Newport District Court Archives - Lothstein Guerriero, PLLC

Domestic Violence Case Dismissed

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

Witness Tampering and Domestic Assault Charges — Dismissed

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

DWI Charge Dropped, License Suspension Lowered from 9 Months to 60 Days

The New London Police charge Client in the 5th Circuit District Division Newport Court with DWI. Attorney Lothstein secures a plea to Negligent Operation, a non-criminal motor vehicle infraction, with a 30-day court-ordered license suspension, and the State agrees to withdraw the 6 month ALS, after just 30 days is served. Thus, Client receives no DWI and a total suspension of 60 days, in a case where the worst-case scenario was a DWI conviction and a 9 month total suspension. Read More

State Withdraws ALS, DWI Dismissed

The Grantham Police charge Client with DWI in the 5th Circuit District Division Newport Court, and she also faces a 6-month administrative suspension (ALS). Attorney Lothstein secures a plea agreement where the State withdraws the ALS, and the DWI is dismissed; instead, Client pleads guilty to Reckless Driving. Thus, no DWI, no criminal record, and the total license suspension is 90 days rather than the 9 months she was facing at the outset of litigation. Read More

DWI Dismissed, Replaced with Reckless Driving

Client, charged in Newport District Court with Underage DWI, possession of marijuana, and Open Container, faced a mandatory one-year license suspension if convicted of DWI. He retained Ted Lothstein, who prepared for trial, and then secured a plea where the DWI was dismissed and replaced with a reckless driving complaint, reducing Client's overall license suspension to 120 days and saving him from the long-term economic hardship and stigma of a DWI conviction. Read More

Nov

Ted Lothstein and Kaylee Doty teach Domestic Violence Litigation

November 23rd, 2024

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

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

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

Felony Marijuana Charge Reduced to Misdemeanor — No Jail Time, No Probation

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

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

» Newport District Court

Domestic Violence Case Dismissed

Witness Tampering and Domestic Assault Charges — Dismissed

DWI Charge Dropped, License Suspension Lowered from 9 Months to 60 Days

State Withdraws ALS, DWI Dismissed

DWI Dismissed, Replaced with Reckless Driving

Practice Areas

For More Information

Blog Index

Recent Blog Posts

Recent Case Results

Contact Us

Disclaimer