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Your
Rights: How to best enforce them
You
are entitled to a variety of rights, under the
Constitution of the State of New Hampshire, the
Constitution of the United States, and under New
Hampshire statutory, administrative, and case law.
The rights below are important to you and to your
defense.
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The first, and arguably the most important,
right you have is the right to counsel, the
right to be represented by a lawyer.
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You have a right to a speedy and public trial.
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You have a right not to be convicted unless the
State can prove each and every element of the
offense with which you are charged.
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You have the right to confront witnesses against
you in person, as well as the right to
cross-examine those witnesses, by yourself or by
your lawyer.
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You may present evidence on your own behalf and
you may testify on your own behalf, but only if
you choose to do so.
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You cannot be made to furnish evidence against
yourself in the courtroom, and your failure to
take the witness stand cannot be used as
evidence of your guilt.
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You have additional rights to protection from
unreasonable searches and seizures of your
person, your home, your possessions and papers,
and of your automobile.
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If evidence against you has been obtained in
violation of these rights, upon proper motion,
that evidence cannot be used against you.
It is close to impossible for a
non-lawyer to assert these important rights. You may
lose some of your rights by not asserting them soon
enough, as the law creates deadlines that must be
met. Although the earliest of these deadlines occurs
thirty days after your arrest, if you do not contact
a lawyer within ten days you may lose certain legal
advantages. Everyone should contact a lawyer as soon
as possible after a DWI arrest. Contrary to popular
belief, many people are found not guilty of DWI. In
addition, many other people benefit greatly from
either a negotiated reduction of the initial charge
or by receiving a significantly lesser punishment
than they might expect if not represented by
counsel. With the severe penalties and other
consequences of DWI conviction or ALS suspension may
have on your life, it is certainly prudent that you
at least contact an experienced DWI lawyer to advise
you if and how you may benefit from hiring an
attorney.
At
Struckhoff Law Office, the initial
consultation and evaluation of your New Hampshire
DWI/DUI cases is free, and it has always been our
policy to evaluate and assess your case honestly and
let you then make the decision whether to hire us.
Please do not delay; I cannot emphasize too strongly
how delay can only hurt your chances. At Struckhoff
Law Office, your initial consultation about your NH
DWI/DUI arrest is always free.
To arrange for a free consultation.
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It is close to impossible for a
non-lawyer to assert these important rights. You may
lose some of your rights by not asserting them soon
enough, as the law creates deadlines that must be met.
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