Domestic Assault Charge — "Continued Without a Finding"

Concord District Court. On the morning of trial where Client faces domestic assault charge, prosecutor offers a “continued without a finding” disposition. Assuming Client satisfies certain rehabilitative conditions, Client will haveno conviction, will have no criminal record, and will avoid federal lifetime ban on gun ownership for domestic assault convictions.

Recent Blog Posts

May

4th Amendment Protects Unauthorized Driver of Rental Car

May 15th, 2018

On May 14, 2018, the United States Supreme Court unanimously held that the 4th Amendment right against unreasonable searches and seizures protects the driver of a rental car, even if the driver was not listed as an authorized driver on the rental agr… Read More

Mar

Marijuana Decriminalization- Saving Taxpayer $$, Better Government

March 22nd, 2018

The NHPR Story According to this news story from New Hampshire Public Radio, marijuana decriminalization has helped the State Forensic Laboratory massively cut its backlog on testing of seized substances from controlled drug arrests. That is good ne… Read More

Jan

NH House Committee Vote: Ban DUI Roadblocks

January 31st, 2018

Committee: Ban Roadblocks A NH House Committee voted 12-8 in favor of recommending passage of a Bill that would ban all so-called “DWI Checkpoints” – also known as DUI Roadblocks — in New Hampshire. Inefficient and Costly Cove… Read More

Recent Case Results

State Withdraws ALS, DWI Dismissed

The Grantham Police charge Client with DWI in the 5th Circuit District Division Newport Court, and she also faces a 6-month administrative suspension (ALS). Attorney Lothstein secures a plea agreement where the State withdraws the ALS, and the DWI is dismissed; instead, Client pleads guilty to Reckless Driving. Thus, no DWI, no criminal record, and the total license suspension is 90 days rather than the 9 months she was facing at the outset of litigation. Read More

State Drops Array of Five Motor Vehicle Charges Except for One

In Jaffrey-Peterborough District Court, Client faced an alarming array of criminal motor vehicle charges arising out of a single motor vehicle stop: DWI (0.15 breath test), Transporting Controlled Drug (marijuana) in a vehicle, Conduct After an Accident (leaving the scene of an accident), Possession of Marijuana, Transportation of Alcoholic Beverages in a motor vehicle. After negotiation, the State agreed to drop all charges except the DWI, and recommended the minimum sentence under law for that offense. After one year, Client will have only a violation, and no criminal convictions, on his record. Read More

Plea Agreement Means DWI Dismissed

The Bradford, NH Police arrest Client for DWI, and she provides a breath test of .08. Attorney Lothstein obtains a plea agreement in the Hillsborough District Court where the DWI is dismissed, and client pleads guilty to reckless operation, thereby avoiding a criminal record, avoiding a DWI conviction, and avoiding involvement in the costly and burdensome Impaired Driver Care Management Program (“IDCMP”). Read More