Operating After Certification as Habitual Offender Charge Reduced to a Misdemeanor

Hillsborough Superior Court (North). Client faced a felony charge of Operating After Certification as an Habitual Offender, which carries a mandatory minimum one year jail sentence. Ted Lothstein, at the final pretrial, persuaded the prosecution to agree to drop the felony charge, and allow Client to plead guilty to a misdemeanor charge carrying far less jail time.

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

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

Plea Bargain Saves Client from Mandatory Jail Time and Ignition Interlock

Franklin, NH Police arrested Client for DWI – with a .29 blood alcohol concentration (almost double the Aggravated limit and nearly four times the legal limit of .08). Nevertheless, Attorney Lothstein secured plea bargain in Franklin District Court where client pled guilty to DWI first offense. This prevented a conviction for Aggravated DWI and saved client from mandatory jail time and mandatory one year ignition interlock. Read More

State Drops Array of Five Motor Vehicle Charges Except for One

In Jaffrey-Peterborough District Court, Client faced an alarming array of criminal motor vehicle charges arising out of a single motor vehicle stop: DWI (0.15 breath test), Transporting Controlled Drug (marijuana) in a vehicle, Conduct After an Accident (leaving the scene of an accident), Possession of Marijuana, Transportation of Alcoholic Beverages in a motor vehicle. After negotiation, the State agreed to drop all charges except the DWI, and recommended the minimum sentence under law for that offense. After one year, Client will have only a violation, and no criminal convictions, on his record. Read More

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Operating After Certification as Habitual Offender Charge Reduced to a Misdemeanor

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