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Theodore M Lothstein

Theodore Lothstein’s Answers

3 total

  • My 17 year old son was charged with "Conduct After Accident" Is this a felony or a misdemeanor? Will this stay on his record?

    He rear ended a car and his brakes blew out and he traveled some 1/4 of mile after the accident before he could stop. The police claim he tried to flee the accident.

    Theodore’s Answer

    Conduct after an Accident is a major motor vehicle offense for purposes of NH's Habitual Offender law. It is a felony if the vehicle accident caused a person to suffer serious bodily injury. Otherwise, its a misdemeanor. The age to be prosecuted as an adult was recently raised by the NH legislature from age 17 to age 18 (but motor vehicle infractions can be prosecuted against people under 18 in adult court). Underage drivers face potential suspensions of license, both from the court if convicted, and administratively from the Department of Safety.
    If convicted of Conduct after an Accident, the conviction cannot be annulled for at least seven years after the conviction date.
    With all of these different issues in play - felony or misdemeanor, license suspension by court or administratively, the change in the age for adult criminal prosecutions, and a conviction remaining on record for at least 7 years, your son should retain a experienced criminal defense lawyer who also frequently handles motor vehicle administrative hearings at the Dept of Safety.

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  • When one does a crime how do they avoid being in the paper

    When one doesn't a crime how do they avoid being in the paper? How do they ask to not be in the paper.

    Theodore’s Answer

    Most criminal cases are not reported in the press, or at least not reported widely enough for most people to notice. Unfortunately, the First Amendment (right of free speech) protects newspapers and websites when they do publish information about a criminal case. This is true, even if you get the record of the case annulled. However, some websites will remove coverage, on request, after proof of an annulment is provided.
    The first key to avoiding press coverage is to avoid hiring a lawyer who may seek it out himself or herself. If the lawyer you meet seems like a showman, a big ego, a self-promoter, these are red flags for a lawyer that may talk to the press about your case and create additional publicity that you do not need.
    Beyond that, unfortunately, the answer to your question is that most, if not all, newspapers and websites will not honor a request by the accused or her family, to not publicize a criminal matter.

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  • Do I need to hire a lawyer for my son?

    My 20 year old son was arrested recently for 2 charges 1. possesion of a controlled drug and 2 transport of controlled drug. both misdemenor A's. He was honest with the officer and polite. He has never been in trouble with the law. He is a college...

    Theodore’s Answer

    Your son needs a lawyer for a number of reasons, the most concerning of which is that "mushrooms" were seized... if the results of analysis by the NH Forensic Laboratory come back positive for the controlled drug psylocybin, this could result in indictment by the Merrimack County Grand Jury for a felony charge. This is offered for informational purposes only and does not constitute legal advice pertaining to this specific case.
    My office is in Concord, I have 17 years criminal defense experience and 90percent of my caseload are criminal cases. I offer a 30 minute free consultation.
    Ted Lothstein 603-513-1919

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