We practice statewide in New Hampshire. How can we help?

New Hampshire Case Victories

With over 50 combined years of experience, New Hampshire criminal defense attorneys Ted Lothstein and Richard Guerriero have fought on behalf of thousands of clients in New Hampshire’s District Courts and Superior Courts, and have handled over 100 appeals in the New Hampshire Supreme Court. See a sampling of our successful cases below. Or read specifically about our criminal defense victories, our victories in DWI / DUI / OUI cases, or our victories on appeal, including cutting edge litigation that has established important New Hampshire legal precedents.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Drug Felony Reduced to Misdemeanor, No Jail Time

Our client was charged with Attempted Sale of Narcotic Drugs, a class B felony, based on an undercover investigation by the NH State Police. An affidavit filed with the Court alleged that client had agreed to sell narcotic drugs to an undercover informant supervised by the Drug Task Force, took the money for the drugs, but then fled and never supplied the drugs. Client retained Ted Lothstein of Lothstein Guerriero, PLLC. After negotiation, we were able to secure a plea to a misdemeanor theft, with a jail sentence that was fully suspended, conditioned on payment of $500 restitution to the NH Drug Task Force. In March, 2016, Judge Tucker of the Merrimack County Superior Court accepted the plea agreement. For client, this meant no felony conviction, no jail time, no probation. A very good outcome! Read More

Selling Drugs at Plymouth State, No Jail Time

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

Freed from Prison - Juror Misconduct

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

Felony Arrest, No Felony Conviction, No Jail Time

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

Suppression Motion Saves Client from Mandatory Jail Time and 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

Motion to Suppress Traffic Stop Sways Prosecutor

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

DWI Reduced to Plea to Negligent Operation

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

Breath Test Evidence Suppressed: DWI Charge Dismissed

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

Motion to Suppress Evidence of Vehicle Stop Results in Dismissal of DWI Charge

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

Client Found Not Guilty of DWI at Trial

The State charged Client with DWI; the officer testified after he pulled Client over, he smelled of alcohol, and was stumbling, slurring, and nearly passing out. Ted Lothstein persuaded the jury that Client’s symptoms were the result of a hypoglycemic reaction related to Client’s type-2 diabetes. The jury found Client not guilty. Read More

These victories do not predict the outcome of your case. Like most lawyers who are not afraid to try a case, Ted Lothstein and Richard Guerriero have both seen plenty of juries vote to convict. From both victories and defeats, Ted Lothstein and Richard Guerriero have gained the experience and wisdom to guide a client through the process of exposing the weaknesses and strengths both of the prosecution’s case and of the available defenses, with the ultimate goal of achieving the best possible outcome - which may be a trial, or a negotiated settlement, a choice only the client can make.

For More Information

  • This field is for validation purposes and should be left unchanged.

closeClose