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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.
DWI Goes Away
The State Police charged Client with DWI in the 6th Circuit - District Division - Concord Court. Attorney Lothstein secured a plea to Negligent Operation, with a $500 fine; and as part of the plea, Client accepted the 6 month administrative suspension. No DWI, no criminal record, and the resulting offense does not even require Client to be a probationary driver for five years, like some other major motor vehicle offenses!
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Drug Possession Charge Reduced to Plea to a Non-Criminal Violation
Lebanon District Court. Enfield Police Department charged Client with Possession of Controlled Drug in a Motor Vehicle (marijuana), a major motor vehicle offense and class B misdemeanor crime. Attorney Lothstein secured plea to possession of controlled drug as a non-criminal violation. Client paid a fine, was saved from having a criminal record, and was spared the mandatory 60 day license loss that comes with a conviction for possession in a motor vehicle.
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Not Guilty of DWI in Laconia Circuit Court
In the 4th Circuit - District Division - Laconia Court, Ted Lothstein represented Client, charged by the Laconia Police Department with driving while intoxicated, class B misdemeanor. After a full trial, Judge Carroll found Client not guilty of DWI. Vindicated!
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Two DWIs Go Away in One Day!
In the 6th Circuit – District Division – Concord Court, Ted Lothstein represented Client, charged by the State Police with Underage DWI, an offense that carries a mandatory minimum one year license revocation, AND Transportation of Marijuana, which carries an additional 60 day mandatory license revocation. Lothstein secured a plea to Reckless Operation – cutting his license suspension time in half (to 6 months), and avoiding a DWI conviction. The marijuana charge was referred to the FAST program, an alternative disposition program in Concord that allows people charged with first-offense drug possession and other offenses to get their charges dismissed after completing the program. So, Client now has an opportunity to avoid a DWI, and avoid a drug conviction, and avoid having any criminal record.That same day, in the 2d Circuit – District Division – Lebanon Court, Ted Lothstein represented Client, who was similarly charged with both DWI and Possession of Controlled Drug (Marijuana). Lothstein secured a plea toReckless Operation, with a total license suspension of 8 months (including the ALS), with the DWI charge dismissed, AND the drug charge dismissed!
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Reckless Operation Plea Avoids DWI and Drug Convictions
Lebanon Police Department charges Client with DWI and Transporting Controlled Drug (Marijuana). Ted Lothstein secures plea to Reckless Operation, with the DWI and Transporting Controlled Drug charges dismissed. Thereby, our firm saves Client from a DWI conviction, and saves him from having a drug conviction on his record.
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Aggravated DWI Dismissed
Jaffrey, NH Police charge Client in the 8th Circuit – District Division – Jaffrey Court with Aggravated DWI (for eluding pursuit by police when then blue lights came on), Reckless Operation (going over 100mph), andDisobeying a Police Officer (for not stopping). The Aggravated DWI would have carried mandatory jail time,mandatory one year license revocation, and mandatory one year ignition interlock. Lothstein secured a plea to Reckless Operation and Disobeying a Police Officer – Aggravated DWI dismissed! No jail, no ignition interlock, and a total license suspension of 8 months (60 days from the Court, 6 months for the ALS).
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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).
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Plea to Non-aggravated First Offense DWI Negotiated — Absolute Minimum Sentence Under Law
Nashua Police charge Client in the Nashua Circuit Court with Aggravated DWI, based on a .22 blood alcohol concentration (the threshold for Aggravated DWI is .16 BAC or higher), and the State files for a 180 day ALS suspension, because the .22 is far over the legal limit of .08. Client hires Attorney Lothstein, who negotiates a plea to non-aggravated first offense DWI, with the absolute minimum sentence under law – Client may restore license in 90 days – and the State will withdraw the 180 day ALS suspension. This plea saves client from mandatory jail time and a mandatory one year loss of license, both required for Aggravated DWI.
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DWI Lowered to Reckless Driving
Gilmanton, NH Police charge Client with DWI in the 4th Circuit – District Division – Laconia Court. Attorney Lothstein secures a plea to Reckless Driving, saving Client from having a DWI conviction on his record for 10 years, and saving Client from having to do the onerous and costly Impaired Driver Care Management Program that is required for all DWI convictions.
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DWI Charge Reduced to Plea to Reckless Operation
Attorney Lothstein represented Client in the Lebanon Circuit Court. The Lebanon Police had charged client with DWI, after he blew a breath test substantially over the legal limit. Attorney Lothstein secured a plea to Reckless Operation and also reached agreement that, after 4 months of license suspension, the State would withdraw the 6 month ALS suspension for blowing over the legal limit. This plea agreement saved Client from having a criminal record, saved him from having a DWI on his record for 10 years, saved him from having to participate in the onerous and costly Impaired Driver Care Management Program, and shortened his license suspension. Further, because Client’s home state of Connecticut does not reciprocate these types of license suspensions (but does reciprocate a DWI suspension), he will have no license suspension in his home State! Attorney Lothstein is licensed to practice in Connecticut and New York, maintains many contacts in these States, and this helps him serve these out-of-state clients.
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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.