New Hampshire Criminal Defense Victories
Having the right criminal lawyer on your side can improve your chances of a victory on your day in court. Lothstein Guerriero, PLLC has won many victories in New Hampshire courts over the years.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
10/12/2018: In our most recent and perhaps our greatest victory, we won an appeal granting a new trial to a beloved and esteemed therapist wrongfully accused of sexual assault by a client. On October 12, 2018, the New Hampshire Supreme Court upheld a critical victory we had already won in the Superior Court - a victory that freed a therapist from prison who had been wrongfully accused of sexual assault by a client, and cleared his name. The Court held that the Superior Court was right to vacate the jury verdicts and sentences, and grant a new trial, for the therapist because juror bias infected the proceedings, resulting in an unfair trial. On October 17, 2018, the Merrimack County Attorney's Office issued a press release, announcing the State would not bring the case to trial again. Instead, the State dismissed the charges. Read More about Dr. Afshar's Case Read More
Concord District Court. On the morning of trial where Client faces domestic assault charge, prosecutor offers a “continued without a finding” disposition. Assuming Client satisfies certain rehabilitative conditions, Client will haveno conviction, will have no criminal record, and will avoid federal lifetime ban on gun ownership for domestic assault convictions. Read More
Newport District Court. Attorney Ted Lothstein convinces Merrimack County Attorney’s Office and State Police to dismiss felony witness tampering and misdemeanor domestic assault charges against Client. At the outset of the case, the complainant brought a restraining order in Newport District Court. Attorney Lothstein cross-examined client’s accuser, spotlighted multiple contradictions in her story, exposed her motive of revenge for a failed relationship, and persuaded a district court judge to dismiss the restraining order she brought against Client.No restraining order, no lifetime ban on gun ownership, no felony, no criminal charges at all – 100% exonerated. Read More
Lebanon District Court. Enfield Police Department charged Client with Possession of Controlled Drug in a Motor Vehicle (marijuana), a major motor vehicle offense and class B misdemeanor crime. Attorney Lothstein secured plea to possession of controlled drug as a non-criminal violation. Client paid a fine, was saved from having a criminal record, and was spared the mandatory 60 day license loss that comes with a conviction for possession in a motor vehicle. Read More
Manchester District Court. Teenage client faced charge of Reckless Operation, a major motor vehicle offense that carries a mandatory 60 day loss of license. On eve of trial, Attorney Lothstein secures plea to a lane violation, a minor motor vehicle infraction (like a speeding ticket), with a 10 day loss of license. Read More
Littleton District Court. Client faced a charge of class A misdemeanor Sexual Assault. If convicted, he would have to register as a sex offender for 10 years and face other criminal penalties. Attorney Lothstein secured a plea to an alternative charge, Simple Assault, helping Client avoid mandatory sex offender registration. Read More
Manchester District Court. Client faced a class A misdemeanor charge of Driving after License Suspended for DWI Conviction. Client’s license had been revoked just two months prior for a DWI conviction, causing him to face this charge that carries a mandatory jail sentence and a mandatory one year license revocation upon conviction. Attorney Lothstein persuaded the prosecutor to give Client a “deferred prosecution” – an opportunity to do community service and thereby avoid conviction, jail and license revocation. Read More
Hillsborough North Superior Court. Prosecution drops felony possession of marijuana with intent to distribute charge against Client, allows her to plead to misdemeanor. Client serves no jail time, no probation. Read More
Merrimack County Superior Court. Client charged with two felonies: burglary of a commercial building and, while on bail for that charge, possession of marijuana with intent to distribute. Burglary dismissed to allow Client to enter the Merrimack County Adult Diversion Program, felony drug charge reduced to misdemeanor, Client serves 3 weekends in jail. Read More
United States District Court of NH. Attorney Lothstein wins release of Client, detained over six months in multi-defendant cross-border prosecution of Massachusetts and New Hampshire residents alleged to conspire to manufacture methamphetamine over a 3 year period. Read More
Coos County Superior Court. Grand Jury charged Client with felony for bringing drugs into the Berlin State Prison visiting room. Prosecution, after negotiations, agreed to let Client plead guilty to misdemeanor with no jail time. Read More
Hillsborough Superior Court (North). Client faced charges of conspiracy to commit burglary, and burglary of a residential home, in a case where one of the co-conspirators directed her actions by telephone from his home – the New Hampshire State Prison. Represented by Ted Lothstein, Client secured an agreement where she was allowed to plead guilty only to misdemeanors alleging criminal trespass, and she served no jail time. She avoided the stigma and collateral consequences – including lifetime gun ownership prohibition – of becoming a convicted felon. Read More
Hillsborough Superior Court (North). Client faced a felony charge of Operating After Certification as an Habitual Offender, which carries a mandatory minimum one year jail sentence. Ted Lothstein, at the final pretrial, persuaded the prosecution to agree to drop the felony charge, and allow Client to plead guilty to a misdemeanor charge carrying far less jail time. Read More
New London (now Newport) District Court. The State charged Client with domestic violence simple assault, based on his girlfriend’s accusations to police — and despite her almost immediate recantation of those accusations. On the day of trial, when Client made clear that he would not plead guilty to any charge, the State elected to drop the charges altogether. Case dismissed! Read More
Our Client's Marijuana Possession Case Dismissed — Co-Defendant with a Different Lawyer is Convicted!
Two friends, caught in a car smoking marijuana by police officers, face same charge: marijuana possession. Co-defendant, represented by another lawyer, files no motions, pleads guilty, and now has a criminal conviction on his record. Our Client, represented by Ted Lothstein, files a motion to suppress claiming the police violated his constitutional rights by searching the car without a warrant. After a hearing in Manchester District Court, and after Attorney Lothstein cross-examines the arresting officer, Judge Champagne grants the motion to suppress – case dismissed! Read More
Carroll County Superior Court. A Client on parole for a hotel burglary was charged with a hotel burglary. Ted Lothstein, during a deposition of a police chief, uncovered damaging information about the eyewitness’s credibility that had never been disclosed by the prosecution. The jury returned with an acquittal after just fifteen minutes deliberation. Upon finishing his sentences, Client now lives happily on Cape Cod with his family … and sends Lothstein a holiday card every year! Read More
Strafford County Superior Court. The State charged Client with aggravated felonious sexual assault in the Strafford County Superior Court. The County Attorney gloated to the jury in his opening statement that this was the only adult rape case he could remember where there was a third-party eyewitness — another woman who claimed to have walked in on Client violently sexually assaulting his girlfriend. Ted Lothstein, through discovery proceedings, gained access to mental health records casting doubt on the eyewitness’s credibility, and used them during cross-examination of this supposedly-neutral eyewitness. At trial, even with both women testifying against Client, a divided jury could not reach a verdict, and the State later dropped the charge. Read More
Merrimack County Superior Court. The State charged Client with first degree assault based on a stabbing that occurred outside a restaurant/bar in Concord. Ted Lothstein argued that Client acted in self-defense, protecting himself from a drunken thug. The jury acquitted Client. Read More
Rockingham County Superior Court. The State charged Client with simple assault based on eyewitnesses, including an off-duty police officer, who swore that during a bar fight, Client walked up to a man already unconscious in the gutter and brutally stomped on the man’s head. Ted Lothstein argued that Client acted in self-defense, and that the eyewitnesses were mistaken. The jury acquitted Client of simple assault and convicted him of the violation-level offense mutual combat, and Client paid a small fine. Read More
In the 3d Circuit-District Division-Ossipee Court, the Moultonborough Police Department investigated Client and several others, accusing them of Burglary and Theft, for breaking into a commercial building and stealing items including bottles of alcoholic beverages. Client was also investigated for Criminal Mischief, for throwing eggs at cars in an unrelated incident on a different date. If convicted of Burglary, this young client would have become a convicted felon, and possibly gone to jail, with a ruinous impact on his future. Instead, Attorney Lothstein secured a plea to the class B misdemeanor of Criminal Trespass. This is the lowest-level misdemeanor in NH law - the only possible punishment is a fine. A second class B misdemeanor for Criminal Mischief was placed on file without a finding (no conviction). Client paid a fine, and paid restitution for damage to the commercial building and the vehicle that was struck by eggs. Because there was no felony conviction, no probation, and no suspended sentence, Client will be eligible for complete annulment of the record of arrest and conviction in just three years. The waiting period easily could have been as long as 10 years or more if he had been convicted of a felony, depending on the terms of the sentence. Read More
On March 28, 2017, the Merrimack County Superior Court granted a 54-page Motion for New Trial that we filed on behalf of a client who had been convicted of Aggravated Felonious Sexual Assault and sent to prison. This victory resulted in the immediate release of our client from prison. The victory also received widespread press coverage in the Concord Monitor, WMUR and other media outlets. For more details, and to access the press coverage, click here. Read More
Grafton County Superior Court, N. Haverhill, NH. Client, a student at Plymouth State University, was prosecuted after selling drugs to an undercover officer just off campus. The Grafton County Attorney's Office argued that client should serve 6 months in jail. In May, 2016, Attorney Ted Lothstein successfully argued that that because client had no prior record, had graduated from college, and had secured a good job, the Court should put him on probation rather than sending him to jail. Read More
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! Read More
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
These victories do not predict the outcome of your case. Like most lawyers who are not afraid to try a case, Ted Lothstein and Richard Guerriero have both seen plenty of juries vote to convict. From both their victories and their defeats, Ted Lothstein and Richard Guerriero have gained the experience and wisdom to guide a client through the process of exposing the weaknesses and strengths both of the prosecution’s case and of the available defenses, with the ultimate goal of achieving the best possible outcome- which may be a trial, or a negotiated settlement, a choice only the client can make.