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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.
Jury Acquits of Burglary Charge
Carroll County Superior Court. A Client on parole for a hotel burglary was charged with a hotel burglary. Ted Lothstein, during a deposition of a police chief, uncovered damaging information about the eyewitness’s credibility that had never been disclosed by the prosecution. The jury returned with an acquittal after just fifteen minutes deliberation. Upon finishing his sentences, Client now lives happily on Cape Cod with his family … and sends Lothstein a holiday card every year!
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Our Client's Marijuana Possession Case Dismissed — Co-Defendant with a Different Lawyer is Convicted!
Two friends, caught in a car smoking marijuana by police officers, face same charge: marijuana possession. Co-defendant, represented by another lawyer, files no motions, pleads guilty, and now has a criminal conviction on his record. Our Client, represented by Ted Lothstein, files a motion to suppress claiming the police violated his constitutional rights by searching the car without a warrant. After a hearing in Manchester District Court, and after Attorney Lothstein cross-examines the arresting officer, Judge Champagne grants the motion to suppress – case dismissed!
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Domestic Violence Case Dismissed
New London (now Newport) District Court. The State charged Client with domestic violence simple assault, based on his girlfriend’s accusations to police — and despite her almost immediate recantation of those accusations. On the day of trial, when Client made clear that he would not plead guilty to any charge, the State elected to drop the charges altogether. Case dismissed!
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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.
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Conspiracy to Commit Burglary Reduced to Misdemeanor Criminal Trespass — No Jail Time
Hillsborough Superior Court (North). Client faced charges of conspiracy to commit burglary, and burglary of a residential home, in a case where one of the co-conspirators directed her actions by telephone from his home – the New Hampshire State Prison. Represented by Ted Lothstein, Client secured an agreement where she was allowed to plead guilty only to misdemeanors alleging criminal trespass, and she served no jail time. She avoided the stigma and collateral consequences – including lifetime gun ownership prohibition – of becoming a convicted felon.
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Felony Charge Reduced to Misdemeanor — No Jail Time
Coos County Superior Court. Grand Jury charged Client with felony for bringing drugs into the Berlin State Prison visiting room. Prosecution, after negotiations, agreed to let Client plead guilty to misdemeanor with no jail time.
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Client Released from Detention During Methamphetamine Charge Investigation
United States District Court of NH. Attorney Lothstein wins release of Client, detained over six months in multi-defendant cross-border prosecution of Massachusetts and New Hampshire residents alleged to conspire to manufacture methamphetamine over a 3 year period.
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Felony Charges Reduced: Client Serves Only 3 Weekends in Jail
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.
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Drug Possession Charge Reduced to Misdemeanor: No Jail Time, No Probation
Concord District Court. Client, a college student, charged with felony possession of controlled drug. Prosecution reduces charge to misdemeanor, no jail time, no probation.
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Leaving the Scene of an Accident Charge Placed on File
Laconia District Court. Charge of leaving the scene of an accident placed on file without a finding.
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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.
