In 1838 Charles Dickens wrote Oliver Twist, in which Mr. Dickens dealt with, among many other things, the bizarre English law of coverture, under which husbands were lawfully responsible for any acts committed by their wives. In that literary classic, Dickens' character Mr. Bumble is informed that the law supposes that his wife acted under his direction if she committed any legal wrongdoing. Mr. Bumble's famous retort went like this:
"If the law supposes that ...the law is a ass-a idiot. If that's the eye of the law, the law is a bachelor ..."
While the old English law of coverture that astonished Mr. Bumble has fortunately passed away, today's blog post involves an odd law that many unsuspecting New Hampshire citizens find themselves victimized by. It is RSA 318-B:14, Authorized Possession of Controlled Drugs by Individuals. Most readers may say to themselves, "I don't need to worry about the drug laws, I only take drugs when lawfully prescribed by a doctor". Logic would say so. But in New Hampshire if you take your lawfully prescribed controlled drugs out of the original prescription container and put them in your pocket or any other container, except for a couple of unusually cumbersome exceptions, you can be prosecuted for illegal possession of a controlled drug. That's right, illegally possessing your own medications that have been legally presrcibed to you by a doctor. And if your presrcriptions are for controlled drugs, this simple possessory offense is a felony. So, if you get convicted of this you face prison, losing your right to possess a gun to defend your life and property, your right to vote, and probably to ever get any sort of decent job again. I have posted below the language of this law. What would Mr. Bumble say?
New Hampshire Drug Laws
CHAPTER 318-B: Controlled Drug Act
RSA 318-B:14 (2008)
318-B:14 Authorized Possession of Controlled Drugs by Individuals.
I. An individual to whom or for whose use any controlled drug has been prescribed, sold, or dispensed by a practitioner or pharmacist, or other person authorized under the provisions of RSA 318-B:5 or 8, and the owner of any animal for which any such drug has been prescribed, sold or dispensed by a veterinarian, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same.
II. Notwithstanding the provisions of paragraph I, a person may lawfully possess a controlled drug other than in the container in which it was delivered to him by the person selling or dispensing the same, under the following conditions:
(a) A person may possess one or more types of controlled drugs in a container which has been properly labelled by the person authorized to sell or dispense the same. The label shall show the name, address, and registry number of the pharmacy and the name of the patient for whom the drug has been prescribed. For each drug, the prescription identification number and the name and strength of the drug dispensed shall appear on the label. Each drug may only be possessed in a quantity not more than that originally dispensed.
(b) A person may possess a controlled drug other than in the original container if that person has in his possession an identification card issued by the person authorized to sell or dispense the controlled drug. The identification card shall contain the same information as required by subparagraph II (a). Each drug may only be possessed in a quantity not more than that legally dispensed.
(c) A person may possess a controlled drug other than in the original container if the non-original container is a medication organizer designed to aid the person in carrying out the prescriber's directions and the non-original container was organized by a nurse licensed under RSA 326-B who is an employee of a home health care or hospice agency licensed pursuant to RSA 151:2, and who is acting in the course of employment, provided the original prescription containers remain in the person's possession.
New Hampshire Lawyer Mark Stevens
LAW OFFICES OF MARK STEVENS
5 Manor Parkway
Salem, NH 03079
Tel 603-893-0074
http://www.ByeByeDWI.com
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http://www.ByeByeDUI.com
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Saturday, February 28, 2009
Wednesday, February 11, 2009
New Hampshire's Shoplifting and Willful Concealment Law by New Hampshire Lawyer Mark Stevens 603-893-0074
Hello everyone,
Today's topic is off the beaten DWI path, but it is important due to the rise in instances of shoplifting allegations that flow in part from a worsening economy. More and more accusations of shoplifting and "willful concealment", which involves concealing merchandise or goods while on the premises of a store, are being lodged against people in New Hampshire than usual. Below you will find the text of New Hampshire's shoplifting law, which defines both the crimes of willful concealment and shoplifting under New Hampshire's law, RSA 644:17. Here is the law:
CHAPTER 644 Breaches of the Peace and Related Offenses
RSA 644:17 (2008)
644:17 Willful Concealment and Shoplifting.
I. A person is guilty of willful concealment if, without authority, he willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment.
II. A person is guilty of shoplifting if, with the purpose of depriving a merchant of goods or merchandise, he knowingly:
(a) Removes goods or merchandise from the premises of a merchant; or
(b) Alters, transfers, or removes any price marking affixed to goods or merchandise; or
(c) Causes the cash register or other sales recording device to reflect less than the merchant's stated or advertised price for the goods or merchandise; or
(d) Transfers goods or merchandise from the container in which such goods or merchandise were intended to be sold to another container.
III. As used in this section:
(a) "Merchant" means the owner or operator of any place of business where merchandise is displayed, held, or stored, for sale to the public, or any agent or employee of such owner or operator.
(b) "Purpose to deprive" means to have the conscious object to appropriate the goods or merchandise of a merchant without paying the merchant's stated or advertised price.
IV. Willful concealment shall be a misdemeanor. The penalty for shoplifting shall depend on the value of the property, as provided in RSA 637:11. As used in this section, "value" shall be determined in accordance with RSA 637:2, V.
NOTE: Because the "value" is often contested because it can be determinative of the potential punishment upon conviction, I have also included here the statutory definition of "value" for the purposes of this law, which is found in the New Hampshire laws at RSA 637:2 V:
V. "Value" means the highest amount determined by any reasonable standard of property or services.
(a) Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(b) The value of property or services obtained by the actor shall determine the grade of the offense, and such value shall not be offset against or reduced by the value of any property or services given by the actor in exchange.
(c) Each personal check or credit card shall have a value of $250.
Shoplifting and "willful concealment" are serious charges and it may be wise to consult with a criminal defense attorney as soon as possible if you or a loved on is under suspicion of one of these charges.
Have a safe weekend,
Mark Stevens
THE LAW OFFICES OF MARK STEVENS
Salem, NH 03079
603-893-0074
http://www.ByeByeDWI.com
http://www.ByeByeOUI.com
http://www.ByeByeDUI.com
Legal Advertising
Today's topic is off the beaten DWI path, but it is important due to the rise in instances of shoplifting allegations that flow in part from a worsening economy. More and more accusations of shoplifting and "willful concealment", which involves concealing merchandise or goods while on the premises of a store, are being lodged against people in New Hampshire than usual. Below you will find the text of New Hampshire's shoplifting law, which defines both the crimes of willful concealment and shoplifting under New Hampshire's law, RSA 644:17. Here is the law:
CHAPTER 644 Breaches of the Peace and Related Offenses
RSA 644:17 (2008)
644:17 Willful Concealment and Shoplifting.
I. A person is guilty of willful concealment if, without authority, he willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment.
II. A person is guilty of shoplifting if, with the purpose of depriving a merchant of goods or merchandise, he knowingly:
(a) Removes goods or merchandise from the premises of a merchant; or
(b) Alters, transfers, or removes any price marking affixed to goods or merchandise; or
(c) Causes the cash register or other sales recording device to reflect less than the merchant's stated or advertised price for the goods or merchandise; or
(d) Transfers goods or merchandise from the container in which such goods or merchandise were intended to be sold to another container.
III. As used in this section:
(a) "Merchant" means the owner or operator of any place of business where merchandise is displayed, held, or stored, for sale to the public, or any agent or employee of such owner or operator.
(b) "Purpose to deprive" means to have the conscious object to appropriate the goods or merchandise of a merchant without paying the merchant's stated or advertised price.
IV. Willful concealment shall be a misdemeanor. The penalty for shoplifting shall depend on the value of the property, as provided in RSA 637:11. As used in this section, "value" shall be determined in accordance with RSA 637:2, V.
NOTE: Because the "value" is often contested because it can be determinative of the potential punishment upon conviction, I have also included here the statutory definition of "value" for the purposes of this law, which is found in the New Hampshire laws at RSA 637:2 V:
V. "Value" means the highest amount determined by any reasonable standard of property or services.
(a) Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(b) The value of property or services obtained by the actor shall determine the grade of the offense, and such value shall not be offset against or reduced by the value of any property or services given by the actor in exchange.
(c) Each personal check or credit card shall have a value of $250.
Shoplifting and "willful concealment" are serious charges and it may be wise to consult with a criminal defense attorney as soon as possible if you or a loved on is under suspicion of one of these charges.
Have a safe weekend,
Mark Stevens
THE LAW OFFICES OF MARK STEVENS
Salem, NH 03079
603-893-0074
http://www.ByeByeDWI.com
http://www.ByeByeOUI.com
http://www.ByeByeDUI.com
Legal Advertising
Saturday, February 7, 2009
RSA 179:10: New Hampshire's "Minor in Possession of Alcohol" or "Unlawful Intoxication by a Minor" Law
New Hampshire has a law under which a person can lose his or her driver's license if he or she is under the age of 21 based upon either possession of alcohol or intoxication. The strange part about this law is that it does not require that the person was driving at the time of the alleged offense.
Here is the text of the law:
RSA 179:10 (2009)
179:10 Unlawful Possession and Intoxication.
I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b. [Para. I as effective one day after the passage of the state operating budget for the biennium ending June 30, 2009; see also Para. I set out above]
II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.
The kicker to this law is not immediately apparent, though because this law does not explicitly address a loss of the right to drive. It is important to read RSA 263:56-b, which is titled "Revocation or Denial for Drugs or Alcohol Involvement". That law permits a court to take the driver's right to drive away for 90 days up to a year for a first offense, and that law also requires the DMV to revoke the driver's right to drive for 90 days to a year unless it is directed not to do so by the Court.
It is important to carefully review these laws, and if possible consult with a lawyer when contemplating your options if you have been charged with an offense under RSA 179:10.
Have a safe weekend,
Mark Stevens
THE LAW OFFICES OF MARK STEVENS
Salem, NH 03079
603-893-0074
http://www.ByeByeDWI.com
http://www.ByeByeOUI.com
http://www.ByeByeDUI.com
Legal Advertising
Here is the text of the law:
RSA 179:10 (2009)
179:10 Unlawful Possession and Intoxication.
I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b. [Para. I as effective one day after the passage of the state operating budget for the biennium ending June 30, 2009; see also Para. I set out above]
II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.
The kicker to this law is not immediately apparent, though because this law does not explicitly address a loss of the right to drive. It is important to read RSA 263:56-b, which is titled "Revocation or Denial for Drugs or Alcohol Involvement". That law permits a court to take the driver's right to drive away for 90 days up to a year for a first offense, and that law also requires the DMV to revoke the driver's right to drive for 90 days to a year unless it is directed not to do so by the Court.
It is important to carefully review these laws, and if possible consult with a lawyer when contemplating your options if you have been charged with an offense under RSA 179:10.
Have a safe weekend,
Mark Stevens
THE LAW OFFICES OF MARK STEVENS
Salem, NH 03079
603-893-0074
http://www.ByeByeDWI.com
http://www.ByeByeOUI.com
http://www.ByeByeDUI.com
Legal Advertising
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