New Hampshire Case Victories

With over 50 combined years of experience, New Hampshire criminal defense attorneys Ted Lothstein and Richard Guerriero have fought on behalf of thousands of clients in New Hampshire’s District Courts and Superior Courts, and have handled over 100 appeals in the New Hampshire Supreme Court. See a sampling of our successful cases below. Or read specifically about our criminal defense victories, our victories in DWI / DUI / OUI cases, or our victories on appeal, including cutting edge litigation that has established important New Hampshire legal precedents.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Robbery and First Degree Assault — Convictions Reversed

On June 9, 2009, in an appeal briefed by Ted Lothstein, the Court reversed these serious felony convictions because the Manchester Police went into the accused’s home without getting a warrant from a judge. “The search of a home is subject to a particularly stringent warrant requirement because the occupant has a high expectation of privacy. To have it otherwise would be to obliterate one of the most fundamental distinctions between our form of government, where officers are under the law, and the police-state where they are the law.“ Read Ted’s Brief on Appeal Read the Court’s Decision. State v Scott Robinson Read More

Underage DWI Charges Dismissed

In Concord District Court, on the day of trial, prosecution offers and Client accepts plea to reduced charge of reckless driving. DWI charges dismissed! Because it’s an underage DWI, this victory reduces Client’s license loss by 10 months. Read More

Vehicular Manslaughter and Vehicular Negligent Homicide — Convictions Reversed

On April 8, 2009, in a landmark decision, the NH Supreme Court reversed convictions arising out of a tragic automobile accident, because the evidence failed to establish that the victim was born alive. Right Vindicated: Although a very close case, here the prosecution failed to Prove Guilt Beyond a Reasonable Doubt. Read NH appeal attorney Ted Lothstein’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. Joshua Lamy (2009). Read Coverage of this Victory in the Concord Monitor Read More

DWI-3d Offense Reduced to Simple DWI, Administrative Suspension Withdrawn

Derry District Court – State v. Client – Negotiated Plea reached – DWI, third offense, reduced to simple DWI, and administrative license suspension for test refusal withdrawn. Client avoids a mandatory 7 year total license loss and mandatory 37 days in jail, and instead receives 12 month license loss and a fine. Read More

Cutting Edge Litigation on The Right Against Double Jeopardy

In State v. Ernest Solomon, 156 N.H. _, 943 A.2d 819 (2008), for the first time in any American court, the NH Supreme Court held that the accused’s right to be free of double jeopardy was violated when, in the middle of his trial, his trial judge departed for military duty overseas and another judge declared a mistrial with intention to begin the trial anew. Read More

Assault Conviction Overturned

Simple Assault - alleged Domestic Assault. Right Vindicated: The Double Jeopardy Right – the principle that the government cannot try and re-try the accused in forum after forum until it gets the verdict it wants. Read Ted’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. Ernest Solomon,156 N.H., 943 A.2d 819 (2008). Read More

Aggravated Felonious Sexual Assault — Conviction Reversed

In 2008, Ted Lothstein won a reversal on appeal where the accused was charged with Aggravated Felonious Sexual Assault (alleged sexual assault of an adult), and the trial judge in Merrimack County Superior Court refused to allow cross-examination of the complainant regarding her prior false accusation of rape against another man. The reversal in State v. Kornbrekke was the first time that the Court had ever reversed a rape conviction based on this type of limitation of the right to confront one’s accuser at trial. Read NH appeal attorney Ted’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. Karl Kornbrekke,156 N.H. 821 (2008). Read More

Cutting Edge Litigation on First Amendment Law

In State v. Marshall Zidel, 156 N.H. 684, 940 A.2d 255 (2008), the NH Supreme Court became the first in the nation to hold that a prosecution for child pornography for “collaged” images violated the accused’s free speech and privacy rights. Read More

Possession of Child Pornography Conviction Violated First Amendment

Possession of Child Pornography - court holds prosecution of accused for “collaged” images violated First Amendment. In this landmark First Amendment decision, the first of its kind in the United States, the Court held that the government could not prosecute a man for the “thought crime” of collaging together images where no child was actually exploited or harmed. This is precisely why people turn to appeal attorneys in New Hampshire and elsewhere. Right Vindicated: First Amendment — Freedom of Speech and Freedom of Thought Read Ted’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. Marshall Zidel,156 N.H. 684, 940 A.2d 255 (2008). Read More

Aggravated DWI Dropped, Reckless Driving Plea Instead

In the Exeter District Court, Client was charged with aggravated DWI, an offense carrying mandatory jail time upon conviction, based on the allegation that she drove under the influence of drugs with her ten-year-old son in the car. Ted Lothstein argued that the arresting officer initially noticed nothing unusual and even let defendant drive a short distance, did a shoddy investigation, and made critical mistakes when administering the warnings related to a blood test. On the day of trial, after the defense rejected the State’s offer of a first offense DWI, the State agreed to drop all New Hampshire DUI charges and settle the case as a reckless driving plea and conviction. Read More

These victories do not predict the outcome of your case. Like most lawyers who are not afraid to try a case, Ted Lothstein and Richard Guerriero have both seen plenty of juries vote to convict. From both victories and defeats, Ted Lothstein and Richard Guerriero have gained the experience and wisdom to guide a client through the process of exposing the weaknesses and strengths both of the prosecution’s case and of the available defenses, with the ultimate goal of achieving the best possible outcome - which may be a trial, or a negotiated settlement, a choice only the client can make.

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