Recent Developments in New Hampshire Law

July 25, 2017 By Marianna Barbowski

Recent Developments in New Hampshire Law

Developments include Full-Day Public Kindergarten; Decriminalization of Marijuana; and More

There have been some recent developments in New Hampshire laws. As you may have read in the news recently, Governor Chris Sununu signed 38 bills into laws. We have taken a look at some of them and below is an example of some of the changes coming New Hampshire’s way!

Funding Full-Day Public Kindergarten

On July 12, 2017, Governor Chris Sununu signed into law Senate Bill 191 to fund full-day public kindergarten throughout the state by taxing Keno lottery games in New Hampshire. Governor Sununu has made expanding public kindergarten programs a signature policy focus in his first term. The governor was given a political boost when the bill cleared both the House and Senate with wide margins in a bi-partisan vote in June.

Governor Sununu previously praised the legislation. “The investments made today will give New Hampshire children a strong foundation for tomorrow’s future. Full-day kindergarten is good for children and families, and a critical tool in retaining our future workforce.” However, this law is not a requirement for any town to adopt full-day public kindergarten programs.

About 70% of the school districts in the state have already instituted a full-day program, paying for the second half of the day with local property taxes. The state had been offering districts a grant of $1,800 per student for kindergarten enrollment, which assumed a half-day program. The new law will now provide for another $1,100 per kindergarten student each year from state Keno lottery game revenue.

As Keno revenue rises, the state grant would increase up to $1,800 per kindergarten student for a total from all grant sources of $3,600 which is the ‘adequacy grant’ currently received by districts for students from first-grade through high school.

Decriminalizing Small Amounts of Marijuana

On July 18, 2017, Governor Sununu signed House Bill 640 downgrading possession of up to 3/4^th of an ounce of marijuana or 5 grams of hashish to a civil violation instead of a criminal misdemeanor as it would previously have been charged. This law is set to take effect on September 18, 2017, making New Hampshire the 22^nd state to eliminate the possibility of jail for individuals convicted of simple possession. The legislative measure, referred to as “common sense marijuana reform” by Governor Sununu, passed both the House and Senate with strong bipartisan support.

New Hampshire is the last New England state to reduce marijuana possession to a civil offense. Although decriminalization has been considered in the past, this was the first time the Senate took up a bill passed by the House. Matt Simon, New England policy director with the Marijuana Policy Project, stated “there is no good reason to continue arresting and prosecuting people for marijuana possession.”

When the law takes effect, any person 18 years or older found to be in possession of 3/4^th of an ounce or less of marijuana or 5 grams or less of hashish would be subject to liability for a civil violation, punishable by a $100 fine for the 1^st or 2^nd offense, instead of a criminal misdemeanor with a fine of up to $2,000. Any subsequent infraction within a 3-year period would be punishable by a fine of up to $300. A 4^th offense would result in a Class B misdemeanor charge.

Any person less than 18 years old found to be in possession of the threshold amounts or less would be subject to a delinquency petition.

All money collected from the law’s fines will be deposited in the state’s fund for services to combat alcohol and substance abuse.

Establishing a State-Wide Needle Exchange Program

On June 16, 2017, Governor Sununu signed into law Senate Bill 234 creating a needle exchange program throughout the state and decriminalizing trace amounts of drugs left in dirty needles. The passage of this law brings New Hampshire in line with the rest of the New England states which have already implemented exchange programs.

Allowing users to safely dispose of needles without the fear of prosecution is the best way to make sure needles aren’t discarded in public places.

Without a readily available supply of clean syringes, drug users will become desperate, resorting to using needles found on the side of the road, trying to fish dirty needles out of medical disposal boxes, or using the same needle again and again until the metal tip breaks off. Needles, clean and used, are often sold on the street for anywhere from $1 to $20 a piece.

Governor Sununu commended the legislative measure. “The drug crisis is the most serious public health and safety issue facing New Hampshire and it remains critical that we continue supporting investments and resources in law enforcement, but also in prevention, treatment, and recovery programs … There is no doubt that this bill will save lives.”

Expanding Conditions Qualifying for Therapeutic Use of Cannabis

On June 16, 2017, Governor Sununu signed two bills expanding the list of qualified medical conditions eligible for the therapeutic use of cannabis, otherwise known as medical marijuana. House Bill 157 adds chronic pain as one of the qualifying conditions, while Senate Bill 17 removes the requirement that individuals with Hepatitis C be receiving anti-viral treatments in order to qualify for medical marijuana.

Other qualifying medical conditions include: cancer, glaucoma, HIV, AIDS, muscular dystrophy, Crohn’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury/disease, traumatic brain injury, epilepsy, lupus, Parkinson’s disease, Alzheimer’s disease, and ulcerative colitis.

Heightened Requirements for Background Checks in Adoptions and Foster Family Licensing

On June 16, 2017, Governor Sununu signed into law House Bill 355 expanding the background check requirements associated with adoptions as well as the initial home licensing process for foster family applicants.

Previously, only prospective adoptive parents or prospective foster parents were subject to a finger-print based criminal record check of national crime information databases in addition to the central registry check of all adults living in the home. Developments now provide all adults living in the home will be subject to a finger-print based criminal record check and a central registry check as part of the adoption or foster family licensing process.

The criminal record check consists of submitting finger prints to the State Police for forwarding to the Federal Bureau of Investigation (FBI). The central registry check consists of checking the state’s central registry of founded reports of child abuse and neglect as well as checking the child abuse and neglect registries in any other state in which an adult living in the home has resided in the past 5 years.

Contact Us!

The seasoned attorneys at the McGrath Law Firm, founded by former federal prosecutor, Peter McGrath, will walk you through every step of the challenging process to address your concerns and achieve your goals as efficiently as possible. From personal injury, criminal law and estate planning, family law, including, but not limited to, spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of law. Call us to schedule your consultation at (603) 224-7111.

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DUI and DWI tips

June 2, 2017 By Marianna Barbowski

DUI and DWI

It is well known by now that legendary golfer Tiger Woods was arrested and charged with DUI (driving under the influence) this past Monday. Mr. Woods fully cooperated with the police and has represented to the public that a mix of prescription pills, and not alcohol, were the contributing factors. This leaves many wondering where does Tiger Woods go from here? As a public figure, he not only has to answer for his crime, but he has to perform damage control with respect to his reputation.

In New Hampshire, as in many other states, the standard now is “impairment to any degree.” You don’t have to be intoxicated by alcohol or under the influence of illicit drugs. As in Tiger’s case you can be impaired by an adverse reaction to prescription medications. In some instances you can even be “impaired” from an illness if it affects you balance, vision, dexterity or ability to reason and the ability to operate a vehicle safely.

Tips

So what do you do if you are stopped for a suspected of DUI or DWI? Produce your license and registration. Be polite and respectful to the officer. If you are not impaired or under the influence of anything then submit to a breathalyzer or blood test. These tests render a result that is definitive.

Often times in these situation what you do not do is even more important than what you do. For instance, don’t volunteer information. Remember you have the right to remain silent, exercise it. Don’t agree to perform Field Sobriety Tests. These are not definitive tests, they have no hard results, but rather are based entirely on what the officer claims his observations were. If you know you are impaired don’t submit to any testing. It could mean the difference between a regular DWI or a more serious charge of Aggravated DWI and potential jail time. The less evidence you give them against yourself the better.

Why hire an attorney for a first offense and not just plead guilty? A conviction for DWI has a lot of collateral consequences attached to it that can and will affect you for years to come and cost you a lot of money. Screenings, evaluations, classes, insurance costs, all at your own expense, a probationary license, and possible incarceration. All of that can possibly be avoided by just saying, “I want my attorney.” McGrath Law Firm can certainly help you and we will fight for your rights!

Contact us!

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, former federal prosecutor, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible. From criminal defense, civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of criminal law. Call us to schedule your consultation at (603) 224-7111.

Mental Health Issues and Divorce in New Hampshire

November 26, 2016 By Marianna Barbowski

In an age of no-fault divorce, you don’t need reasons (grounds) to choose to divorce. You’re not required to prove that the person you’re divorcing did something that caused the end of your marriage. Many states, including New Hampshire, however, still allow fault-based divorces, where one or both spouses need to prove that the other is to blame for the failure of the marriage. Grounds for divorce can include adultery, extreme physical or mental cruelty, desertion, and substance abuse.

Mental health problems in either spouse or in both can place huge pressures on a marriage. When a mentally ill or “insane” spouse is involved in a divorce, New Hampshire law allows a court to appoint a guardian to represent the person’s interests. However, the person’s mental condition cannot be used as a way to delay or prevent the divorce process.

In many states, insanity and severe mental illness are accepted as grounds for divorce. While a spouse’s mental instability can support grounds of extreme cruelty in a fault divorce, in New Hampshire, severe mental illness (such as schizophrenia) is not considered grounds for divorce.

Mental health problems do, however, figure in a New Hampshire court’s consideration of child custody and visitation. If a court concludes that a parent’s mental illness is so severe that it would endanger the child to be alone with the parent, it can order supervised visitation, that is, contact only in the presence of a third party. When a parent’s mental illness is very severe and ongoing, a court can determine that the parent is unfit, and can terminate parental rights, but only if it’s proven necessary beyond a reasonable doubt.

Mental illness can also affect alimony (spousal support) and the division of property. The needs of the mentally ill spouse who is unable to be employed may be a reason to award a greater amount of alimony to that spouse.

According to Lisa Sandford, writing in the New Hampshire Bar’s Bar News, “Dealing with the complicated issues surrounding a divorce or child custody case is difficult for any litigant. But those who suffer from mental illness – in any form and to any degree – face the added challenge of overcoming the stigma attached to their illness so they can get a fair day in court.”

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.

Grandparent Visitation and New Hampshire Divorce Law

October 10, 2016 By Marianna Barbowski

In some divorces, amidst all the family pain and disruption, one or both spouses may decide to prevent grandparents from seeing their grandchildren, no matter how the children or the grandparents feel about the interrupted relationships. The American Grandparents Association^TM (AGA), founded by grandparents.com, quoted Richard Kent, author of Solomon’s Choice: A Guide to Custody for Ex-Husbands, Spurned Partners, & Forgotten Grandparents: “The state of grandparents’ rights is terrible. … Even if they had what most people would consider a classic grandparent-grandchild relationship and, let’s say, saw their grandchild every Sunday afternoon … they are treated no differently than strangers.”

Grandparents’ visitation rights have long been a murky area of the law, rarely recognized as deserving of legal protection. Although grandparents’ rights are not considered to be constitutional, in recent years state legislatures have passed statutes that allow court-mandated visitation for grandparents. Courts in every jurisdiction must consider the best interests of the child when granting custody or visitation rights to a grandparent.

Grandparent visitation rights vary from state to state, and New Hampshire is considered to be one of the more restrictive states. In NH, natural and adoptive grandparents can petition the court for “reasonable” visitation with a grandchild when that grandchild’s parents are unmarried, divorced or separated, or when one parent is deceased or has given up or lost parental rights.

Grandparents can petition a court for visitation rights when a child lacks a nuclear family as long as their access to the child hadn’t been restricted earlier. If the parent of the minor child is unwed, then any grandparent filing a petition for visitation must attach proof of legitimation by the parent or establishment of paternity to the petition for visitation. When the grandchild lives in an intact “nuclear” family, and both parents deny access to the child, the grandparents do not have standing to file for visitation.

In New Hampshire, grandparents may sometimes enjoy rights to visitation even over the objection of the parents. Earlier this year, AP reported (Concord Monitor) that the New Hampshire Supreme Court ruled that a couple who sought visitation rights with their grandchildren four years after their son-in-law had died had the right to petition for visitation rights. A lower court had agreed with their daughter’s argument that they had no standing to petition, and the Supreme Court reversed that decision.

“As the number of grandparents serving as the primary caregivers for grandchildren continues to rise, it is likely that New Hampshire will see an increase in grandparent visitation issues in the years to come,” wrote Amy Goodridge in the New Hampshire Bar Association’s Bar News.