Drug Possession Charge Reduced to Misdemeanor: No Jail Time, No Probation

Concord District Court. Client, a college student, charged with felony possession of controlled drug. Prosecution reduces charge to misdemeanor, no jail time, no probation.

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Feb

Mass. Appeals Ct Suppresses Evidence from Pretextual Vehicle Stop

February 25th, 2021

In Commonwealth v. Lek, the Massachusetts Appeals Court issued a major decision earlier this month that curtails the ability of the police to make pretextual stops, find a reason to arrest the driver, and then search his car. Surprise! – Pretex… Read More

Feb

Drug Convictions Reversed due to Trial Judge's Biased Comments

February 4th, 2021

The Case and Ruling In late December, in United States v. Raymundi-Hernandez, the 1st Circuit Court reversed not only Mr. Raymundi-Hernandez’s conviction for narcotics trafficking, but convictions of three other codefendants / alleged coconspir… Read More

Jan

2020- Year in Review for the Criminal Justice System

January 24th, 2021

The January 20, 2021 issue of the New Hampshire Bar News printed excerpts from an article that Kaylee Doty and I wrote, “The Criminal Justice System in 2020 – A Year Like No Other”. You can read the excerpted article in the newspape… Read More

Recent Case Results

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

DWI and Transporting Drugs Both Go Away in Lebanon Circuit Court

The Lebanon Police charged Client in the 2d Circuit – District Division – Lebanon Court with DWI, which carries an absolute minimum 90 day license suspension, AND transporting marijuana, a major motor vehicle offense that carries a mandatory 60 day license suspension. On the brink of trial, the State accepts a negotiated plea where Client pleads guilty only to possession of marijuana, an offense which is not within the motor vehicle code, and pays a fine. No DWI, No Transporting, No License Suspension Whatsoever! Read More

Multiple Drug Sale Convictions Overturned

Narcotics Distribution – Sale of Cocaine.Multiple drug sale convictions overturned on appealRight Vindicated: Fair Trial – Requiring Severance (separate trials) of 4 drug salesRead the Court’s Decision Overturning the Conviction. State v. Sean Brown, 156 N.H. 440, 938 A.2d 909 (2007). Read More

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Drug Possession Charge Reduced to Misdemeanor: No Jail Time, No Probation

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