New Hampshire Case Victories

Grafton County Superior Court, N. Haverhill, NH. Client, a student at Plymouth State University, was prosecuted after selling drugs to an undercover officer just off campus. The Grafton County Attorney's Office argued that client should serve 6 months in jail. In May, 2016, Attorney Ted Lothstein successfully argued that that because client had no prior record, had graduated from college, and had secured a good job, the Court should put him on probation rather than sending him to jail.  Read More

On March 28, 2017, the Merrimack County Superior Court granted a 54-page Motion for New Trial that we filed on behalf of a client who had been convicted of Aggravated Felonious Sexual Assault and sent to prison. This victory resulted in the immediate release of our client from prison. The victory also received widespread press coverage in the Concord Monitor, WMUR and other media outlets. For more details, and to access the press coverage, click here. Read More

In the 3d Circuit-District Division-Ossipee Court, the Moultonborough Police Department investigated Client and several others, accusing them of Burglary and Theft, for breaking into a commercial building and stealing items including bottles of alcoholic beverages. Client was also investigated for Criminal Mischief, for throwing eggs at cars in an unrelated incident on a different date. If convicted of Burglary, this young client would have become a convicted felon, and possibly gone to jail, with a ruinous impact on his future.  Instead, Attorney Lothstein secured a plea to the class B misdemeanor of Criminal Trespass. This is the lowest-level misdemeanor in NH law - the only possible punishment is a fine. A second class B misdemeanor for Criminal Mischief was placed on file without a finding (no conviction). Client paid a fine, and paid restitution for damage to the commercial building and the vehicle that was struck by eggs. Because there was no felony conviction, no probation, and no suspended sentence, Client will be eligible for complete annulment of the record of arrest and conviction in just three years. The waiting period easily could have been as long as 10 years or more if he had been convicted of a felony, depending on the terms of the sentence. Read More

Charlestown Police Department stop Client after observing what they believe to be suspicious behavior in a neighborhood that had multiple burglaries in recent weeks, and charge Client with Aggravated DWI based on breath test over .16. After Attorney Lothstein files motion to suppress the stop, prosecutor gives Client opportunity to plead guilty to reckless operation, and dismisses the Aggravated DWI charge, saving Client from mandatory jail time, mandatory minimum one year license revocation, mandatory ignition interlock for one year! Read More

Enfield Police Department stop Client for driving with a seemingly defective headlight, late at night in a neighborhood recently plagued by vandalism. Attorney Lothstein files motion to suppress the stop, and subsequently, prosecutor allows Client to plead guilty to lesser offense, negligent operation. Read More

Pelham police arrest Client for DWI following a traffic stop for weaving. The cruiser video shows that Client did not cross the center line a single time. Client’s DWI is dismissed and Client is allowed to plead guilty to negligent operation, a much less serious offense.  Read More

State Police arrest Client after he is stopped in a DWI roadblock and blows a breath test over the legal limit. Judge Rappa holds that the investigating officer did not have sufficient suspicion to justify removing driver from the vehicle for field sobriety tests, and grants motion to suppress all evidence that follows, including the breath test. This results in dismissal of the charge. Read More

Concord Police Officer stops Client and charges Client with DWI after observing Client drive in circles late at night, seemingly lost, with a plate light out. Attorney Lothstein files motion to suppress the vehicle stop. Subsequently, prosecutor gives Client the opportunity to plead to a lesser offense, with the DWI dismissed. This plea saves Client’s commercial driver’s license. An administrative hearing convened to suspend Client’s commercial driver’s license for one year results in no suspension at all because Client did not get convicted of DWI, and did not sustain a DWI administrative suspension. Read More