next 3-5 years. This document should describe your (future!) company, assess existing market conditions (who are your potential competitors and clients?), identify the structure of your business (will anyone work with and for you?), outline marketing strategies (how will you get the word out?), and most importantly, define your product. Your product, or service, will drive the success of your start-up, and your business plan will help focus your decisions. Your business plan will help ensure that 5 years from now when you are wildly successful, you remember what it is that made you successful.

 2. Choose a Location. Location is arguably the most fundamental decision in a business’ success. Will your business have a physical location, or will it live online?

 If you have a brick-and-mortar business, your location needs be central to your target market. Set up shop wherever your customers spend time. Make sure to cover all the little details like parking and rent. If your customers can’t get to your business, your business won’t have any customers.

If you have an online only business, make sure to budget for some techies. You’ll want to make sure you have a great website, and a team to make sure your customers can find your great website. It’s not as scary as it sounds, and there are plenty of resources out there for you. Just set realistic expectations and know that the mere act of making a website will not make your business an overnight success. Budgeting appropriately will put you one step ahead of the competition.

3. Contact McGrath Law Firm. There are a whole host of other details you need to cover in order to turn your idea into a business, many of which are details you won’t want to handle yourself. Details like loans, legal structure, taxes, business licenses and permits. Let us handle that for you. Here at the McGrath Law Firm, PA, we know what it takes to have success, and we want to be with you from the beginning.  Contact us at the McGrath Law Firm, PA at (843) 606-2755.

Rights for Domestic Violence Survivors in South Carolina

By

Survivors of domestic violence have access to legal rights to protect them from their abusive partner. It is difficult to determine the number of domestic violence survivors, due to a lack of reporting, but the South Carolina Attorney General recognizes that thousands of individuals are impacted by domestic violence each year. Survivors of domestic violence have the right to safety, which can be accessed through Orders of Protection. We have included information about Orders of Protection below to help keep you and your loved ones safe.

If you are thinking about filing for an Order of Protection it is important to know that any member of the household in need of a protection may be included in the order. If a minor is living in the household, a petition can be signed if they are in need of protection from household violence. In order to file an Order of Protection, a survivor or a household member must meet with officials and file proper paperwork. If you are currently experiencing domestic violence, it may be useful to record the time, place, and incident of abuse in order to have specific evidence to give over to an attorney. Once a petition has been filed by a survivor then the abuser will be notified.

Once the abuser has been notified there is a risk that they will attempt to contact the survivor. In that case, an emergency hearing may be held within twenty-four hours in order to protect the safety of both the survivor and their family. In order to secure an emergency hearing, the survivor must show that they are in immediate danger. If you are not filing for an emergency hearing or have been denied then your case will be granted or denied within fifteen days.

An Order of Protection helps to prevent the abuser from coming in contact with the survivor and their family. For example, once an Order of Protection is granted, the abuser is required not to abuse, threaten to abuse, or molest any person protected under the order, communicate with any person protection under the order, or enter the residence, employment, or other designated space of the survivor. If an abuser violates the grounds of the Order of Protection then they may be hit with a misdemeanor or arrested.

An Order of Protection lasts sometime between six months and one year, depending on the specifics filed by the survivor, and if the parties reconcile then the reconciliation must be recognized by an Order of Dismissal. A survivor does have the opportunities to extend or terminate the Order of Protection. If the extension is asked for, then the abuser must attend a hearing within thirty days.

McGrath Law Firm, PA can help survivors who are navigating the criminal justice system and trying to obtain safety from their abuser. The process of obtaining an Order of Protection may sometimes be long and confusing, which is why we are here to walk you through the process and support you along the way. If you have questions or concerns about an Order of Protection or are interested more in learning about the rights of survivors of domestic violence you can contact the McGrath Law Firm, PA at 843-606-2755.