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Felony Arrest, No Felony Conviction, No Jail Time
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.
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Jury Acquits of Burglary Charge
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!
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Conspiracy to Commit Burglary Reduced to Misdemeanor Criminal Trespass — No Jail Time
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.
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Felony Charges Reduced: Client Serves Only 3 Weekends in Jail
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.
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