» Ted Lothstein

Victory in Lebanon District Court: The Lebanon Police prosecuted Client for DWI. Attorney Lothstein prepared a Motion to Suppress, arguing that the police lacked sufficient cause to stop Client’s vehicle. Subsequently, the State agreed to settle the case by dismissing the criminal DWI charge and allowing Client to plead guilty to reckless driving, a motor vehicle violation. Client avoided the stigma and costly collateral consequences of a DWI conviction! Read More

In the Concord District Court, Client was charged with New Hampshire DWI, 2d offense, which carries a mandatory 3-year license loss, mandatory jail time, and mandatory inpatient treatment. Ted Lothstein, after filing motions for discovery and to suppress evidence, obtained a plea agreement where all DWI charges were dropped! Client pled guilty to reckless operation, resulting in a 90 day license loss, a fine and outpatient counseling! Read More

On June 9, 2009, in an appeal briefed by Ted Lothstein, the Court reversed these serious felony convictions because the Manchester Police went into the accused’s home without getting a warrant from a judge. “The search of a home is subject to a particularly stringent warrant requirement because the occupant has a high expectation of privacy. To have it otherwise would be to obliterate one of the most fundamental distinctions between our form of government, where officers are under the law, and the police-state where they are the law.“ Read Ted’s Brief on Appeal Read the Court’s Decision. State v Scott Robinson Read More

On April 8, 2009, in a landmark decision, the NH Supreme Court reversed convictions arising out of a tragic automobile accident, because the evidence failed to establish that the victim was born alive. Right Vindicated: Although a very close case, here the prosecution failed to Prove Guilt Beyond a Reasonable Doubt. Read NH appeal attorney Ted Lothstein’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. Joshua Lamy (2009). Read Coverage of this Victory in the Concord Monitor Read More

In State v. Ernest Solomon, 156 N.H. _, 943 A.2d 819 (2008), for the first time in any American court, the NH Supreme Court held that the accused’s right to be free of double jeopardy was violated when, in the middle of his trial, his trial judge departed for military duty overseas and another judge declared a mistrial with intention to begin the trial anew. Read More

Simple Assault - alleged Domestic Assault. Right Vindicated: The Double Jeopardy Right – the principle that the government cannot try and re-try the accused in forum after forum until it gets the verdict it wants. Read Ted’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. Ernest Solomon,156 N.H., 943 A.2d 819 (2008). Read More

In 2008, Ted Lothstein won a reversal on appeal where the accused was charged with Aggravated Felonious Sexual Assault (alleged sexual assault of an adult), and the trial judge in Merrimack County Superior Court refused to allow cross-examination of the complainant regarding her prior false accusation of rape against another man. The reversal in State v. Kornbrekke was the first time that the Court had ever reversed a rape conviction based on this type of limitation of the right to confront one’s accuser at trial. Read NH appeal attorney Ted’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. Karl Kornbrekke,156 N.H. 821 (2008). Read More

In State v. Marshall Zidel, 156 N.H. 684, 940 A.2d 255 (2008), the NH Supreme Court became the first in the nation to hold that a prosecution for child pornography for “collaged” images violated the accused’s free speech and privacy rights. Read More