Coos County Superior Court Archives - Lothstein Guerriero, PLLC

Felony Charge Reduced to Misdemeanor — No Jail Time

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

Oct

NHSCt tightens up legal standards for Aggravated DWI

October 4th, 2024

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

Aug

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

August 8th, 2024

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

May

May 26th, 2024

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

Possession of Child Pornography Conviction Violated First Amendment

Possession of Child Pornography - court holds prosecution of accused for “collaged” images violated First Amendment. In this landmark First Amendment decision, the first of its kind in the United States, the Court held that the government could not prosecute a man for the “thought crime” of collaging together images where no child was actually exploited or harmed. This is precisely why people turn to appeal attorneys in New Hampshire and elsewhere. Right Vindicated: First Amendment — Freedom of Speech and Freedom of Thought Read Ted’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. Marshall Zidel,156 N.H. 684, 940 A.2d 255 (2008). Read More

Misdemeanor Sexual Assault — Jury Verdict Reversed

On November 3, 2009, the Court summarily reversed a jury verdict from the Hillsborough Superior Court North in Manchester for sexual assault.The Court held that the assistant county attorney’s prosecutorial misconduct during closing argument violated the accused’s right to a fair trial. Specifically, she argued that “only two people” (the accuser and accused) knew what happened, but the jury “only heard from one of them.”…These types of arguments are improper – an inappropriate comment on the defendant’s exercise of his right to remain silent.Read the Court’s Decision Overturning the Conviction. State v. Martin (2009). Read More

Sexual Assault Charge Dropped

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

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Felony Charge Reduced to Misdemeanor — No Jail Time

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