Results

Felony Stalking Case Ends in Acquittal

Less than a month after hearing a not guilty verdict in a Strafford County manslaughter case, Richard Samdperil was in the Rockingham County Superior Court defending a client charged with felony Stalking and with violating a protective order. The client was charged by local police in 2016 and later indicted by a Rockingham County grand jury for an encounter at a public arts venue in Portsmouth, New Hampshire. If convicted, the client faced a possible sentence of 3 1/2 – 7 years in prison, plus fines. At trial, the prosecution presented testimony from the complaining witness and the police detectives who investigated the matter. After a brief deliberation, the jury found Samdperil’s client not guilty of both charges.

Not Guilty Verdicts in Manslauger and Riot Case

Following a 2-week trial, a jury found a Samdperil & Welsh client not guilty of Manslaughter and Felony Riot charges.  The case stemmed from an incident at a bar in Rochester, New Hampshire and was tried in the Strafford County Superior Court in Dover.  After hearing from eye-witnesses, police detectives, and expert witnesses in the area of forensic pathology, the jury found the client not guilty of the two charges he was indicted on, and guilty of a lesser charge of Negligent Homicide.  As a result of the acquittals and jury’s verdict, the client, who was originally facing a possible 37 years in state prison, was eligible for parole in 2 years.  For coverage of this case in the media, click here.

Client Found Not Guilty of Criminal Threatening With a Handgun

The client was accused of drawing a firearm, a 9mm handgun, at a Portsmouth bar and threatening a bouncer. If convicted of either of the two felony charges he was charged with, the client faced a possible 7 1/2 – 15 year sentence in prison, fines, and the loss of his right to own and carry a firearm.

Attorney Richard Samdperil successfully argued that the client was innocent of the accusations. The jury agreed and found the client not guilty.

Jury Acquits Client of First Degree Assault

Following a jury trial, a Grafton County jury acquitted Samdperil & Welsh, PLLC’s client of charges of First Degree Assault and Second Degree Assault. If convicted, the client faced a possible sentence of 7 1/2 – 15 years in state prison.

Attorney Richard Samdperil, who represented the client, successfully argued to the jury that his client, who broke the jaw of the alleged victim, had acted in defense of a third person. The jury returned not guilty verdicts after deliberating for approximately 1 hour.

Burglary Charge Reduced

Attorney Samdperil’s client was initially indicted on felony burglary charges, but prosecutors agreed to reduce the charges as part of a plea bargain. In this case, the client pled guilty to misdemeanor charges of criminal trespass, and received a sentence of time served and probation.

This outcome was particularly significant for the client, who was not a U.S. citizen but has lived in this country since he was 3 years old. A felony conviction would have almost certainly resulted in his deportation.

Felony Drug Charge Dismissed – No Jail Time

The defendant and his roommate, both college students, were charged with manufacturing and possessing drugs, a felony offense in New Hampshire. Attorney Samdperil became involved before the first court appearance, sending letters to the prosecutor touting his client’s academic success and the impact a felony would have on the client’s future. Attorney Samdperil also counseled the client about what he could do before the court hearing to improve his chances of getting the felony charge dismissed.

DUI Charges Dismissed After Failed Sobriety and Breath Tests

Attorney Welsh represented a client arrested for DUI. The Police reports indicated that the client drank 10-12 beers before being stopped by police.

According to the police reports, the client failed all sobriety tests (the HGN, Walk and Turn, One legged Stand). The client also submitted to a breath test, which exceeded the .08 legal limit. The prosecutor brought three alternate theory DUI charges.

Result: DUI charges were dismissed. Client pleaded guilty to a lesser, non-alcohol related charge.

NH DWI Charge Dropped After Failed Sobriety Test

Attorney Joseph Welsh represented a Client charged with DWI in New Hampshire. Client had used the wrong entry way into a public parking lot, struck a parking meter, and not parked the car within the parking lines. Client failed all field sobriety tests and admitted to drinking alcohol.

Result: DWI charge was dropped from prosecution. Client pleaded guilty to negligent operation, an offense which carries no license loss.

Mandatory 3-6 Years in Prison Avoided

NH Superior Court. Client faced 4 charges, including being an accomplice to criminal threatening with a firearm and endangering the welfare of children. NH felony attorney Richard Samdperil successfully negotiated the dismissal of weapon and child endangerment charges. Ultimately, all the charges were dismissed as part of a plea bargain, and the client pled to 2 misdemeanors for making false reports to police.

By doing so, the client avoided 3-6 year prison term, which is the mandatory minimum sentence for any charge involving the use, attempted use, or threatened use of a firearm. The client also avoided a felony conviction.

Although the charges were negotiated, the sentence was not. At a contested sentencing hearing, Attorney Samdperil challenged the State’s evidence and presented testimony from a private investigator who had been hired by Attorney Samdperil to work on the case.

Attorney Samdperil was successful in persuading the judge to reject the prosecutor’s sentencing recommendation.

Gun and Child Endangerment Charges Dismissed; Lesser Misdemeanors Substituted

Client’s charges of being an accomplice to criminal threatening with a firearm and endangering the welfare of children were all dismissed. As part of a negotiated settlement the client pled to 2 misdemeanors of making false reports to police, and avoided a mandatory 3-6 year prison term. Attorney Samdperil was also successful in persuading the judge to reject the prosecutor’s sentencing recommendation.

2nd Offense NH DWI Charge Reduced

Laconia District Court. The client was charged with his second DWI in New Hampshire and was facing a mandatory jail sentence and 5 year loss of license. Attorney Samdperil successfully negotiated a reduction in the charge, which resulted in no jail time and cut the loss of license in half.

Mandatory Jail and 5 Year License Loss Avoided

Laconia District Court. Client was charged with his second DWI and was facing a mandatory jail sentence and 5 year loss of license. Attorney Richard Samdperil negotiated a reduction in the charge, which resulted in no jail and cut the loss of license in half.

Drug Sale Dismissed – No Jail

Client was arrested by state and federal agents in connection to an on-going drug investigation covering two states. Attorney Samdperil successfully convinced the State to dismiss a charge related to drug sales, and the client pled to a lesser charge and served no jail sentence.

Under Age DUI Clients Avoid Mandatory One Year License Loss

Attorney Welsh represented a client charged with an under age 21 DWI. The client failed the field sobriety tests and then blew four times the legal limit for someone under age 21.

Result: The DWI charge was dismissed. The client pleaded guilty to non-alcohol related charge of negligent driving.

In another case, the police came upon a vehicle full of people under the age of 21.  Police smelled alcohol and marijuana and found numerous cans of beer in car. Attorney Welsh’s client admitted to drinking beer, had bloodshot glassy eyes, and smelled of marijuana. The client was charged with DWI. 

Result: The DWI charge was dropped by the State and the client pled guilty to a non-alcohol related charge, avoiding a mandatory one year license loss and a DWI conviction.

DWI Roadblock Charge Reduced

Attorney Joseph Welsh’s client was arrested for DWI at a random sobriety checkpoint. The police alleged that, before stopping the client, they observed erratic driving. Police also alleged that the client smelled of alcohol, admitted to drinking beers, and failed two of three field sobriety tests.

Result: The DWI charge was reduced to a lesser, non-criminal, non-alcohol related charge of reckless driving.

All Charges Dismissed for Cemetery Volunteer

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.

Felony Drug Charge Diverted From Prosecution

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.

Domestic Violence Charges Filed Without Any Finding

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.

Under Age 21 DUI Charge Dropped

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.

Illegal Stop of Motorcycle Results in DUI Charge Being Dismissed

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

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.

Under 21 Drugs Suppressed – Case Dismissed

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

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

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

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

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

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.

Fraud 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.

State v. Ramos

New Hampshire Supreme Court. 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. Denoncourt

New Hampshire Supreme Court. 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. Hall

New Hampshire Supreme Court. 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

State v. Masucci – Reversing the Defendant’s Conviction for DWI

New Hampshire Supreme Court. Unpublished 3JX opinion reversing the defendant’s conviction for DWI.

State v. Heirtzler

New Hampshire Supreme Court. The defendant, a Londonderry NH 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.

New Hampshire Supreme Court. 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. Ayotte

New Hampshire Supreme Court. Reversing the defendant’s arson conviction. View case