Weapons, Guns, Firearms Arrested for disorderly and reckless conduct.

[afyrftr]

Jurisdiction

New Hampshire

Hello,

I plan on pleading not guilty and don't believe I need to hire a lawyer. If found not guilty why pay $2K, I might as well plead guilty and pay the fine.

Charges are disorderly conduct (violation) and reckless conduct (misd B)

With some questions answered should find an innocent verdict. I have done a lot of research and would like to be certain.

Before I get into more detail, I want to make sure I'm in the right place?

In New Hampshire I was walking on public way of travel and not driving.
I can not find an answer to #1 or #3
1st- is it illegal to have a firearm in your position under the influence of alcohol (not drunk .08)?
2nd- it is illegal to possess a firearm under the influence of a controlled substance.
3rd- Is alcohol a controlled substance? I cant find that answer? it is not on the CSA list (controlled substance act)?

Thank You

 

[adjusterjack]

Yes, this is the right place for it but you might want to think twice about discussing your charges on the internet lest you reveal inculpatory information that might help the prosecution.

1st- is it illegal to have a firearm in your position under the influence of alcohol (not drunk .08)?

The answer to that question won't help you because you are not being charged with having a firearm in your possession while under the influence of alcohol.

2nd- it is illegal to possess a firearm under the influence of a controlled substance.

The answer to that question won't help you because you are not being charged with possessing a firearm under the influence of a controlled substance.

3rd- Is alcohol a controlled substance? I cant find that answer? it is not on the CSA list (controlled substance act)?

It is not a controlled substance.

If you would like to discuss the charges against you I suggest you read the statutes:

Disorderly Conduct.
Section 644:2 Disorderly Conduct. (state.nh.us)

Reckless Conduct.
Section 631:3 Reckless Conduct. (state.nh.us)

What have you been accused of DOING at the time of your arrest. That's what counts.

 

[afyrftr]

Yes, this is the right place for it but you might want to think twice about discussing your charges on the internet lest you reveal inculpatory information that might help the prosecution.

(good point thank you)


The answer to that question won't help you because you are not being charged with having a firearm in your possession while under the influence of alcohol.

(another good point!)

The answer to that question won't help you because you are not being charged with possessing a firearm under the influence of a controlled substance.

(and another!)

It is not a controlled substance.

( Thank You)

If you would like to discuss the charges against you I suggest you read the statutes:

Disorderly Conduct.
Section 644:2 Disorderly Conduct. (state.nh.us)

Reckless Conduct.
Section 631:3 Reckless Conduct. (state.nh.us)

What have you been accused of DOING at the time of your arrest. That's what counts.

(I did read them and understand them, thought I would get some help which you did)
( If its ok I will reach out later, tm leaving work now, i'll try to be careful of what i say>>>

Thanks

 

[zddoodah]

With some questions answered should find an innocent verdict.

There's no such thing as "an innocent verdict." If the case goes to trial, the verdict will be either "guilty" or "not guilty," and "not guilty" is not the same thing as "innocent."

I can not find an answer to #1 or #3
1st- is it illegal to have a firearm in your position under the influence of alcohol (not drunk .08)?
2nd- it is illegal to possess a firearm under the influence of a controlled substance.
3rd- Is alcohol a controlled substance? I cant find that answer? it is not on the CSA list (controlled substance act)?

To buttress what "adjusterjack" wrote, I don't see what these questions have to do with charges of "disorderly conduct . . . and reckless conduct." Care to explain?

 

[army judge]

1st- is it illegal to have a firearm in your position under the influence of alcohol (not drunk .08)?

It is almost always a crime to possess a firearm while under the influence of alcohol or any controlled substance. Many states also prohibit people from carrying a firearm into establishments that serve liquor (such as bars and nightclubs), even with a concealed carry permit, and even if you are not drinking.

The FIREARMS laws in the state of New HAMPSHIRE one will discover that NH is one of the most firearms-friendly states in the U.S.

NH eliminated the requirement for a permit to carry a concealed, loaded firearm in 2017, and it has very few restrictions on possessing or carrying firearms.

However, a few people aren't allowed to own or possess firearms or other dangerous weaponry.

It's illegal in New Hampshire to have a gun or other deadly weapon if you've ever been convicted of a felony drug crime or a felony against a person or property. The state also prohibits any felons from possessing stun guns and Tasers outside of their homes. Violations are punished as a class B felony.

Although New Hampshire doesn't outlaw gun possession by domestic violence offenders, state law does require that domestic violence protection orders prohibit the defendants from having any firearms or other deadly weapons as long as the orders are in effect. Anyone who knowingly violates one of these orders may be charged with a class A misdemeanor.

You may also be charged with a class A misdemeanor if you have a firearm or other dangerous weapon while you're committing a violent crime. The same is true for possession of a stun gun or Taser when you intend to commit a crime, although penalties are increased if you meant to commit a felony.

Finally, it's a misdemeanor for anyone to have a blackjack, a sling shot, or metal (brass) knuckles. (N.H. Stat. §§ 159:3, 159:15, 159:16, 159:21, 159:23, 173-B:5, 173-B:9, 625:11 (2019).)

If you're facing weapons-related charges in New Hampshire, you should speak with a criminal defense attorney promptly. An experienced attorney can explain how the law applies to your situation and help protect your rights in criminal proceedings.

Gun Laws in New Hampshire

New Hampshire Gun Laws

 

[afyrftr]

Hello,

I plan on pleading not guilty and don't believe I need to hire a lawyer. If found not guilty why pay $2K, I might as well plead guilty and pay the fine.

Charges are disorderly conduct (violation) and reckless conduct (misd B)

With some questions answered should find an innocent verdict. I have done a lot of research and would like to be certain.

Before I get into more detail, I want to make sure I'm in the right place?

In New Hampshire I was walking on public way of travel and not driving.
I can not find an answer to #1 or #3
1st- is it illegal to have a firearm in your position under the influence of alcohol (not drunk .08)?
2nd- it is illegal to possess a firearm under the influence of a controlled substance.
3rd- Is alcohol a controlled substance? I cant find that answer? it is not on the CSA list (controlled substance act)?

Thank You

It is almost always a crime to possess a firearm while under the influence of alcohol or any controlled substance. Many states also prohibit people from carrying a firearm into establishments that serve liquor (such as bars and nightclubs), even with a concealed carry permit, and even if you are not drinking.

The FIREARMS laws in the state of New HAMPSHIRE one will discover that NH is one of the most firearms-friendly states in the U.S.

NH eliminated the requirement for a permit to carry a concealed, loaded firearm in 2017, and it has very few restrictions on possessing or carrying firearms.



However, a few people aren't allowed to own or possess firearms or other dangerous weaponry.

It's illegal in New Hampshire to have a gun or other deadly weapon if you've ever been convicted of a felony drug crime or a felony against a person or property. The state also prohibits any felons from possessing stun guns and Tasers outside of their homes. Violations are punished as a class B felony.

Although New Hampshire doesn't outlaw gun possession by domestic violence offenders, state law does require that domestic violence protection orders prohibit the defendants from having any firearms or other deadly weapons as long as the orders are in effect. Anyone who knowingly violates one of these orders may be charged with a class A misdemeanor.

You may also be charged with a class A misdemeanor if you have a firearm or other dangerous weapon while you're committing a violent crime. The same is true for possession of a stun gun or Taser when you intend to commit a crime, although penalties are increased if you meant to commit a felony.

Finally, it's a misdemeanor for anyone to have a blackjack, a sling shot, or metal (brass) knuckles. (N.H. Stat. §§ 159:3, 159:15, 159:16, 159:21, 159:23, 173-B:5, 173-B:9, 625:11 (2019).)

If you're facing weapons-related charges in New Hampshire, you should speak with a criminal defense attorney promptly. An experienced attorney can explain how the law applies to your situation and help protect your rights in criminal proceedings.

Gun Laws in New Hampshire

New Hampshire Gun Laws

 

[afyrftr]

I

This phrase is an add published by NOLO
it is a law in Michigan what about NH?
what is the law?

the definition of almost is
"adverb almost, which means very nearly or all but"
"not quite; very nearly:"
"means not completely or not fully"


what I did or was doing is
I had 3 coyotes run thru my yard and cross the street into my neighbor's yard.
I heard their dogs barking so I walked down the street to warn the people. (This was my legitimate purpose, but nobody was home)
a passerby seen me and my pistol (displayed) and called 911 said I was waving a gun.
in her written statement she wrote waving his gun between his hip and waist.
(I was actually holstering it).

she drove by me at about 30mph on a curve., maybe/if
5 seconds of her seeing me.?

the officer said he smelt alcohol on my breath about 7 times.
I didn't commit a crime I didn't point or fire and was not trying to hide.

the first complaint for misd, B (exactly as written on complaint) criminal code is 631:3 Reckless Conduct. - I.
Recklessly engages in conduct ( to witness) which places or may place another in danger of serious bodily injury.

the complaint for violation (exactly as written on complaint) criminal code is 644:2 Disorderly Conduct. – I.
knowingly or purposely creates a condition which is hazardous to himself or another (to witness) by display a handgun in his hand while walking on a public way while under the influence of alcohol, and such action did not serve any legitimate purpose;

the answer to your next question "did I admit I had been drinking"
unfortunately, is yes... the officer said have you been drinking alcohol I answered yes I had 2.

after having 2 guns drawn on me, put to the ground and handcuffed. I was a bit stunned.



I believe the max fines are $1200 for reckless and $1000 for violation.
A lawyer wants $2k so maybe wait for a plea bargain or just NOT Guilty?

Thank you all for any advice you can give.

 

[adjusterjack]

When the officer drove up did you have your gun out?

In other words, did he witness you having the gun in your hand or in your holster?

Do you already have a criminal record?

 

[doucar]

I

This phrase is an add published by NOLO
it is a law in Michigan what about NH?
what is the law?

the definition of almost is
"adverb almost, which means very nearly or all but"
"not quite; very nearly:"
"means not completely or not fully"


what I did or was doing is
I had 3 coyotes run thru my yard and cross the street into my neighbor's yard.
I heard their dogs barking so I walked down the street to warn the people. (This was my legitimate purpose, but nobody was home)
a passerby seen me and my pistol (displayed) and called 911 said I was waving a gun.
in her written statement she wrote waving his gun between his hip and waist.
(I was actually holstering it).

she drove by me at about 30mph on a curve., maybe/if
5 seconds of her seeing me.?

the officer said he smelt alcohol on my breath about 7 times.
I didn't commit a crime I didn't point or fire and was not trying to hide.

the first complaint for misd, B (exactly as written on complaint) criminal code is 631:3 Reckless Conduct. - I.
Recklessly engages in conduct ( to witness) which places or may place another in danger of serious bodily injury.

the complaint for violation (exactly as written on complaint) criminal code is 644:2 Disorderly Conduct. – I.
knowingly or purposely creates a condition which is hazardous to himself or another (to witness) by display a handgun in his hand while walking on a public way while under the influence of alcohol, and such action did not serve any legitimate purpose;

the answer to your next question "did I admit I had been drinking"
unfortunately, is yes... the officer said have you been drinking alcohol I answered yes I had 2.

after having 2 guns drawn on me, put to the ground and handcuffed. I was a bit stunned.



I believe the max fines are $1200 for reckless and $1000 for violation.
A lawyer wants $2k so maybe wait for a plea bargain or just NOT Guilty?

Thank you all for any advice you can give.

Is there any potential jail sentence?

 

[Zigner]

Why did you (a) admit your crime(s) to the police and (b) admit your crimes here?

Shut up already. Only talk to your attorney.

 

[dennis riley]

Is there any potential jail sentence?

no jail time just fines

no criminal record last driving infraction was 30 yrs ago

i was nervous so I said admitted yes is it a crime/ other than the potential of alcohol I don't believe there is any crime? don't have an attorney as of yet. I have no problem sharing in this forum. it is what it is, just looking for advise.


officer witnessed it was in my right hand and placed it on the hood of my truck.
i believe it is not a crime to display as long as its not pointing or used in a crime?


believe me im no lawyer and yes, I shouldn't of answered his questions.

Yes, this is the right place for it but you might want to think twice about discussing your charges on the internet lest you reveal inculpatory information that might help the prosecution.



The answer to that question won't help you because you are not being charged with having a firearm in your possession while under the influence of alcohol.



The answer to that question won't help you because you are not being charged with possessing a firearm under the influence of a controlled substance.



It is not a controlled substance.

If you would like to discuss the charges against you I suggest you read the statutes:

Disorderly Conduct.
Section 644:2 Disorderly Conduct. (state.nh.us)

Reckless Conduct.
Section 631:3 Reckless Conduct. (state.nh.us)

What have you been accused of DOING at the time of your arrest. That's what counts.

Im new to this forum and not sure how to reply to all!!!


what I did or was doing is
I had 3 coyotes run thru my yard and cross the street into my neighbor's yard.
I heard their dogs barking so I walked down the street to warn the people. (This was my legitimate purpose, but nobody was home)
a passerby seen me and my pistol (displayed) and called 911 said I was waving a gun.
in her written statement she wrote waving his gun between his hip and waist.
(I was actually holstering it).

she drove by me at about 30mph on a curve., maybe/if
5 seconds of her seeing me.?

the officer said he smelt alcohol on my breath about 7 times.
I didn't commit a crime I didn't point or fire and was not trying to hide.

the first complaint for misd, B (exactly as written on complaint) criminal code is 631:3 Reckless Conduct. - I.
Recklessly engages in conduct ( to witness) which places or may place another in danger of serious bodily injury.

the complaint for violation (exactly as written on complaint) criminal code is 644:2 Disorderly Conduct. – I.
knowingly or purposely creates a condition which is hazardous to himself or another (to witness) by display a handgun in his hand while walking on a public way while under the influence of alcohol, and such action did not serve any legitimate purpose;

the answer to your next question "did I admit I had been drinking"
unfortunately, is yes... the officer said have you been drinking alcohol I answered yes I had 2.

after having 2 guns drawn on me, put to the ground and handcuffed. I was a bit stunned.



I believe the max fines are $1200 for reckless and $1000 for violation.
A lawyer wants $2k so maybe wait for a plea bargain or just NOT Guilty?

Thank you all for any advice you can give.

 

[adjusterjack]

officer witnessed it was in my right hand and placed it on the hood of my truck.
i believe it is not a crime to display as long as its not pointing or used in a crime?

That's correct. In fact, a new law in NH was passed in 2021 that displaying a firearm no longer constitutes reckless conduct.

Under new law, displaying a firearm no longer constitutes reckless conduct – New Hampshire Bulletin

I don't think having the firearm in your hand is the issue. You've only given the statute numbers. You have said what you are accused of.

It's not enough to say you have been accused of disorderly or reckless conduct. There are a lot more words contained in the charges against you.

And just because somebody (cops, witness, prosecutor) think you committed a crime doesn't mean that you did.

Have you engaged in discovery yet. Discovery is the process where you get the witness statement and the officers' statements along with whatever the specific allegations are.

If you don't know how to do that, you really do need a lawyer.

 

[army judge]

And just because somebody (cops, witness, prosecutor) think you committed a crime doesn't mean that you did.

"Just because you did it doesn't mean you're guilty" – you may have seen this "shocking" billboard/ advertisement for a criminal defense attorney and thought, "Man, they'll do anything to bring in a case…"

Except, it's a true statement.

And it's a perfect opportunity to discuss how our criminal justice system works and how "Just because you did it doesn't mean you're guilty" is exactly what every juror in every criminal trial everywhere in our country must understand.

What in the world does it mean?

It's "beyond any reasonable doubt" – the standard of proof in every criminal case in every criminal courtroom in the USA. Along with the other constitutional rights enshrined in our Bill of Rights, it's a part of what makes our country's legal system great and sets us apart from every other country in the world.

So – what exactly does "beyond any reasonable doubt" mean?

Just Because You Did It Doesn't Mean You're Guilty
Unfortunately, the opposite is also true. Just because you didn't do it doesn't mean you're innocent…

Throughout written history, courts of law have had the unfortunate problem of committing as much injustice as they have justice. We have tried to do all we can to fix this problem in America.

With our constitutional rights, Rules of Evidence, and Rules of Criminal Procedure, we have done what we can to ensure that innocent people are not convicted of crimes and that only fair and truthful evidence is admissible in criminal courtrooms.

When all participants – judges, jurors, prosecutors, and defense attorneys – do not follow the rules, innocent people are convicted and sent to prison. Or killed.

After the right to a trial by jury, the most important of these rules is the right to proof beyond any reasonable doubt before you can be convicted of a crime.

The Burden of Proof is Always on the Government
The burden of proof is on the plaintiff (the government) to prove that the defendant committed a crime beyond any reasonable doubt.

As a standard jury instruction often read by judges at trial says, "The presumption of innocence is like a robe of righteousness placed about the shoulders of the defendant, and it remains with him unless and until that presumptive robe of righteousness has been stripped from his body by evidence satisfying you of that guilt beyond a reasonable doubt."

"Beyond Any Reasonable Doubt" – Just Because You Did It Doesn't Mean You're Guilty
But what does "beyond any reasonable doubt" mean? And how can you be not guilty if you committed the crime?

First, we need to understand that it is okay for guilty people to "go free" when we can't prove that they are guilty.

Why?

Because, otherwise, innocent people will go to prison, not because their guilt was proven, but because a prosecutor or police officer thinks they are guilty.

It helps to understand the different "levels" of standards of proof used in different types of cases in different courtrooms like civil court, family court, and criminal court.

Scintilla of Evidence
A "scintilla of evidence" is possibly the lowest standard of proof, and it is not enough evidence to even charge a person with a crime. It's a mere suspicion that the person committed a crime.

Reasonable Suspicion
Even a reasonable suspicion is not enough evidence to charge a person with a crime, although it is enough to search a person under certain circumstances.

Probable Cause
Probable cause is enough evidence to search a person, search their vehicle, search their home, or charge them with a crime. It's more than a suspicion but something less than halfway there.

It's enough evidence to charge a person and bring them to trial, but it isn't enough evidence to convict a person of a crime.

Preponderance of the Evidence
A preponderance of the evidence is enough evidence to find a person is liable for a car crash in a civil case. If the evidence "weighs" even 51% in one side's favor, then the jurors should decide the case for that side.

If it is more likely than not that the defendant caused the plaintiff's injuries, the defendant is usually liable.

If it is only more likely than not that the defendant committed a crime, however, the jury in a criminal court must find the defendant not guilty.

Clear and Convincing Evidence
Clear and convincing evidence… is not enough evidence to find a person guilty of a crime.

That's the standard of proof in the family court when the government is trying to terminate someone's parental rights and take their children away from them forever. It's also the standard of proof when a plaintiff seeks punitive damages in most types of civil cases in SC.

Even clear and convincing evidence is not enough to convict someone in criminal court, though.

Beyond Any Reasonable Doubt
Beyond any reasonable doubt is the highest standard of proof in any courtroom anywhere in the world.

Prosecutors don't want you (potential jurors) to know this, because, in many cases, it means they lose. Except that is how it's supposed to work – if the prosecutor does not lose every time they cannot prove their case beyond a reasonable doubt, innocent people go to prison or are killed by the government.

What does it mean?

It's the kind of doubt that would cause a reasonable person to hesitate to act.

It's a doubt for which you can give a reason.

For example, if there is unidentified DNA from the scene of the crime that indicates someone else may have committed the crime, that should create a reasonable doubt. If the government is attempting to prove its case using a snitch who is a proven liar, and they are telling you to convict someone based on a known liar's testimony, that is a reasonable doubt.

Whatever the reason you find yourself doubting the government's allegation, if you can give a reason for it, that is a reasonable doubt, and you must find the defendant not guilty.

Just because you did it doesn't mean you're guilty.

And, if the jury, prosecutor, and judge do not protect your constitutional rights including the right to proof beyond a reasonable doubt, just because you didn't do it doesn't mean you're innocent…

Got Axelrod?
Just because you did it doesn't mean you're guilty.

Just Because You Did It Doesn't Mean You're Guilty - What Does Reasonable Doubt Mean? - Axelrod & Associates, P.A.

 

[army judge]

officer witnessed it was in my right hand and placed it on the hood of my truck.
i believe it is not a crime to display as long as its not pointing or used in a crime?


believe me im no lawyer and yes, I shouldn't of answered his questions

 

[leslie82]

Hello,

I plan on pleading not guilty and don't believe I need to hire a lawyer. If found not guilty why pay $2K, I might as well plead guilty and pay the fine.

Charges are disorderly conduct (violation) and reckless conduct (misd B)

With some questions answered should find an innocent verdict. I have done a lot of research and would like to be certain.

Before I get into more detail, I want to make sure I'm in the right place?

In New Hampshire I was walking on public way of travel and not driving.
I can not find an answer to #1 or #3
1st- is it illegal to have a firearm in your position under the influence of alcohol (not drunk .08)?
2nd- it is illegal to possess a firearm under the influence of a controlled substance.
3rd- Is alcohol a controlled substance? I cant find that answer? it is not on the CSA list (controlled substance act)?

Thank You

If you can't afford an attorney, you can request a public defender. No one "has" to hire an attorney and you can also represent yourself, yes.

If you did hire a laywer, 2K is probably the retainer alone...it would probably cost more than that when it's all done. Depending on who you use.

I think you should probably seek a lawyer though. Maybe request a PD and see if you meet the criteria to be assigned one.

 

[Foamback]

He can't get a public defender

"
In addition, the Program cannot:

• Represent any person who is charged with a violation or a Class B misdemeanor, because people convicted of these offenses cannot be sentenced to jail."

About Us | New Hampshire Public Defender