David C. Tencza, Esq.

10/26/2022

I thought you might be interested in this parenting advice column that is in today's Washington Post. The author gives good parenting advice to anyone who is trying to co-parent children during or after a divorce or separation. First, show some empathy for the kids and the situation they have been placed in as a result of the separation. Most importantly though, she advises that you do not involve the kids in the custody dispute between the parents. Too often I see parents who think they are going to "win" in court by having the kids choose them over the other parent. Most likely, your child loves both parents and wants to spend quality time with each.

If you are thinking about seeking a change to your current custody orders, there are several changes in circumstances that a court in New Hampshire will consider in deciding if a modification is in the child's/children's best interest. For example, in the case from the attached article, this father would probably argue that a modification to increase his parenting time is in the kids' best interest because of their young ages at the time of the original parenting plan.

If you are considering a modification to you parenting plan, please reach out to our office at (603) 883-0797 to schedule a free consultation. We would be happy to speak with you regarding the potential issues in your case.

How much do children get to decide a custody arrangement? How much can we talk to them about their hurtful complaints and their mother's influence?

09/13/2022

Legal Tip for the day:

If your son or daughter is driving on a Youth Driver's License in New Hampshire (under the age of 20) or a Junior Driver's License in Massachusetts (under the age of 18) and they get stopped for a violation, DO NOT MAKE THEM JUST PAY THE TICKET!

Once you send the payment in to the Court, this triggers a guilty finding on their driving record and a license suspension from 20 to 90 days for a first offense. This suspension is automatically done by the DMV/RMV and is very difficult to overturn. There is no "hardship license" for youth drivers to get to school, sports or work.

Your child would be much better served asking for a hearing on the ticket. This will give them a chance to speak with the prosecutor about how a license suspension will affect their education or ability to work. The prosecutor may ask them to do some additional programming or community service in lieu of the fine, or, they may not be willing to do anything to reduce the ticket. But, without appealing to the Court for a hearing, your child loses the opportunity to even ask for an alternative sentence.

If your child is stopped for a motor vehicle violation and you have questions about how this may affect their driver's license, please give me a call at (603) 883-0797.

12/10/2021

Traditionally the holiday season is a time when law enforcement step up their investigations into driving under the influence.

If you are going to drink alcohol or do drugs before getting behind the wheel, you should know the possible legal consequences for your actions beyond hurting yourself or others. Please read my most recent blog post to learn about the license loss, fines and potential jail time you could face if arrested for DWI in New Hampshire.

The holidays are a time that should be filled with family and relaxation. Don't ruin the end of your year by getting arrested for driving under the influence of alcohol or drugs.

In addition to putting yourself and others in danger, driving under the influence of alcohol or drugs can have serious legal consequences in both criminal court and with the Division of Motor Vehicles. Even an arrest for this offense will impact your driver’s license and ability to operate a motor...

10/07/2019

I was honored to be asked to speak last week at the 11th Hillsborough County Adult Drug Court Graduation. The Graduation celebrated three people who have completed the requirements of the Adult Drug Court Program over a period of 18 months or longer including substance abuse treatment, mental health counseling, repayment of restitution and community service.

Drug Courts represent a new way of dealing with people who have committed crimes as a result of their substance misuse disorder. The three individuals who graduated spoke of how at some points during the program they thought it would have been easier to serve a sentence at the New Hampshire State Prison rather then to stick with the requirements of the program. Thanks to the support of the Drug Court staff and their own perseverance, today all three participants have the life skills that they need to maintain their sobriety and be productive members of our community.

I was happy to be a member of the Drug Court team when I was a prosecutor at the Hillsborough County Attorney's Office and I stay involved in the program as a member of the Steering Committee.

The Drug Court here in Nashua has been successful because so many members of the community contribute their time, effort and resources to help the participants get their lives on track.

If you would like more information on the Drug Courts in New Hampshire or information on how you can be part of this important program, please visit the Friends of New Hampshire Drug Courts website at https://friendsofnhdrugcourts.org/.

NASHUA — If not for the Nashua Drug Court program, its participants would be facing a significant amount of jail time. However, select high-risk, high-need

01/23/2019

Here's a short video about myself and my law practice to give you a better sense of who I am and how I can help resolve your legal issues.

12/19/2018

The US Senate passed a criminal justice reform bill which would help lower-level, non-violent offenders reduce their sentences for programming and good behavior while incarcerated. This bill received bi-partisan support and is expected to pass in the House of Representatives next and then be signed by the President.

Only a small percentage of the country's incarcerated population is in the federal system, however. A much larger portion of incarcerated people are in jails and prisons run by the local, state and county governments.

New Hampshire has made steps in recent years towards a more fair criminal justice system. Some of these changes to the system have come in response to the opioid crisis, like the expansion of Drug Courts throughout the State. The New Hampshire Judiciary, lead by Chief Justice of the Superior Court, Justice Tina Nadeau, has also made progress in revising the state's bail statute so that someone who is arrested is not held pending trial simply because they don't have the ability to post any amount of cash bail. Finally, some legislative reforms have been driven by budgetary concerns and the amount of resources that the state and counties devote to the incarceration of low-level offenders.

This can't be the end of criminal justice reform, though, on either the state or federal level. The fact still remains that it costs far more to incarcerate a low-level offender than to treat and supervise them within the community. The effectiveness of programming to address any underlying substance abuse or mental health disorder is greater when it is done in the community rather than behind the walls of a locked facility.

Here's to hoping this era of bi-partisanship will continue so that all levels government will implement smart policies that benefit everyone in our communities!

Trump ran as "tough on crime." But now he’s set to sign major criminal justice reform.

04/04/2018

Driving While Intoxicated is one of those crimes that can (and does) happen to almost anyone. Yet most people don't understand the process that the Court or the DMV will put them through if arrested for DWI/DUI. Here's my blog post with some information on the Administrative License Suspension law in New Hampshire.

If you or someone you know has been arrested for Driving Under the Influence of drugs or alcohol, please contact me immediately to discuss your rights and the consequences of a conviction for you. I provide a free initial consultation to explain the entire process and discuss any defenses you may have.

Arrest for DUI/DWI in New Hampshire may carry additional penalties in the form of a license suspension through the DMV. It's important to act quickly and know your rights if the DMV is trying to suspend your license. The Law Office of Attorney David C. Tencza can help. Contact him today for a free c...