Blog - Lothstein Guerriero, PLLC

Ted Lothstein named 2024 Champion of Justice by NHACDL

December 12th, 2024

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Ted Lothstein named 2024 Champion of Justice We are very proud to announce that Ted Lothstein was named the 2024 Champion of Justice by the New Hampshire Association of Criminal Defense Lawyers (NHACDL)! This is a very prestigious award that is given… Read More

Categories: News about Lothstein Guerriero PLLC, Uncategorized

Ted Lothstein and Kaylee Doty teach Domestic Violence Litigation

November 23rd, 2024

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Theodore Lothstein

Selected by our Peers – an Honor and a Privilege On Friday, November 22, 2024 Ted Lothstein and Kaylee Doty presented a lecture on the litigation of domestic violence cases at the Annual Meeting of the New Hampshire Association of Criminal Defe… Read More

Categories: News about Lothstein Guerriero PLLC

NHSCt tightens up legal standards for Aggravated DWI

October 4th, 2024

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Theodore Lothstein

NH Tightens Up Legal Standards for Aggravated DWI Definition of Aggravated DUI Most people charged with a first offense DUI face a class B misdemeanor. “Aggravated DUI” means there is a factor that makes it a more serious DUI, a class A m… Read More

Categories: DWI News, DWI/DUI Defense

Ted Lothstein presenting lecture at NH Bar Seminar on Post-Conviction Issues

August 8th, 2024

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Theodore Lothstein

On September 27, 2024, Ted Lothstein will be part of a distinguished faculty presenting a day-long seminar presented by the New Hampshire Bar Association on the topic of Post-Conviction Issues. Ted and co-presenter Emily C. Garod, prosecuting attorne… Read More

Categories: News about Lothstein Guerriero PLLC

May 26th, 2024

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Theodore Lothstein

Lawyer Indicted Federally for Threats on Twitter Springfield, Illinois prosecutor Samuel Cundari, just 30 years old, may find himself enjoying a VERY early retirement from the practice of law in a local minimum security prison if the indictment broug… Read More

Categories: Trial Lawyer Hall of Shame

Why do I support the New Hampshire Supreme Court Society?

March 31st, 2024

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Theodore Lothstein

Why Support the NH Supreme Court Society? As a lawyer that focuses on only a couple practice areas, one of which is Appellate Litigation, I support the New Hampshire Supreme Court Society because I strongly support its underlying values and goals: to… Read More

Categories: Appeals, News about Lothstein Guerriero PLLC, NH State Constitution

Ted Lothstein presenting at CLE By the Sea

July 13th, 2023

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Theodore Lothstein

Ted Serving as Faculty for Newburyport Continuing Legal Education Seminar On July 20, 2023, Ted Lothstein will be a faculty member at the annual “CLE By the Sea” in Newburyport, Massachusetts. Topic: Evolving Judicial Attitudes Towards Ra… Read More

Categories: News about Lothstein Guerriero PLLC, NH State Constitution

Jury Trial over shooting in self-defense at post office ends in mistrial

May 15th, 2023

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Theodore Lothstein

Last week, Ted Lothstein was up in Grafton County Superior Court for a jury trial that was supposed to last four days – but ended unexpectedly with a mistrial on the second day. Ethical rules prohibit lawyers from making public statements about… Read More

Categories: Criminal Cases In The News, Criminal Defense, News about Lothstein Guerriero PLLC

Hat Trick for LG: 5 Days, 3 Victories

April 10th, 2023

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Theodore Lothstein

Firm Wins NH Supreme Court Appeal. On March 30, 2023, in State v. Tufano, an appeal case handled by Ted Lothstein, the NH Supreme Court reversed a conviction for cruelty to animals arising out of a very unusual fact pattern. The accused was seen by n… Read More

Categories: Appeals, News about Lothstein Guerriero PLLC

NH Coalition Against Domestic Violence: Former Senator's Innocence is a "Technicality"

March 24th, 2023

Posted By

Theodore Lothstein

Convictions reversed. On March 23, 2023, the New Hampshire Supreme Court reversed the domestic violence convictions of former state senator Jeffrey Woodburn. The Court held that the trial judge refused to allow the jury to consider Woodburn’s c… Read More

Categories: Criminal Cases In The News

Dec

Ted Lothstein named 2024 Champion of Justice by NHACDL

December 12th, 2024

Nov

Ted Lothstein and Kaylee Doty teach Domestic Violence Litigation

November 23rd, 2024

Oct

NHSCt tightens up legal standards for Aggravated DWI

October 4th, 2024

Aggravated DWI Dismissed

Jaffrey, NH Police charge Client in the 8th Circuit – District Division – Jaffrey Court with Aggravated DWI (for eluding pursuit by police when then blue lights came on), Reckless Operation (going over 100mph), andDisobeying a Police Officer (for not stopping). The Aggravated DWI would have carried mandatory jail time,mandatory one year license revocation, and mandatory one year ignition interlock. Lothstein secured a plea to Reckless Operation and Disobeying a Police Officer – Aggravated DWI dismissed! No jail, no ignition interlock, and a total license suspension of 8 months (60 days from the Court, 6 months for the ALS). Read More

Plea Secured for Reckless Driving, Avoiding DWI

Client charged with DWI in the Plymouth Circuit Court – Attorney Lothstein secures plea to reckless driving, saving Client from a DWI conviction and reducing minimum license suspension by four months. Read More

Victory on Appeal: Cruelty to Animals Conviction Reversed on Appeal

On March 30, 2023, in State v. Tufano, a case briefed and orally argued by Ted Lothstein, the NH Supreme Court reversed a conviction for cruelty to animals arising out of a very unusual fact pattern. The accused was seen by neighbors in a manufactured home park spraying water into a large plastic bin. Inside the bin, was a Havahart trap. Inside the trap, was a very vocal cat. A neighbor saw this happening, confronted the accused about it, but did nothing. But a few days later, another neighbor told him that the accused had a history of trapping cats, and that she had confronted him about it years prior. The neighbors went to the police and eventually, our client was charged with Cruelty to Animals and brought to trial. The case in the lower court. In the jury trial, Mr. Tufano was skillfully represented by former counsel Stephen Brown of Rochester, NH. But over Attorney Brown's objection, the prosecutor was allowed to introduce evidence that according to the neighbors, the accused had a history of trapping cats, which one witness described as "a history of being hostile towards cats." But the NH Supreme Court reversed, finding that this evidence was precluded under NH Rule of Evidence 404(b), which prevents the introduction of “propensity” or character evidence. This rule says that a prosecutor, or a party in a civil case, cannot introduce evidence that the defendant or opposing party committed a similar crime in the past, and then argue: He did it before, he must have done it again. Rule 404(b) is critical to ensure a fair trial. The prohibition on the use of character evidence to prove a person's propensity to commit crimes or propensity to do bad things is a critical legal principle of equal importance in civil and criminal cases. There are exceptions of course, like a serial killer who commits his murder in a unique manner, such that evidence of his past crimes helps identify him as the perpetrator. The exceptions apply when the evidence is admissible for a purpose other than propensity, such as, in our example, to prove identity. But otherwise, all of us can appreciate the purpose of this rule: We have all made mistakes at some point in our past, but we don't think that our mistakes should define us forever. But more importantly, propensity evidence leads to wrongful convictions, because even if the evidence is thin, the jury may convict out of fear they will let a person "get away with it again." Accused Hired Ted Lothstein and Lothstein Guerriero, PLLC for his Appeal. On appeal, Mr. Tufano hired Ted Lothstein and our firm to represent him before the NH Supreme Court. This is common in our practice: A person will be represented by another lawyer or firm in the trial court, and then we handle the appeal. A new lawyer on appeal can see things from a different perspective. And of course on top of that, we are highly experienced, having handled well over a hundred appeals in State and federal courts. Ted Lothstein prepared the brief, and presented oral argument, which you can listen to here. You can read Attorney Lothstein's brief here: 2022-03-14-Tufano-FINAL BRIEF Victory on Appeal. On March 30, 2023, the New Hampshire Supreme Court issued a published opinion, reversing (overturning) Mr. Tufano's conviction. The court held that the lower court's ruling allowing the prosecution to use propensity evidence to prove guilt was "clearly untenable", even taking into account the substantial discretion allowed to lower courts in making rulings on evidence. The ruling inflicted prejudice, meaning that the unfairly-admitted evidence influenced the jury's decision. And the court rejected the prosecution argument for "harmless error" - the argument that other evidence of guilt was overwhelming. It was not. Our firm has now had at least 78 published decisions in State and Federal appellate courts, and dozens of appellate victories, far more than most law firms in NH. Click here to learn more about our firm's appellate litigation practice. Click here to learn more about Ted Lothstein, who has co-chaired the NH Bar's Appellate Litigation seminar several times in recent years. Read More

Lothstein Guerriero, PLLC

5 Green Street

Concord, NH 03301

Phone: (603) 513-1919

Fax: (603) 218-6503

Lothstein Guerriero, PLLC

Chamberlain Block Building

39 Central Sq., Suite 202

Keene, NH 03431

Phone: (603) 352-5000

Fax: (603) 218-6503

NHDefender Blog

Ted Lothstein named 2024 Champion of Justice by NHACDL

Ted Lothstein and Kaylee Doty teach Domestic Violence Litigation

NHSCt tightens up legal standards for Aggravated DWI

Ted Lothstein presenting lecture at NH Bar Seminar on Post-Conviction Issues

Why do I support the New Hampshire Supreme Court Society?

Ted Lothstein presenting at CLE By the Sea

Jury Trial over shooting in self-defense at post office ends in mistrial

Hat Trick for LG: 5 Days, 3 Victories

NH Coalition Against Domestic Violence: Former Senator's Innocence is a "Technicality"

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