Client Acquitted of Assault Based on Self-Defense Argument

Merrimack County Superior Court. The State charged Client with first degree assault based on a stabbing that occurred outside a restaurant/bar in Concord. Ted Lothstein argued that Client acted in self-defense, protecting himself from a drunken thug. The jury acquitted Client.

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Sentence Reduction Under 3582c1A for Extraordinary and Compelling Reasons

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U.S. v. Urkevich order, 03-cr-00037, Nebraska District Court, link to the order here: Urkevick order c1A Read More

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30 Days Deprivation of Liberty Not Enough for Assaulting Libertarian

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The Court Ruling The 6th Circuit Court of Appeals ruled this week that a sentencing judge gave too lenient a sentence – 30 days in jail – to the man who assaulted the world’s most famous libertarian, Senator Rand Paul. Senator Paul&… Read More

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State Police Roadblock coming to Bedford this week

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DWI ROADBLOCK COMING According to patch.com, the New Hampshire State Police, Troop B have announced they will run a roadblock “DWI checkpoint”) in the Bedford area this week. Usually, “this week” means Friday or Saturday eveni… Read More

Recent Case Results

New Trial, then Dismissal, for Therapist Wrongfully Accused

10/12/2018: In our most recent and perhaps our greatest victory, we won an appeal granting a new trial to a beloved and esteemed therapist wrongfully accused of sexual assault by a client. On October 12, 2018, the New Hampshire Supreme Court upheld a critical victory we had already won in the Superior Court - a victory that freed a therapist from prison who had been wrongfully accused of sexual assault by a client, and cleared his name. The Court held that the Superior Court was right to vacate the jury verdicts and sentences, and grant a new trial, for the therapist because juror bias infected the proceedings, resulting in an unfair trial. On October 17, 2018, the Merrimack County Attorney's Office issued a press release, announcing the State would not bring the case to trial again. Instead, the State dismissed the charges. Read More about Dr. Afshar's Case Read More

Aggravated DWI Dropped, Reckless Driving Plea Instead

In the Exeter District Court, Client was charged with aggravated DWI, an offense carrying mandatory jail time upon conviction, based on the allegation that she drove under the influence of drugs with her ten-year-old son in the car. Ted Lothstein argued that the arresting officer initially noticed nothing unusual and even let defendant drive a short distance, did a shoddy investigation, and made critical mistakes when administering the warnings related to a blood test. On the day of trial, after the defense rejected the State’s offer of a first offense DWI, the State agreed to drop all New Hampshire DUI charges and settle the case as a reckless driving plea and conviction. Read More

Multiple Felony Convictions Vacated

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

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