Earlier on this page, we reported that Ted Lothstein has been in a First Degree Assault jury trial all week in the Hillsborough County Superior Court-South in Nashua, representing Cyrinus Franklin “Frank” Morris. The Nashua Police and Hillsboroug…
Ted Lothstein’s role defending a Nashua man charged with First Degree Assault in a jury trial this week has been covered twice this week by the Nashua Telegraph. (The defense team, contrary to the article, did not include anybody named “D…
The Victory on Appeal
In October, I posted about our victory on appeal in the Afshar case, based on the misconduct of a biased juror. After a therapist was convicted by juror of assaulting a young patient in his office, he hired our firm, we conducte…
Merrimack County Superior Court. Client charged with two felonies: burglary of a commercial building and, while on bail for that charge, possession of marijuana with intent to distribute. Burglary dismissed to allow Client to enter the Merrimack County Adult Diversion Program, felony drug charge reduced to misdemeanor, Client serves 3 weekends in jail.
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.