» Ted Lothstein

In State v. Charles Glenn, a published opinion decided December 10, 2014, the New Hampshire Supreme Court vacated a number of serious felony convictions arising out of the retrial after a hung jury, because the prosecution did not bring the charges in a timely fashion. In the first jury trial, the State charged Glenn only with first degree murder (acquitted) and second degree murder, which resulted in a hung jury. Before the second jury trial, the State added five more felony charges: Criminal Threatening, Attempted Armed Robbery, Felon in Possession of a Firearm, and two counts Falsification of Physical Evidence. The second jury convicted Glenn on all charges. The Court vacated all of the convictions, except for second degree murder. The Court held that the doctrine of mandatory joinder requires the prosecution to join all charges from the beginning of the prosecution. As you can see from the Court’s opinion, this ruling cut Glenn’s sentence by 10 years. Read the Court’s opinion in State v. Glenn (N.H. Dec. 10, 2014). Read More

Nashua Police charge Client in the Nashua Circuit Court with Aggravated DWI, based on a .22 blood alcohol concentration (the threshold for Aggravated DWI is .16 BAC or higher), and the State files for a 180 day ALS suspension, because the .22 is far over the legal limit of .08. Client hires Attorney Lothstein, who negotiates a plea to non-aggravated first offense DWI, with the absolute minimum sentence under law – Client may restore license in 90 days – and the State will withdraw the 180 day ALS suspension. This plea saves client from mandatory jail time and a mandatory one year loss of license, both required for Aggravated DWI. Read More

Gilmanton, NH Police charge Client with DWI in the 4th Circuit – District Division – Laconia Court. Attorney Lothstein secures a plea to Reckless Driving, saving Client from having a DWI conviction on his record for 10 years, and saving Client from having to do the onerous and costly Impaired Driver Care Management Program that is required for all DWI convictions. Read More

Happy Thanksgiving to our Client, who has something special to be thankful for! Alton, NH Police charge Client in the 4th Circuit - District Division - Laconia Court with Aggravated DWI, and Transporting Alcoholic Beverages, based on allegations that client had a .17 BAC and had open alcohol containers in his vehicle. Attorney Lothstein secures negotiated plea to Reckless Driving — no conviction for Aggravated DWI, no conviction for Transporting Alcohol. Client receives a 60 day loss of license and $620 fine. This plea saves Client from mandatory jail time, a mandatory minimum one year license loss (for Aggravated DWI), mandatory one year ignition interlock, and finally, Client does not have to enroll in any programming or educational courses to restore his license. Read More

Lebanon Police charge Client with Driving While Intoxicated in the 2d Circuit – District Division – Lebanon Court. Client hires Attorney Lothstein, who secures a plea to Reckless Operation, AND an agreement that Client will only have to serve 4 months of the 6 month ALS suspension (for blowing a breath test over .08). This plea means no criminal record for client, no DWI conviction, no IDCMP, and significantly shortens the statutorily-required license suspension as well! Read More

The New Hampshire Marine Patrol files charges against Client in the 4th Circuit District Division Laconia Court: Boating While Intoxicated, and Improper Lighting, on Lake Winnepesaukee. This is a serious case because the penalties for BWI are the same as the penalties for driving while intoxicated. Indeed, because Client refused a breath test after being arrested for BWI, the NH Dept of Safety suspended his driver’s license for 180 days. Client hires New Hampshire Boating while Intoxicated defense lawyer Theodore Lothstein, and takes the case to trial. After a full trial, the Judge finds Client NOT GUILTY of Boating While Intoxicated. The Judge finds Client guilty only of the boating infraction, Improper Lighting, and orders an $80 fine. Thus, Client’s case concludes with no criminal record, no DWI conviction, no further loss of license, and no costly alcohol education classes. Read More

The Woodstock, NH Police charge Client with Driving under the Influence in the 2d Circuit District Division Plymouth Court, alleging in court that she provided a .16 breath test. Despite having a BAC in the Aggravated DWI range (.16 and higher), Attorney Lothstein secures a plea to DWI-first offense with the minimum penalties under law for a first offense, and as part of the plea agreement, withdraws the 180 day administrative suspension, so Client may restore her driver’s license in as little as 90 days. Read More

The New Hampshire State Police file charges in the 2d Circuit District Division Plymouth Court, for Driving While Intoxicated, 2d Offense, alleging that Client drove under the influence, with a prior DWI within the last 10 years, AND provided a .19 breath test, well over the limit for Aggravated DWI. Attorney Lothstein secures a plea agreement where the State dropped the DWI-2d offense charge, and Client pled guilty to Aggravated DWI, with a 24 month license suspension (a year less than a second offense DWI), and otherwise receiving the minimum penalties under law for that offense. Read More