Proven Results

All Charges Dismissed for Cemetery Volunteer.   December, 2007 - Rochester District Court.  Client was charged with criminal trespassing, disorderly conduct, reckless conduct and disobeying a police officer when she attempted to stop construction vehicles as they drove over an abandoned cemetery.  As a result of Attorney Samdperil's negotiations with the local police, all charges against the client were dismissed.  For more details about the case, click here.   

Domestic Violence charges filed without any finding.  October 2007 - District Court. Attorney Welsh’s client was charged with multiple domestic violence offenses, including simple assault, criminal threatening, and false imprisonment. Outcome – all charges placed on file without a finding.

Felony drug charge diverted from prosecution.  October 2007 - Superior Court. Police stopped client's motor vehicle on the highway. A subsequent search of the car revealed controlled drugs. Attorney Welsh’s client was charged with felony possession of controlled drugs and possession of drugs in a motor vehicle. Outcome – case diverted from prosecution, which will result in dismissal of all charges.

DUI charge dropped.  October, 2007 - District Court. Attorney Welsh’s client was charged with under age 21 DUI. Client’s blood-alcohol content was six times the under age 21 legal limit of .02 BAC. Client's car left the roadway. Result – DUI charge dropped. Case resolved as a reckless driving charge. Client spared minimum one year mandatory license loss as well as other mandatory penalties required for a DUI conviction.

DUI charge dismissed.  October 2007 - District Court. Attorney Welsh’s client was charged with DUI while driving his motorcycle in the Lakes Region. Police stopped the motorcycle after seeing it cross over the fog line multiple times and observing other erratic driving. Result – the Court agreed with Attorney Welsh that the police lacked a valid reason to stop the motorcycle. Because of the illegal stop, the Court dismissed the DUI charge.

Sexual Assault charges dropped.  October 2007- Superior Court. Attorney Welsh’s client was charged with multiple counts of felony sexual assault of a young female over a nearly two year period. Each charge was punishable by 10 to 20 years in New Hampshire State Prison. Outcome – charges dropped by prosecutor's office prior to trial.

Drugs Suppressed - Case Dismissed.  October, 2007 - District Court.  Client was charged with possession of marijuana, a misdemeanor.  Because the defendant was under 21, he also faced a possible loss of license.  Attorney Samdperil successfully argued that the arresting officer illegally detained his client, and that the search was unconsitutional. Case Dismissed.   

Aggravated DWI Charge Reduced - Client Avoids Mandatory Jail Sentence.  October, 2007 - District Court, Rockingham County. Client was charged with Aggravated DWI (more than twice the legal limit) . Attorney Samdperil negotiated a reduction in the charge. As a result, the client's loss of license was limited, and a mandatory jail sentence was avoided.

DWI Dismissed. Client Receives Minimal Loss of License.  September, 2007 - District Court, Rockingham County. Richard Samdperil represented a client charged with DWI for driving under the influence of drugs (prescribed medications). The State ultimately agreed to dismiss the DWI charge, a misdemeanor. In its place the parties agreed to a motor vehicle violation. The client was not convicted of a misdemeanor or DWI, and received only a 15 day loss of license rather than the 9 month loss required by the DWI statute.

Attorney Welsh saves client significant incarceration and license loss.  September, 2007 - District Court Trial. Attorney Welsh defended a client accused of DUI, second offense. Client was accused of DUI here in New Hampshire with a prior DUI conviction just three months earlier in the State of Kentucky. Conviction on such a charge mandates significant incarceration and enhanced license loss. The prosecutor obtained all the proper documentation from the court in Kentucky showing that indeed Attorney Welsh’s client pleaded guilty to DUI down there. Attorney Welsh nevertheless objected to introduction of the prior conviction. Result: Client’s prior conviction was not introduced into evidence, thereby saving client significant incarceration and enhanced license loss.

Client found "Not Guilty" of driving 88 MPH in a 55 MPH zone.  September, 2007 - District Court Trial. Attorney Welsh defended a client accused of driving 88 miles per hour in a 55 MPH zone. During the trial the State Trooper testified that he clocked the alleged speeder using his Doppler radar unit. The Trooper introduced into evidence documentation showing the radar unit was a new unit, that he tested it prior to use on the day in question to ensure it was working properly, and that the unit had only a 1 MPH margin of error. During trial Attorney Welsh convinced the presiding judge to exclude the radar results. Result – client not found guilty of driving 88 MPH in a 55 MPH zone.

DUI and Conduct After an Accident charges Dismissed.  September, 2007 - District Court Trial. Attorney Welsh defended client accused of DUI, Reckless Driving, Operating after Suspension, and Conduct After an Accident (similar to leaving the scene of an accident). Each of these offenses is a major offense under New Hampshire’s Habitual Offender law. Result – Client was not convicted of any of the originally charged offenses. DUI and Conduct After an Accident charges were dismissed. The Reckless Driving charge was reduced to speeding, Operating After Suspension charge was reduced to a non-Habitual Offender offense. Client ordered to pay fine and no license loss was imposed.

Felony Case Dismissed at Trial.  Jury Trial in the Strafford County Superior Court. Attorney Samdperil defended a client facing a felony prosecution for Fraudulently Altering a Deed. The State's evidence included testimony from the Register of Deeds, a long-time Dover attorney, and the county attorney's investigator. At the close of the State's evidence, Attorney Samdperil argued that the case should be dismissed because the State failed to prove that the document was a deed. The trial judge agreed. Result: Case dismissed during trial.

 

State v. Julio Ramos, 149 N.H. 218 (2003)
Reversing the defendant’s sexual assault convictions, and adopting a “new standard” for determining whether charges should be consolidated at trial.
View case

State v. Andrea Ayotte, 146 N.H. 544 (2001)
Reversing the defendant’s arson conviction.
View case

State v. Joseph Heirtzler, 147 N.H. 344 (2001)
The defendant, a Londonderry High School student was charged with drug possession. The Supreme held that the student’s questioning and search by a school official was unconstitutional.
View case

In Re Erik M., 146 N.H. 508 (2001)
Reversing a lower court’s decision to certify a juvenile as an adult in a case where the juvenile was charged with negligent homicide (DWI). View case

State v. John Denoncourt, 149 N.H. 308 (2003)
Reversing the defendant’s convictions for driving after being certified an habitual offender, disobeying a police officer, and resisting arrest because the trial judge denied
View case

State v. Anthony Masucci, 2000-550 (unpublished 3JX opinion, dated March 14, 2002) Reversing the defendant’s conviction for DWI.

State v. James Hall, 148 N.H. 394 (2002)
The defendant was convicted of murdering his mother. The state Supreme Court reversed the defendant’s murder conviction and granted his request for a new trial.  View case

Proven Results

  • Samdperil & Welsh, PLLC
  • Attorneys at Law
  • tel. 603-775-7570
  • help@swnhlaw.com
  • Office Location:
  • 111-113R Water Street
  • Exeter, New Hampshire
  • (entrance on the riverside)
  • Mailing address:
  • Post Office Box 38
  • Exeter, NH 03833