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!

Recent Blog Posts

Aug

1st Circuit "on a tear"...

August 19th, 2021

Three Sentencing Reversals in One Day Yes, on August 16, 2021, the 1st Circuit Court of Appeals in Boston went “on a tear” …. tearing up the sentences imposed by lower court judges in three different cases. These decisions illustrat… Read More

Aug

Another victory for Kaylee!

August 12th, 2021

Attorney Kaylee Doty’s Winning Streak Kaylee Doty has had quite a run in stalking and restraining order hearings. Five such cases in 2021, only one resulted in a final Order, and for very specific reasons, client agreed not to contest that one.… Read More

Jul

4th Consecutive Jury Trial Not Guilty on Domestic Violence Charges

July 28th, 2021

Last week, on July 23, 2021, Richard Guerriero won a big victory for his client. After a trial in which both accuser and the accused took the stand, the jury found the accused NOT guilty of False Imprisonment, and NOT guilty of Simple Assault, the tw… Read More

Recent Case Results

Underage DWI Goes Bye-Bye

The Conway Police Department charged Client in the 3d Circuit - District Division - Conway Court with Underage DWI, a criminal offense that carries a mandatory minimum one year license suspension. Attorney Lothstein, co-counsel with a terrific north country attorney named Ed Alkalay (read more here), secures a plea to Reckless Operation. This shortens the license suspension to 8 months (taking into account the ALS) and saves the young Client from having a criminal record! Read More

DWI Lowered to Reckless Driving

Gilmanton, NH Police charge Client with DWI in the 4th Circuit – District Division – Laconia Court. Attorney Lothstein secures a plea to Reckless Driving, saving Client from having a DWI conviction on his record for 10 years, and saving Client from having to do the onerous and costly Impaired Driver Care Management Program that is required for all DWI convictions. 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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