DWI Goes Away

The State Police charged Client with DWI in the 6th Circuit - District Division - Concord Court. Attorney Lothstein secured a plea to Negligent Operation, with a $500 fine; and as part of the plea, Client accepted the 6 month administrative suspension. No DWI, no criminal record, and the resulting offense does not even require Client to be a probationary driver for five years, like some other major motor vehicle offenses!

Jul

Ted Lothstein presenting at CLE By the Sea

July 13th, 2023

Ted Serving as Faculty for Newburyport Continuing Legal Education Seminar On July 20, 2023, Ted Lothstein will be a faculty member at the annual “CLE By the Sea” in Newburyport, Massachusetts. Topic: Evolving Judicial Attitudes Towards Ra… Read More

May

Jury Trial over shooting in self-defense at post office ends in mistrial

May 15th, 2023

Last week, Ted Lothstein was up in Grafton County Superior Court for a jury trial that was supposed to last four days – but ended unexpectedly with a mistrial on the second day. Ethical rules prohibit lawyers from making public statements about… Read More

Apr

Hat Trick for LG: 5 Days, 3 Victories

April 10th, 2023

Firm Wins NH Supreme Court Appeal. On March 30, 2023, in State v. Tufano, an appeal case handled by Ted Lothstein, the NH Supreme Court reversed a conviction for cruelty to animals arising out of a very unusual fact pattern. The accused was seen by n… Read More

Manslaughter — Conviction Reversed

The defendant — accused of shooting the unarmed victim five times — faced homicide charges for shooting his brother after his brother had gone on a rampage in the family home, destroying property, bullying their mother and threatening to kill not only his family, but any police officers that might try to intervene.The trial judge in Sullivan County Superior Court refused to allow the defendant to claim he acted in self-defense, however, because when he shot his brother five times, his brother was unarmed.The Court reversed the conviction for Manslaughter!Right Vindicated: The right to defend oneself and one’s family with deadly force when terrorized in one’s own home.Read NH appeal attorney Ted Lothstein’s Brief on AppealRead the Court’s Decision Overturning the Conviction. State v. Ethan Vassar,154 N.H. 370 (2006). Read More

Sexual Assault Charge Dropped

Strafford County Superior Court. The State charged Client with aggravated felonious sexual assault in the Strafford County Superior Court. The County Attorney gloated to the jury in his opening statement that this was the only adult rape case he could remember where there was a third-party eyewitness — another woman who claimed to have walked in on Client violently sexually assaulting his girlfriend. Ted Lothstein, through discovery proceedings, gained access to mental health records casting doubt on the eyewitness’s credibility, and used them during cross-examination of this supposedly-neutral eyewitness. At trial, even with both women testifying against Client, a divided jury could not reach a verdict, and the State later dropped the charge. 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

Lothstein Guerriero, PLLC

5 Green Street

Concord, NH 03301

Phone: (603) 513-1919

Fax: (603) 218-6503

Lothstein Guerriero, PLLC

Chamberlain Block Building

39 Central Sq., Suite 202

Keene, NH 03431

Phone: (603) 352-5000

Fax: (603) 218-6503

DWI Goes Away

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