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Wednesday, September 20, 2017

Bad Science and Sexual Assault Allegations


by Jaye L. Rancourt 

Few criminal allegations create stronger emotions or more derisive divisions than allegations of sexual assault.


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Sunday, November 6, 2016

Mike Iacopino Lectures On The New Wave of Child Pornography Prosecutions


Mike Iacopino Lectures on Child Pornography Laws

 

              Did you know that law enforcement agencies have the ability to create and distribute malware that can surreptitiously search your home computer and send information to government computers? Did you know that law enforcement agencies can actually seize web sites and distribute malware that can surreptitiously search your home computer and send information to government computers? Did you know that law enforcement agencies can actually seize web sites and distribute child pornography?


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Friday, August 5, 2016

Mike Iacopino Co-Chairs National Seminar on Governmental and Prosecutorial Misconduct

There is an epidemic of Brady violations abroad in the land."

Hon. Alexander Kozinski 

In dissent United States v. Olsen (2013)


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Thursday, June 23, 2016

RELIEF FOR SEX OFFENDERS RETROACTIVELY ON THE NEW HAMPSHIRE SEX OFFENDER REGISTRY


Effective June 6, 2016, in New Hampshire, Tier 2 and Tier 3 sex offenders who were convicted before 1992 have a clear process by which they can seek to be relieved of sex offender registration requirements.

 

NH SENATE BILL 468

On June 6, 2016 Governor Hassan signed


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Monday, November 23, 2015

THE LIMITED PRIVILEGE DRIVER LICENSE

A HARDSHIP LICENSE: 
COMING SOON TO NEW HAMPSHIRE

  One of the most common questions asked about DWI convictions in New Hampshire is: Can I get a work license that will allow me to drive to work? For years the answer to the question was simple: No.

That answer will change on January 1, 2016. 

Starting on January 1, 2016, NHRSA 263:57-b will provide for the restoration of a driver’s license with limited privileges. Although the New Hampshire version of a hardship license comes with significant restrictions it should be helpful to some NH residents who need to drive for work, to work, or for other important reasons. One big drawback is that the hardship license is not effective until your license has been revoked or suspended for a period of 45 days either under the court order of conviction or the administrative license suspension law.

In order to qualify for the new hardship license a person must first be convicted of a first offense DWI that does not involve a commercial vehicle. Although not explicit in the statute it appears that a limited privilege license will be available to convicted drivers who also have lost their driving privilege under the Administrative License Suspension law. See RSA 263:57-b, III.

The steps to obtain a hardship license:

1. You must file a petition for a limited privilege license in the court of conviction.

2.  You must submit proof of financial responsibility from your insurance carrier. (This is called an SR-22 certificate in New Hampshire.)

3.  You must provide satisfactory proof from your employer, program, medical treatment facility, state-approved educational facility or other destination of at least one of the following:

        (a) That you must operate a motor vehicle as a requisite of your occupation or employment. 

        (b) That you must operate a motor vehicle to seek employment or to get to and from a place of employment. 

        (c) That you must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program. 

        (d) That you or a member of your immediate family requires medical treatment on a regular basis and that you must operate a motor vehicle in order that the treatment may be obtained. 

        (e) That you must operate a motor vehicle to continue your education. 

        (f) That you must operate a motor vehicle to attend job training.

Under this new law a hardship license will be limited to certain times, places and days as determined by the court to be necessary for you to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program, to continue your education, to attend job training, or to obtain required medical treatment for yourself or a member of your immediate family. 

The limited privilege license will state specific times, places and days when you are allowed to drive. 

A hardship license limits your ability to drive to vehicles that are equipped with an ignition interlock device!

Finally when driving on a limited privilege license you must have a copy of the court order in your vehicle and you must provide a copy to your local police department.

Getting a hardship license in New Hampshire will not be an easy feat.  A skilled criminal defense lawyer can help you through the process. Our lawyers at Brennan Lenehan have been defending people accused of DWI for more than 30 years. We provide experience when you need it most. 

 

PREPARED • PROFESSIONAL • PERSUASIVE

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The receipt or viewing of this information is not intended to create an attorney-client relationship.

Wednesday, August 19, 2015

Gary S. Lenehan: Best Lawyers' 2016 Manchester Criminal Defense: White-Collar "Lawyer of the Year!"

The accolades continue to roll in for Brennan Lenehan lawyers. Once again Gary Lenehan , of counsel, to our firm has been named to the ranks of The Best Lawyers in America! Best Lawyers have also named Gary as  the  Manchester Criminal Defense: White Collar "Lawyer of the Year!" Congratulations Gary!

Gary's recognition is the result of his years of experience and hard work defending people who have been accused by the government. All of us here at Brennan Lenehan share Gary's work ethic and fight every day for the rights of our clients.

If you need a lawyer who is prepared, professional and persuasive call Brennan Lenehan!


Monday, August 17, 2015

Brennan Lenehan Partners Named Best Lawyers

We would like to congratulate our Partners, Kathleen HickeyWilliam Quinn and Michael Iacopino for being named best lawyers!

Attorney Quinn has been named as one of the 10 Best in New Hampshire for 2015 by the American Institute of Family Law Attorneys,  

Attorney Hickey has been elected for inclusion in the The Best Lawyers in America in the area of Family Law,

Attorney Iacopino has been elected for inclusion in the 22nd Edition of The Best Lawyers in America in the area of Criminal Defense: Non-White Collar.


Saturday, March 28, 2015

IACOPINO LEADS CRIMINAL DEFENSE BAR IN OPPOSITION TO FELONIES FIRST PROPOSAL

 

The requirement of a probable cause hearing . . .  protects 100 percent of felony arrestees 100 percent of the time. Felonies First eliminates that protection and diminishes justice.

 

For centuries people accused of felony crimes in New Hampshire have had an automatic right to a probable cause hearing. The burden of proof at probable cause hearings, although not a high one, is on the prosecution. A bill pending before the legislature effectively eliminates that automatic right and turns the burden of proof on its head.

Brennan Lenehan’s president, Mike Iacopino, has led the state’s criminal defense bar in opposition to the “Felonies First” proposal. The proposal, authored by Hon. Tina Nadeau, Chief Justice of the New Hampshire Superior Court and backed by most of the judicial hierarchy, effectively eliminates the right of an accused citizen to have an adversarial probable cause hearing after arrest. Iacopino has testified before the legislature and authored an Op-Ed opposing the measure.

Under the “Felonies First” proposal a person accused of a felony must “challenge probable cause” by asserting “a claim that a material element of the charge is without factual basis or that the charge is legally insufficient to constitute a felony offense.” Iacopino’s Op-Ed describes how this proposal eliminates dues process. Iacopino explains:

Such burden-shifting is incongruent with the notion that the state should bear the burden of proof in criminal proceedings. Requiring an accused person to allege the absence of a factual basis is also inconsistent with the right to remain silent as guaranteed under both state and federal constitutions. Moreover, even if the accused chooses to forgo his right to remain silent at this early stage of the proceeding, the court is not required to provide a hearing. SB 124 requires only that the court “determine whether a hearing is necessary to assist the court in its determination of probable cause.” Despite claims to the contrary, SB 124 does not mandate a probable cause hearing upon request of the accused. SB 124 relegates the important historical constitutional protections afforded by probable cause hearings to a matter of convenience for a judge.

Mike will continue to fight to protect due process rights for all of New Hampshire’s citizens. You can help by urging your state representative to say NO to SB 124. Tell them that Felonies First puts due process last.

 

Op-Ed: https://www.nhbar.org/publications/display-news-issue.asp?id=7784

 


Thursday, February 12, 2015

NEW HAMPSHIRE SUPREME COURT: SEX OFFENDER REGISTRY IS PUNITIVE AND UNFAIR

BRENNAN LENEHAN LAWYERS CONTRIBUTE TO THE EFFORT TO MAKE THE SEX OFFENDER REGISTRY FAIR 

Today the New Hampshire Supreme Court decided that certain aspects of the NH Sex Offender Registry violate the constitutional prohibition against retrospective and ex post facto laws. In other words lifetime sex offender reigistration  is an unfair punishment for some former sex offenders convicted before the registry laws were enacted. Brennan Lenehan lawyers, Mike Iacopino, Iryna Dore and Jenna Bergeron filed a "friend of the court" brief for the New Hampshire Association of Criminal Defense Lawyers in support of a fairer sex offender registry. The Court agreed with the arguments contained in the Brennan Lenehan brief.  The case is John Doe v. State of New Hampshire, Docket No. 2013-496. You can read the Court's decision here:

http://www.courts.state.nh.us/supreme/opinions/2015/2015012doe.pdf 

If you or a loved one is a Tier 3 former sex offender who was convicted many years ago you may be able to obtain relief from sex offender registration requirements. Contact us at Brennan Lenehan to learn if you may be entitled to relief under this new case.


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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The receipt or viewing of this information is not intended to create an attorney-client relationship.