» Drug Possession
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
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
In State v. Stephen Socci, No. 2013-182, a decision released on July 8, 2014, the Court held that police officers and state troopers with the Rockingham County Drug Task Force, Kingston Police Department, and Rockingham County Sheriff Department violated Mr. Socci’s Fourth Amendment right to be free of unreasonable searches and seizures.The officers had marched onto his property without a search warrant, and searched around his garage, finding evidence that he was growing marijuana in the garage.The trial court held that the police did not violate Mr. Socci’s constitutional rights, and upheld the search, causing Mr. Socci to be convicted of two felonies.The Court reversed both felony convictions and remanded for further hearing.Right Vindicated: This case is a huge vindication for the fundamental right of people to be left alone, free of intrusion by the government, on their own property.It’s also Ted Lothstein’s 15th win in the NH Supreme Court!Read the Court’s Opinion in State v. Socci.Read the Appellant brief in State v. Socci. It’s the first brief filed by the Lothstein Guerriero, PLLC firm and our first brief to incorporate color photographs, bringing our firm’s appellate litigation into the 21st century. Read More