New Hampshire Criminal Defense Attorney Patrick E. Donovan of
Law Office of Patrick E. Donovan, PLLC

Frequently Asked Questions

The following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every criminal defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Salem, New Hampshire criminal defense lawyer Patrick E. Donovan of Law Office of Patrick E. Donovan, PLLC, you can receive a personal consultation regarding your specific criminal defense case.

Can police officers use force to arrest me?

A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances.

If you believe the police violated procedures when arresting you, call Salem, New Hampshire criminal defense lawyer Patrick E. Donovan of Law Office of Patrick E. Donovan, PLLC to defend your legal rights in court.

Will I be fingerprinted or have to be in a line-up?

If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time.

What is bail?

Bail is money or other property that is deposited with the court in order to ensure that the person accused returns to court when he or she is required to do so. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.

Why is it important to have an attorney if I want to negotiate a plea in my case instead of going to trial?

Plea negotiation can be very tricky, and a defendant may end up plea bargaining him or herself to a harsher punishment than what he or she actually deserves. This is why it is very important to have a criminal law lawyer representing you if you plan to negotiate a plea. A criminal attorney considers many factors in deciding whether to recommend a plea bargain for a client and what strategies to engage if a plea bargain is the best choice for the client's situation. Factors a criminal lawyer considers include:

• The strength of the evidence the prosecutor may present at trial; and
• The potential penalties that the defendant could be subjected to if the case went to trial and lost.

Don't take a chance on bargaining away your rights when you have been charged with a crime. Call Salem, New Hampshire criminal defense Attorney Patrick E. Donovan of Law Office of Patrick E. Donovan, PLLC today for experience and legal advice you can trust.

When are the police required to "read me my rights?"

In television and movies, we are all used to seeing the police "read a suspect their rights" as soon as they are arrested. This list of rights is known as a defendant's "Miranda rights," which are as follows:

• You have the Constitutional right to remain silent;
• Anything you say can be held against you in the court of law;
• You have the right to legal counsel and that if you cannot afford a lawyer, one will be appointed for you; and
• If you choose, you may have a lawyer present during interrogation.
• The police are required to tell a suspect this list of rights when they plan to conduct a custodial interrogation. A custodial interrogation means that:
• The suspect is in police custody - he or she has been arrested and is not allowed to leave and go home, and
• The police or other law enforcement personnel are interrogating the suspect - they are asking him or her questions.

Even if you are not in circumstances that require police to "read you your rights," you still have your rights and you can still exercise your rights. When you are arrested, or even if police simply suspect you of a crime, it is important to exercise your "right to remain silent" and contact Salem, New Hampshire criminal defense Attorney Patrick E. Donovan of Law Office of Patrick E. Donovan, PLLC to represent you before talking to the police about your case.

What is a felony?

Felonies are considered the most serious types of crimes, and each state has different punishments for these offenses. A standard definition of a felony is any crime punishable by more than one year in prison or by death for capital offenses like first - degree murder. Unlike misdemeanors, defendants convicted of felonies serve their sentences in a state or federal prison rather than a local, city or county jail. Additional criminal procedures apply with felonies, and the right to a court - appointed lawyer if the defendant can't afford one is one of the rights guaranteed in felony cases. Also, whether or not the defendant has to appear in court for various parts of the criminal justice process also depends on whether or not he or she is being charged with a felony.

A person convicted of a felony will usually have more restrictions on their rights (collateral consequences) than a person convicted of a misdemeanor. For example, in many jurisdictions, convicted felons cannot serve on juries. They may also lose their right to vote or to practice certain professions, such as lawyer or teacher. Felons may also be prohibited from owning guns or serving in the military, and they may also have to register as an offender (e.g., sex offender, narcotics offender).

Take Action to Protect Your Rights:

If you or a loved one has been arrested and charged with a crime in New Hampshire and needs the help of an experienced criminal defense lawyer, call Patrick E. Donovan of Law Office of Patrick E. Donovan, PLLC, today at 1-866-723-0626, or complete the contact form provided on this site to begin your free consultation.