Multiple Drug Sale Convictions Overturned

Narcotics Distribution – Sale of Cocaine.

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

Recent Blog Posts

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

May

Victory on Appeal - Landmark Decision in Marital Case

May 26th, 2021

Cutting-Edge Victory on Appeal! On April 1, 2021, we won a major victory in the NH Supreme Court that made the national news, receiving coverage in the ABA Journal, NH Public Radio, the Union Leader newspaper, and elsewhere. We even found our way int… Read More

Apr

Appellate Decision of the Month - "Message Received!"

April 12th, 2021

The Recent 101 Ocean Blvd v. Foy Decision In 101 Ocean Blvd v. Foy, decided on March 19, 2021, the New Hampshire Supreme Court addressed a frequently recurring appellate issue: An attorney that made an improper “send a message” argument to the ju… Read More

Recent Case Results

Two Successful Results: Clients Both Avoid Felony DWI Convictions

In Littleton District Court, Client 1 charged with DWI-2d Offense, retains Ted Lothstein’s services. First, we win the ALS hearing on the merits (avoiding a consecutive 2-year license suspension). Then, at the time of trial, we secure a plea to a class B misdemeanor entitled “Reckless Conduct” which is not a motor vehicle offense – DWI-2d dismissed! This overall outcome saves Client 1 from a total five-year license revocation, mandatory jail time, mandatory 7-day residential program, and the mandatory ignition interlock program. Instead Client 1 receives no suspension of his driver’s license whatsoever! ALSO: Client 2 faces charge of felony DWI in Grafton County Superior Court. Attorney Lothstein secures a plea to a misdemeanor DWI offense. Result: Client 2 does not become a convicted felon, avoiding all the long-term stigma and civil disabilities associated with that status. 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

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

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