Over the past two decades, Ted Lothstein – an experienced DUI defense lawyer and criminal lawyer in New Hampshire – has earned a well-deserved reputation for winning high-profile cases, both in the trial courts and on appeal. His victories as an…
Richard Guerriero, of Keene, NH, is one of New Hampshire’s most skilled, experienced, and respected criminal defense attorneys. Richard has over 30 years of litigation experience, in state and federal court, at all levels, from trial courts to stat…
The NHPR Story
According to this news story from New Hampshire Public Radio, marijuana decriminalization has helped the State Forensic Laboratory massively cut its backlog on testing of seized substances from controlled drug arrests. That is good ne…
Committee: Ban Roadblocks
A NH House Committee voted 12-8 in favor of recommending passage of a Bill that would ban all so-called “DWI Checkpoints” – also known as DUI Roadblocks — in New Hampshire.
Inefficient and Costly
Overview – Important Federal Circuit Decision
On January 9, 2018, the 1st Circuit issued an important decision for the criminal justice system, and for Eber Rivera, who may have been wrongfully convicted of Armed Assault with Intent to Murder a…
In State v. Morrill, 154 N.H. 547, 914 A.2d 1206 (2006), the Court reformed the “opening-the-door” doctrine, which had been much abused by trial courts. The purpose of this doctrine is to ensure that both sides get a fair trial and neither exploits the rules to mislead the jury. However, in this case as in many others, the trial judge used the doctrine to inject prejudice into the trial rather than alleviating prejudice. Based on Ted Lothstein’s arguments on appeal, the Court took what had little more than a label or mantra — “opening the door” — and transformed it into a carefully defined and limited doctrine. As a result, the Court reversed Mr. Morrill’s conviction for aggravated felonious sexual assault, and granted him a new trial.
Our client was charged with Attempted Sale of Narcotic Drugs, a class B felony, based on an undercover investigation by the NH State Police. An affidavit filed with the Court alleged that client had agreed to sell narcotic drugs to an undercover informant supervised by the Drug Task Force, took the money for the drugs, but then fled and never supplied the drugs.
Client retained Ted Lothstein of Lothstein Guerriero, PLLC. After negotiation, we were able to secure a plea to a misdemeanor theft, with a jail sentence that was fully suspended, conditioned on payment of $500 restitution to the NH Drug Task Force. In March, 2016, Judge Tucker of the Merrimack County Superior Court accepted the plea agreement. For client, this meant no felony conviction, no jail time, no probation. A very good outcome!