Lothstein Negotiates Lower Plea for Client

In Franklin District Court, Client, representing himself, attempted to plead no contest to aggravated DWI (based on a BAC, or breath alcohol concentration, of 0.19). When the judge told him about the mandatory jail time, however, he withdrew his plea and retained Ted Lothstein, a DUI lawye… Read More

Client Avoids Stigma of DWI Conviction

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 ch… Read More

All DWI Charges Dropped

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… Read More

Robbery and First Degree Assault — Convictions Reversed

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 requiremen… Read More

Vehicular Manslaughter and Vehicular Negligent Homicide — Convictions Reversed

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… Read More

Cutting Edge Litigation on The Right Against Double Jeopardy

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 a… Read More

Assault Conviction Overturned

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… Read More

Aggravated Felonious Sexual Assault — Conviction Reversed

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 fals… Read More

Cutting Edge Litigation on First Amendment Law

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

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 “thou… Read More
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