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• Return to Criminal Defense main page
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Featured Case:
February 17, 2010. Attorney Lothstein convinces Merrimack County Attorney's Office and State Police to dismiss felony witness tampering and misdemeanor domestic assault charges against B.P. At the outset of the case, the complainant brought a restraining order in Newport District Court. Attorney Lothstein
cross-examined B.P.'s accuser, spotlighted multiple contradictions in her story, exposed her motive of revenge for a failed relationship, and persuaded a
district court judge to dismiss the restraining order she brought against B.P.
No restraining order, no lifetime ban on gun ownership, no felony, no criminal charges at all - 100% exonerated.
No case could serve as a better example – it really matters, who you choose for your lawyer. |
CASE EXAMPLES |
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April 9, 2010. On the morning of trial, prosecutor in Concord District Court
agrees to give S.H., charged with domestic assault, a "continued without a finding" disposition. Assuming S.H. satisfies certain rehabilitative conditions, S.H. will have no conviction, will have no criminal record, and will avoid federal lifetime ban on gun ownership for domestic assault convictions.
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March 30, 2010. Hillsborough North Superior Court. Prosecution drops felony possession of marijuana with intent to distribute charge against S.D., allows her to plead to misdemeanor. She serves no jail time, no probation.
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March 23, 2010. Laconia District Court. Charge of leaving the scene of an accident placed on file without a finding.
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March 8, 2010. Concord District Court. M.M., a college student, charged with felony possession of controlled drug. Prosecution reduces charge to misdemeanor, no jail time, no probation.
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March 4, 2010. Merrimack County Superior Court. D.S. 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 D.S. to enter the Merrimack County Adult Diversion Program, felony drug charge reduced to misdemeanor, D.S. serves 3 weekends in jail.
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Jan. 6, 2010. United States District Court of NH. Attorney Lothstein wins release of M.C., 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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Dec. 8, 2009. Coos County Superior Court. Grand Jury charged L.H. with felony
for bringing drugs into the Berlin State Prison visiting room. Prosecution, after negotiations, agreed to let L.H. plead guilty to misdemeanor with no jail time.
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Nov. 6, 2009. Hillsborough Superior Court (North). A.M. faced charges of conspiracy to commit burglary, and burglary of a residential home, in a case where one of the coconspirators directed her actions by telephone from his home - the New Hampshire State Prison. Represented by Ted Lothstein, A.M. 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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October 15, 2009. Hillsborough Superior Court (North). C.S. 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 C.S. to plead guilty to a misdemeanor charge carrying far less jail time.
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September 9, 2009. New London (now Newport) District Court. The State charged A.O. 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 A.O. 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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Jan. 6, 2009 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.
M.M., 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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In State v. Ray F., a client on parole for a hotel burglary was charged
with a hotel burglary in Carroll County Superior Court. 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,
Ray F. now
lives happily on Cape Cod with his family… and sends Lothstein a holiday
card every year!
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In State v. Edmour L., the State charged Edmour L. with aggravated felonious
sexual assault in the Strafford County Superior Court. The County Attorney gloated
to the jury in his opening statement that this was the only adult rape case he could
remember where there was a third-party eyewitness — another woman who claimed
to have walked in on Edmour L. violently sexually assaulting his girlfriend. Ted Lothstein,
through discovery proceedings, gained access to mental health records casting doubt
on the eyewitness’s credibility, and used them during cross-examination
of this supposedly-neutral eyewitness. At trial, even with both women testifying against Edmour L., a divided
jury could not reach a verdict, and the State later dropped
the charge.
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In State v. Glen C.., the State charge Glen C.. with first degree assault based
on a stabbing that occurred outside a restaurant/bar in Concord. Ted Lothstein argued
that Glen C.. acted in self-defense, protecting himself from a drunken thug. The jury
acquitted Glen C..
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In State v. Antoine L., the State charged Antoine L. with simple assault based on
eyewitnesses, including an off-duty police officer, who swore that during a bar fight,
Antoine L. walked up to a man already unconscious in the gutter and brutally stomped on
the
man’s head. Ted Lothstein argued that Antoine L. acted in self-defense, and that the
eyewitnesses were mistaken. The jury acquitted Antoine L. of simple assault and
convicted
him of the violation-level offense mutual combat, and Antoine L. paid a small fine.
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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 has seen plenty of juries vote to convict. From both
his victories and his defeats, Ted Lothstein has 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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Copyright 2008, All rights reserved
info@lothsteinlaw.com |
58 Pleasant Street | Concord, NH 03301
603-513-1919 | (f) 603-218-6503 |
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