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Case Results
Below is a small sample of criminal defense cases we have handled. Reis & O'Keefe are proud to have achieved positive outcomes for so many deserving clients. Please keep in mind that the success of any case depends on its unique facts and circumstances. No lawyer can guarantee future results based on past successes they have achieved. All case listed below are from October 2019 through present day, results prior to the formation of our firm are not included.
DWI dismissed in favor of Reckless Driving
DOVER DISTRICT COURT
We are very pleased that after several months of litigation and negotiation our client's DWI charge was dismissed and he was found guilty of reckless driving. It is important to understand in DWI charges there are typically two separate possibilities for clients to have their license or privilege to drive in New Hampshire suspended. One flows from DMV regulations that provide a 6-month suspension for refusal of a breath or blood test or a test over the legal limit. A blood result of .08 or higher and a breath result of .09 or higher will trigger an administrative license suspension (ALS) from the DMV. This suspension is 6 months for a first action and 2 years for a second refusal or qualifying test result. It is important to understand that prosecutors have discretion to withdraw the administrative suspension if one pleads guilty to DWI or there is an error of law in the case that gave rise to the refusal or test over result. Lastly, court suspensions for any conviction (not just DWI) will run consecutively with an ALS if the client refused the chemical test and concurrently with the court suspension if the client consented to a chemical test which yielded a qualifying result.
Assault case dismissed at trial
PORTSMOUTH DISTRICT COURT (October 2023)
We are very pleased for our client that his charges were dismissed at trial following a contested pre-trial hearing. This was a family dispute with very different perceptions from multiple witnesses that culminated with a dismissal at the beginning of trial after several interviews and pre-trial litigation.
Client Acquitted by Jury on Charges Carrying Life In Prison
State v Francis Gilmore - indictments
MARCH, 2024 (Strafford Superior Court, Dover, NH)
Our firm's two partners Kevin O'Keefe and James Reis secured not guilty verdicts on all charges against Mr. Gilmore. If convicted, he faced life in prison. We picked a jury 6 years to the day from the allegations which were based on events that happened on March 3rd and
4th of 2018. The dates became important at trial.
Our client was indicted in October of 2019 on two counts of death resulting, for having his girlfriend deliver drugs to the home of the
two decedents. Death resulting is an offense punishable by up to life in prison in New Hampshire. It is extremely important to have an experienced New Hampshire criminal defense attorney because most accused of this crime are held without bail pending trial. Thankfully, this client was free on personal recognizance bail.
Voir dire and jury selection in this case was critical as always in criminal cases. Critical issues with jurors arose both during selection and the trial including excusing jurors from service who were previously empaneled.
One of the decedents (#1) was a longtime friend of our client, and the other decedent (#2) was #1’s mother. Since he was
indicted, he had been supervised on pretrial release with an ankle monitor. In that 4 ½ year period, he got married, had a daughter,
worked consistently in his chosen field, and basically turned his entire life around. Trial was repeatedly continued for a variety of reasons,
including COVID.
We took this case over in May of 2023 when a conflict arose at the Public Defenders’ office. Prior counsel did some great litigation regarding a witness (E.L.) who was with #1about 12 hours before client’s girlfriend delivered the alleged deadly drugs to the home. E.L. and #1 both had drugs on them, and they shared a little bit with each other. In other words, the drugs that caused the death of the two decedents could have come from a variety of other sources. E.L. had a valid 5th amendment claim, the State would not grant E.L. immunity, and the Court would not dismiss the case.
Our jury selection was scheduled for March 4, 2024, six years to the daythat the statute of limitations ran out on potential charges relating to
E.L. The statute of limitations on most felonies in New Hampshire is 6 years, so as one can imagine, this issue rarely arises in trial.
The State thought that E.L. was effectively shut down, and they did not wish to grant E.L. immunity, because his testimony was at odds with their theory of the case. Attorney O'Keefe noticed this early on, but we did not want to flag the issue prematurely.
We won the Rule 403 and 404(b) motions in limine that mattered most. Motions in limine are pre-trial motions that empower the judge to admit, preclude, or admit partial evidence in advance of trial. Certain in limine rulings may become moot at trial if one party "opens the door" to other evidence being admissible.
The bulk of the defense revolved around the State's inadequate investigation, the police jumping to conclusions, seized evidence (including other drugs from unknown sources) that was never sent to the lab, and lots of expert testimony on both sides about what did go to the lab. These experts included the Chief Medical Examiner and multiple forensic toxicologists.
When E.L. finally took the stand, he stood his ground on cross examination, saying that “you remember the last time
you saw your friend.”
The jury was out for a little over an hour before returning two not guilty verdicts for our client. He had about 20 family members in court with him, so there were lots of tears and hugs to go around.
His first name is Francis, but he goes by Fran. After the verdict, he used one of his familiar catchphrases to describe how he was feeling:
“Frantastic.”
College Student Avoids DWI Conviction
PORTSMOUTH DISTRICT COURT (August, 2023).
Our client was about to start their final year of college but was arrested for DWI. Fortunately, through pre-trial litigation, treatment efforts, and negotiation the parties reached an agreement to a non-criminal motor vehicle charge and the client avoided a DWI at a very inopportune time.
This client was not a New Hampshire licensed driver. It is imperative in hiring a New Hampshire DWI attorney that the attorney learn as much as they can about potential license suspension and other penalties in the client's home state. The interplay between the court, New Hampshire DMV, and the client's home state motor vehicle agency is integral in representation. Connections to other attorneys and motor vehicle agencies outside New Hampshire are critical in any motor vehicle representation we undertake.
Reckless Driving Amended to Negligent Driving
PORTMSOUTH DISTRICT COURT (August, 2023).
Our client was able to avoid the mandatory minimum 60 day license loss that comes with a reckless driving conviction in New Hampshire. The charge was amended to negligent driving which does not carry a minimum mandatory license loss in New Hampshire.
DWI Charge: Reduced to Reckless Driving and Administrative DMV Suspension Vacated
DOVER DISTRICT COURT (July, 2023).
Our client was very happy that his DWI charge and 6-month administrative license suspension (ALS) were dismissed while he pled guilty to violation reckless driving. Reckless driving is not a crime in New Hampshire, it is a civil violation while even a 1st DWI is a class B misdemeanor.
Importantly, any suspension imposed by the Court on a ALS triggered by a breathalyzer refusal will run consecutively to the ALS. Contrarily, an ALS triggered by a test over the .08 limit will run concurrently with any suspension imposed by the court. This occurs even when the DWI charge ends up dismissed in court if the accused pleads to any other offense that includes a court-ordered loss of license. In New Hampshire, the minimum mandatory penalty by law for reckless driving first offense is a 60 day loss of license and a $500 fine.
Domestic violence and violation of protective order charges diverted - no conviction
PORTSMOUTH DISTRICT COURT (August, 2023).
This was a unique case that resulted in no criminal convictions due to extensive investigation into the complaining witnesses actions in multiple states, litigation, and the hard work of our client. Domestic violence cases come in all varieties. Importantly, convictions for domestic violence under RSA 631:2-b in New Hampshire cannot be annulled for 10 years after all of the terms of the sentence are completed.
Diversion requires compliance with a variety of conditions that may include various types of treatment and community service. The Rockingham County Diversion program does an excellent job working with clients and is best program of its variety in New Hampshire.
DWI reduced to reckless driving violation at trial
PORTSMOUTH DISTRICT COURT (August, 2023).
An out-of-state driver had their DWI charge reduced to a reckless driving on the day of trial. This was a very good outcome in this case for a variety of reasons including avoiding a criminal conviction. Reckless driving is not a crime in New Hampshire; it is a violation, or non-criminal infraction. Further, out-of-state license holders should always ask their New Hampshire criminal defense DWI attorney about potential consequences such as license suspension in their home state. New Hampshire courts and the DMV can suspend licenses of New Hampshire license holders. New Hampshire can also suspend the privilege to drive in New Hampshire for out-of-state license holders. Each state treats offenses differently.
DWI dismissed for Reckless Driving; Administrative License Suspension withdrawn
DOVER DISTRICT COURT (July, 2023)
People charged with DWI will almost always also be served by the arresting police officer with DSMV 426, a pink copy of paper that operates as a 30-day driving permit for NH licensed drivers. It also serves as notice for a 6 month administrative license suspension (ALS) for refusing a breath or blood test or testing at .09 for breath or .08 for blood. Subsequent offenders receive a 2-year ALS. Refusals result in license suspensions that run consecutively with any court-ordered suspensions while tests over run concurrently with court-ordered suspensions.
Here, we were able to dismiss the DWI charge and replace it with reckless driving which is violation rather than a criminal offense. First offense DWI is a class B misdemeanor in New Hampshire that carries a 60-day loss of license. Here, we negotiated dismissal of the ALS, saving the client a criminal conviction, mandatory DWI penalties, and saving them a further 6-month license loss.
Simple Assault and Criminal Mischief Dismissed
DERRY DISTRICT COURT (July, 2023).
Our client was charged with simple assault on a family member placing the charge under the domestic violence statute. The client was also charged with criminal mischief for vandalizing that person's property. RSA 634:2 states that pecuniary loss between $100 and $1,500 makes this charge a class A misdemeanor; loss in excess of $1,500 is a felony. Felonies are typically prosecuted in the Superior Court while misdemeanors are in District Court. We were able to assist this client and secure a rapid dismissal of the case by intervening at the outset of the case and having several conversations with the prosecution.
Collateral DWI Consequences: Ignition Interlock Device hearing win at DMV
Concord, NH (June, 2023).
Our client was flagged by the Department of Motor Vehicles for an ignition interlock device (IID) hearing. We were very happy to negotiate our client's 2nd driving while intoxicated to a DWI-first offense. This was the client's second charge in three years and through successful litigation and negotiation the client avoided mandatory jail time, kept their job, and was able to regain their driver's license a full two years than permitted for subsequent DWI convictions. A second offense DWI carries a mandatory 3-year license loss.
Some clients will resolve DWI cases and not be aware that the DMV has the power to summon them for a IID hearing. Experience New Hampshire DWI lawyers here can help advise and defend you against this significant consequence. RSA 265-A:36 requires installation of an IID as defined in RSA 259:43-a in any vehicle registered to that person or used by that person for not less than 12 months nor more than 2 years. The DMV can initiate this process in certain situations even if the court did not order installation of an IID.
Veteran sentenced to first offense DWI avoids mandatory jail time on Aggravated DWI
June, 2023 - PORTSMOUTH DISTRICT COURT
We are very pleased that we were able to negotiate a first offense DWI resolution in a case charged as Aggravated DWI. This means our client avoided mandatory jail time and an additional year loss of license. Further, the client can petition to have the first offense DWI reduced to a violation-level offense 12 months from the date of conviction. This is very important to remember for those convicted of first offense DWI. We can help clean your criminal record if eligible and DWIs are not fully annulable for 10 years.
Theft by Unauthorized Taking and Tampering with Public Record Filed without a Finding
PORTSMOUTH DISTRICT COURT (May, 2023)
We are very pleased that after this case was pending for a long time the State eventually placed these misdemeanor charges on file without a finding of guilt in a case with a very unique set of circumstances. As you may see in other posts, cases that are filed without a finding are automatically dismissed at the end of an agreed upon time period if certain conditions are met. The minimum condition is not committing a crime, and while others can be added, they were not in this case.
Speeding ticket dismissed in Hampton District Court
May, 2023 - Our client's first offense speed was dismissed without a court appearance. Importantly for this client and any driver under 20 years of age, New Hampshire law provides for a 20-day suspension of the youthful driver's license for any first offense moving violation conviction.
2nd offense DWI amended to 1st offense minimum mandatory
OSSIPEE DISTRICT COURT (April, 2023).
Our client's excellent effort combined with litigation and effective negotiations allowed us to achieve an excellent resolution. 2nd offense DWIs beyond two but less than 10 years from the charged offense carry mandatory minimum penalties including jail time, installation of an interlock device, a $750 and a 3 year loss of license. This client avoided all of these penalties by the State agreeing to reduce this to a first offense DWI. This means they avoided all of the subsequent offense mandatory minimums including jail time and was able to restore their license in six months without installing an interlock device. A truly great result for a very deserving client.
Trespass and Disorderly Conduct Misdemeanors filed without a finding
PORTSMOUTH DISTRICT COURT (April, 2023).
Our client's misdemeanor charges were placed on file without a finding. Placed on file without a finding means that the client maintains their plea of not guilty, is not convicted of any crime, and the charges are automatically dismissed at the end of an agreed upon period of time that is typically 12 months. No conviction is entered unless the client violates the agreement by committing a crime or major motor vehicle offense (e.g. DWI, reckless driving, operating after suspension) or not complying with another condition. Other common conditions are substance use disorder or anger management evaluations. Sometimes cases are placed on file with the sole condition being good behavior.
First Degree Assault Felony Reduced to Misdemeanor Simple Assault
ROCKINGHAM SUPERIOR COURT (March, 2023).
We are very happy that our client's Class A felony first degree assault charged was dismissed and replaced with a negotiated plea to misdemeanor simple assault. Our client was able to avoid jail time and probation through their own hard work, effective negotiations and investigation. Class A felonies are punishable by up to 7.5 to 15 years in state prison. Avoiding a felony conviction is life-altering for many and our client continues to lead a productive and successful life.
Speeding Tickets Dismissed in Two Courts...and a warning on NH's Motor Vehicle Annulment Law
Hampton District Court & Portsmouth District Court (February, 2023).
We are pleased that two clients were able to retain clean motor vehicle records and avoid convictions in motor vehicle cases in Hampton and Portsmouth, NH. It is important to know that any almost any motor vehicle conviction, including speeding, is not eligible to be annulled for 7 years under New Hampshire's habitual offender statute RSA 262:19.
Resolution Reached: Felony and DWI dismissed in Rockingham County Superior Court
ROCKINGHAM SUPERIOR COURT (January, 2023).
Our client's DWI was dismissed and replaced with a reckless conduct violation offense. Reckless conduct is a non-criminal charge that carries a mandatory minimum penalty of a $500 fine and 60 day loss of license. Avoiding far harsher penalties that come from DWI convictions is a good resolution for many initially arrested for DWI. Also, a felony charge was dismissed and replaced with misdemeanor resisting arrest. In this case, our client was able to avoid jail time, a felony conviction, and a DWI conviction through our litigation, negotiation, and very diligent efforts by the client.
Felony criminal threatening reduced to misdemeanor disorderly conduct charge
STRAFFORD SUPERIOR COURT (December, 2022).
We are very pleased that our client was able to avoid a felony conviction and jail time in this case. This case involved filing and arguing a motion to suppress in advance of trial and subsequent protracted negotiations that resulted in an outstanding negotiated resolution that kept our client both free and employed.
Violation of Protective Order reduced to non-criminal infraction
HAMPTON DISTRICT COURT (December, 2022).
We were able to successfully help our client avoid a criminal conviction in this case. By reducing a misdemeanor crime to a civil infraction through negotiations, clients are able to avoid criminal convictions as violation-level offenses are non-criminal charges in New Hampshire.
Jury Selection Consultation in Belknap Superior Court
Laconia, NH. Attorney O'Keefe conducted a panel jury selection for a serious felony charge in New Hampshire. He was able to convince the judge to allow him for three times the normally allotted time in this state which is critical to be able to speak with prospective jurors and learn their thoughts, opinions, and biases. Read more about this important process here: https://www.roklawyers.com/legal-services/jury-selection-voir-dire/.
Administrative License Suspensions (ALS) Withdrawn in NH DWI cases
ROCKINGHAM COUNTY (November, 2022). Two DWI clients of Attorney O'Keefe had their administrative license suspensions withdrawn by the State. Each case was different, however, both cases involved some deficiencies in the DWI investigation that enabled us to secure ALS withdrawals. Why is this important? If you are arrested for DWI in New Hampshire, the court battle is only part of the equation. The police can choose whether they request a blood or breath sample from a suspect upon probable cause to arrest for DWI. If you refuse the requested chemical test, the DMV will suspend your license for 6 months for a 1st offense. The DMV will take the same action if you blow .09 or higher or provide a blood sample of .08 or higher. This license suspension runs consecutively with any court ordered license loss if one refuses chemical testing and concurrent with any court suspension if a chemical sample is provided. This is a significant license loss and there is no hardship or Cinderella license available for any ALS suspension. Sometimes, the ALS can be negotiated away and dismissed by the police. Other times, a DWI defense attorney has to represent the client at a DMV hearing to try to avoid that ALS suspension.
Win at the DMV: Habitual Offender Hearing
CONCORD, NH (November, 2022). Through excellent investigation, we were able to dismiss our client's habitual offender hearing. There are several ways one can be certified as a habitual offender in New Hampshire and perhaps the most common is three major motor vehicle convictions over a 5-year period. If certified, the driver loses their license for a minimum 1 year and a maximum of 4 years and operation during such suspension is a felony. We were able to uncover a rare court error from a previous case in which we did not represent this client and he rightfully maintained his driver's license.
DWI reduced to reckless driving; ALS dismissed
BRENTWOOD DISTRICT COURT (November, 2022). We are very pleased that we were able to negotiate the dismissal of our client's 1st DWI and the mandatory 180 day DMV-ordered administrative license suspension through successful negotiation.
2nd Offense DWI reduced to 1st offense - no jail time
DOVER DISTRICT COURT (October, 2022). A second DWI conviction within 2 years of a first offense carries significant penalties in New Hampshire including a mandatory 30 days in jail, 3 year license loss, alcohol treatment, installation of an interlock device and $750 fine. This client avoided any jail time and we were able to cut the license loss in half.
Reckless Driving Reduced to Negligent Driving
Portsmouth District Court (October, 2022). Reckless Driving is a major motor vehicle offense in New Hampshire that carries a mandatory $620 fine after court fees and a 60 day loss of license. We were able to negotiate a plea to the lesser, non-major offense of negligent driving.
Client Released Early from Rockingham County Jail
ROCKINGHAM SUPERIOR COURT (October, 2022). Our client had entered into a plea agreement with prior counsel that required a 12 month stand committed jail sentence. Through their own substantial efforts at rehabilitation while incarcerated and organizing community-based aftercare treatment, we were able to secure an early release and return the client to her family out of state. This client has truly turned their life around for the better and we appreciate the State acknowledging and rewarding this unique situation.
Diversion for Felony Drug Possession
ROCKINGHAM SUPERIOR COURT (September, 2022). Our client entered into a diversion program which will ultimately end in dismissal of their case upon 12 months of compliance with prior treatment and community service.
Felony Criminal Mischief Dismissed
ROCKINGHAM SUPERIOR COURT (September, 2022). The State nolle prossed (dismissed) a class A felony criminal mischief charge alleging vandalism in excess of $1,500. This took several months of negotiations and court dates and we are very pleased for our client and believe justice was served by that State ultimately exercising its discretion.
Felony Drug Charge Reduced to Misdemeanor - Strafford County Superior Court
(DOVER, 2022) We are very pleased that our client's felony drug charge was dismissed in favor of a non-possessory misdemeanor offense. The client also avoided jail time and probation while maintaining employment and we wish them well.
Rockingham County: DWI reduced to negligent driving
September, 2021 (Brentwood District Court) - We are very pleased to have helped our client was able to avoid a criminal conviction and DWI conviction and minimize his license loss in order to continue his great efforts with his employer and family.
DWI dismissed for reckless driving; DMV ALS withdrawn
HAMPTON DISTRICT COURT (July, 2022). We are very pleased that we were able to negotiate a very favorable resolution that resulted in their DWI 1st being dismissed while they pled guilty to the lesser, non-criminal violation of reckless driving. The State also agreed to withdraw the DMV's administrative license suspension (ALS). ALS goes into effect 30 days from arrest on a 1st offense misdemeanor B DWI if one refuses a breath or blood test, provides a breath sample of over .08, a blood sample of .08 or higher, or .02 or more if you are under 21 years of age. Further, ALS suspensions run consecutively to any court ordered license suspension. It is important to understand this interplay when facing a DWI case in New Hampshire.
Reckless Driving reduced to Negligent Driving; Client keeps license
Portsmouth District Court (July, 2022). Our client was able to keep his license which in turn allowed him to keep his job which requires extensive auto travel. Pursuant to RSA 265:79, reckless driving in New Hampshire carries a mandatory $500 fine and 60 day license suspension so this negotiated resolution was appreciated and favorable.
Client avoids mandatory jail time on DWI operating after suspension
HAMPTON DISTRICT COURT (June, 2022). New Hampshire law carries many mandatory minimum penalties for motor vehicle offenses. If one drives while under suspension for DWI, they are subject to a mandatory 7 day jail sentence, one year interlock ignition device installation, and an additional one year license suspension. We were able to negotiate a lesser charge for this client who avoided otherwise mandatory jail time and avoid a further license suspension.
Annulments Granted in Three Counties
We are very pleased that three different clients have recently had petitions to annul granted in Rockingham, Strafford, and Merrimack counties. Annulments are used to clean both arrests and convictions. One of our successful annulment petitions was granted after our client was acquitted by a jury in Merrimack Superior Court. It's important for everyone to know arrests and prosecutions do not completely disappear even if you are acquitted or the case is dismissed. The other clients were able to clear their previous convictions to improve their prospects for employment and education.
Case filed with no conviction-Hampton NH Driving After DWI Suspension
Hampton District Court (May, 2022). Our client avoided the significant mandatory minimum penalties if one is convicted of operating a motor vehicle during the pendency of a DWI license suspension. The minimum mandatory penalty includes 7 days in jail and an additional 12 month license revocation. This client is able to maintain her employment because the case was filed without a finding. What does that mean? It means the case is dismissed in 12 months so long as one does not commit a crime or major motor vehicle offense during the good behavior period.
Motion to Impose Suspended Sentence Vacated
Rochester District Court (March, 2021). We are very pleased that the motion to impose a suspended sentence previously filed has been withdrawn. The client will face no further incarceration or other sanction and has made tremendous strides to become successful in many areas of his life.
Reckless Operation Dismissed by Negotiation
HAMPTON DISTRICT COURT (February, 2022) - We are very pleased that our client's reckless operation charge was dismissed and replaced with another non-criminal charge that allowed our client to avoid the mandatory minimum 60 day loss of license imposed if one is convicted of reckless operation.
Perjury Case Dropped
HILLSBOROUGH COUNTY SUPERIOR COURT (SOUTH) (August, 2021)- In a perjury case involving thousands of pages of discovery and significant litigation, Attorneys James Reis and Kevin O'Keefe successfully argued for the exclusion of the vast majority of information contained in the police investigation. Left with little upon which to proceed, the State entered a nolle prosequi (dropped the charge), agreeing that it would be unable to prove its case beyond a reasonable doubt. Our client was overjoyed with the outcome.
Felony Drug Charge Reduced to Misdemeanor
Rockingham Superior Court (January, 2022). Attorney O'Keefe's client can maintain his new job, avoid jail time, probation, and fines while continuing his ongoing substance use disorder treatment after his felony drug charged was dismissed and replaced with the non-possessory misdemeanor charge of control of premises.
Motion to Suppress Granted - Unlawful Inventory Search
Order Granting Inventory Motion to Suppress Rockingham Superior Court (November, 2021). We are very happy that Attorney Reis's client prevailed in his motion to suppress unlawfully seized evidence. This case involved body camera footage, town meeting minutes, and excellent legal writing and advocacy to prevail on the issue of an unlawful inventory search which resulted in dismissal of the case.
Rochester District Court Witness Representation
DECEMBER, 2021 (Rochester District Court). We are very happy that Attorney Kevin O'Keefe's representation of a witness resulted in the outcome the person desired. Witness representation is very important because many witnesses need counsel to protect their rights and liabilities along with advocacy in court.
Aggravated DWI charge reduced; Client avoids mandatory jail time
HAMPTON DISTRICT COURT (December, 2021) - Client's aggravated DWI charge was dismissed and a first offense DWI was substituted in its place. This saves the client from a mandatory 18 month loss of license, $750 fine, interlock installation, further obligations, and most importantly mandatory jail time which allowed him to retain his job.
Domestic Criminal Mischief Charge Results in No Conviction
ROCHESTER DISTRCIT COURT (December, 2021) - We are very pleased that our client avoided conviction through negotiation with the State after being accused of misdemeanor criminal mischief (property damage).
Conduct After Accident Filed Without a Finding
HAMPTON DISTRICT COURT (December, 2021) - We are very pleased that our client's misdemeanor conduct after an accident charge was filed without a finding conditioned upon six months' good behavior. This means that this charge is scheduled to be dismissed in six months. Good behavior is defined as not committing a felony, misdemeanor, or major motor vehicle violation during the six month period and no conviction is entered.
Client Found Not Guilty After Trial in Sexual Assault Accusations from 1970s
Merrimack County Superior Court (November, 2021) - We are thrilled that the advocacy of Christine List and Kevin O'Keefe resulted in the acquittal of our client. He stood accused of aggravated felonious sexual assault and felonious sexual assault. Attorney O'Keefe's jury selection and the closing argument by Attorney List were critical in client's result. The judge dismissed one case based on our research and the testimony at the close of the government's case. The jury found the client not guilty of the remaining charge in under one hour.
Here is the link to the WMUR news story: https://www.wmur.com/article/benjamin-baker-trial-11-4-2021/381
Client Avoids All Jail Time for Drug Trafficking and Reckless Conduct
Rockingham Superior Court (August, 2021). This particular client made more progress with fewer resources than many we can recall. He pled guilty to a capped plea of 18-36 months in prison meaning that was the maximum possible penalty he could receive while arguing to remain free. This new parent who was recently promoted was represented by Attorney O'Keefe.
Reckless Operation Dismissed
In the 10th Circuit Court-District Division-Hampton, our client's reckless operation was dismissed as he received a speeding ticket. This client avoided the 60 day mandatory license loss and major motor vehicle offense on their DMV record as they pursue their education at college this fall.
Felony Burglary Dismissed; No Jail on Drug Charges
Laconia, NH: We are very pleased that our client's burglary charge was dismissed prior to trial. Further, our client avoided any jail time on multiple drug offenses. This client has had a remarkable turnaround due to his hard work and that of the staff here at Reis & O'Keefe (July, 2021).
179:10 Unlawful Possession of Alcohol Dismissed
AUGUST, 2021: 10th Circuit-District Division-Hampton: We are very pleased that our client's minor in possession of alcohol charge was dismissed. We appreciate the prosecutor's discretion and hard work of our client who will soon return to college.
Misdemeanor reduced to Violation
Dover, NH: We are very happy that Attorney O'Keefe's client's misdemeanor charge was dismissed in exchange for a non-criminal violation. This client can continue their employment and education.
Client Enters Drug Court to Avoid Jail on Five Felonies
We are pleased that Attorney O'Keefe's client entered Drug Court to avoid jail or prison on five separate felony charges. This client continues his impressive recovery efforts and will remain at liberty to continue working and his recovery process (Laconia, NH).
Victory Defending Stalking Petition
NEWPORT DISTRICT DIVISION - We are very pleased that Attorney Reis successfully defended a stalking petition against his client by simply cross-examining the first witness. This led to a swift and just result for his client (April, 2021).
Felony Possession of Controlled Drugs Dismissed
We are very pleased that the state dismissed felony drug possession charges against Attorney O'Keefe's client in Rockingham County. This case was scheduled to go to trial in April. Pre-trial litigation and prosecutorial discretion following negotiation resulted in the best possible result for this client (April, 2021).
Annulment Granted for Misdemeanor Conviction
April, 2021: We are pleased that our client can pursue a new employment opportunity after their petition to annul was promptly granted (Plymouth District Court).
Felony Motor Vehicle Theft Dismissed
CARROLL COUNTY SUPERIOR COURT: We are happy that our client's felony motor vehicle theft charge was dismissed by the state today. At the initial bail hearing, Attorney O'Keefe argued there was not probable cause to substantiate the charge and detain our client. While the judge ultimately decided there was probable cause at the initial hearing, Attorney Reis advocated for the ultimate and just result: a dismissal, which occurred today (March 19, 2021).
March 2021: Transportation of Alcohol Dismissed
We are pleased that our client's transportation of alcohol case was dismissed conditioned upon community service and completion of an online alcohol class. This allows our client to continue their education without a conviction (Durham, NH).
DWI reduced to Reckless Operation
We are pleased that a client of Attorney O'Keefe had his DWI charge dismissed as he pled guilty to the lesser violation-level offense of reckless operation in the Ossipee District Court. (January, 2021).
DWI reduced to Reckless Driving
We are pleased to announce that Attorney Reis' client, who was originally charged with a DWI, was convicted of only a violation-level charge of Reckless Driving. In addition, the Administrative License Suspension that had been imposed for refusal to submit to a breath test, was dismissed. (August, 2020).
Felony Drug Charges Dismissed
We are pleased that two charges of Theft by Deception that Attorney Reis' client faced were placed on file without any finding of guilt for a period of six months. This will allow our client to leave the matter behind and move on without the scar of a criminal conviction. (September, 2020).
Misdemeanor Theft Charges Placed on File Without Guilty Finding
We are pleased that two charges of Theft by Deception that Attorney Reis' client faced were placed on file without any finding of guilt for a period of six months. This will allow our client to leave the matter behind and move on without the scar of a criminal conviction. (September, 2020).
Speed >25 MPH and Lane Violation Dismissed - Portsmouth District Court
We are happy that our client's speeding over 25 mph and lane violation were dismissed and substituted for a non-moving infraction that allows our client to retain their license and avoid points on their DMV record.
Domestic Violence Simple Assault Filed Without a Finding
October, 2020: We are pleased that the charge of domestic violence simple assault was placed on file without a finding conditioned upon one year good behavior. This means that our client's case is dismissed in 1 year provided the client is of good behavior. What does that mean? It means the client cannot commit a crime or major motor vehicle offense within that year.
Reckless Operation Reduced to Speeding - Concord District Court
We are pleased that our client in Concord District Court was able to maintain his employment because his charge of reckless operation was reduced to a speeding ticket. Thus, his license was not suspended for the mandatory 60 days required under the reckless operation statute.
September, 2020: Reckless Operation Dismissed in Hampton District Court
We are pleased that our client's reckless operation was dismissed and the client avoided at least the minimum mandatory penalty for this major motor vehicle accusation, a $620 fine (including mandatory penalty assessment) and a 60 day loss of driver's license.
Reckless Operation Dismissed - Hampton District Court
We are pleased that our client's reckless operation charge was dismissed in Hampton District Court. In New Hampshire, reckless operation carries a minimum mandatory 60-day license suspension and $620 fine.
Reckless Operation Dismissed - Portsmouth District Court
Client was charged with reckless operation, which carries a mandatory $620 fine and 60 day loss of license. Client resolved this matter for a speeding ticket and no license loss after being clocked on radar driving over 100 mph.
April & May 2020: Two Unlawful Possession of Alcohol Cases Dismissed
In Strafford County, we are pleased that two young people, over 18, but under 21 have had their unlawful possession of alcohol cases dismissed and are on track to do great things with a clean record.
Client Avoids Further Jail and Probation in Drug Case
We are pleased that our client was able to avoid further incarceration and probation supervision in his drug case. The client will be able to continue his treatment despite a previously being sentenced to the state prison.
February 2020 Case Dismissed: Class A Felony Theft
We are happy to announce that our client's felony A theft case was dismissed in Carroll Superior Court. The Client can continue his job and does not face the stress of a trial.
Hampton District Court- Domestic Violence Assaults Placed on File Without a Finding
We are pleased that our client's two domestic violence simple assault charges were placed on file without a finding (no conviction was entered) conditioned upon 6 months good behavior (not committing a crime or major motor vehicle offense).
Strafford County Theft Case Dismissed
We are pleased that in December of 2019, after carefully examining the evidence in our client's case, we were able to determine that the individual captured in a surveillance video was not our client. As a result, the prosecutor dismissed our client's felony theft charge in Strafford County Superior Court.
Charges Dismissed in Hampton District Court
Attorney Reis's client was charged with resisting arrest and disorderly conduct after visiting a Hampton Beach bar. We are pleased that both charges were dismissed prior to trial.
Negligent Homicide Dismissed for Misdemeanor via Negotiation
We are pleased that Attorney O'Keefe negotiated a dismissal of his Client's Class B felony negligent homicide charge. The Client agreed to instead plead guilty to a misdemeanor charge, serve 3 days in jail, and perform community service.
Felony Charge Dismissed: Receiving Stolen Property
Attorney O'Keefe's Client was charged with felony receiving stolen property in the Rockingham County Superior Court. Through negotiation, the Client's felony charge was dismissed and the Client received a deferred jail sentence on a misdemeanor charge, conditioned upon performance of community service and good behavior.
Charges: Conduct After Accident and Operating After Suspension
Attorney O'Keefe's Client was charged with two Class A misdemeanors involving a car accident on Route 95 that resulted in property damage. We are pleased that one charge was dismissed and Attorney O'Keefe was able to negotiate a sentence on the other charge of a suspended fine conditioned upon payment of restitution.
Charges: Endangering the Welfare of a Child (Three Counts)
We are very pleased that, after a bench trial, the Court found our Client not guilty of all three charges. Our Client was able to return home with a clean record.
Charge: Felony Receiving Stolen Property
We are pleased that, after filing a motion to preclude our Client’s statements pursuant to a Miranda violation, the Client will remain free, off probation, and have a misdemeanor rather than felony conviction.
Charge: Possession of Controlled Drug with Intent to Distribute
We are very pleased that the Court granted our motion to suppress based upon an illegal pat-frisk and an unconstitutional expansion of the initial seizure. The charges were later dismissed as a result of the Court’s order.
Charge: Felony Possession of A Controlled Drug
We filed a motion to suppress the drugs arguing that the traffic stop was impermissibly expanded without reasonable suspicion. We are pleased that our Client was able to resolve their felony drug possession case as a misdemeanor without being placed in jail or on probation.
Charges: Criminal Threatening (Two Counts), Second Degree Assault, Simple Assault (Three Counts)
We are very pleased that, after selecting a jury and cross examining several of the prosecution’s witnesses, the prosecutor agreed to enter a nolle prosequi to all of the charges in exchange for a plea to one misdemeanor count of reckless conduct and one other unrelated charge that was scheduled for trial in the future. Our Client was able to avoid any incarceration.
Charge: Domestic Violence Simple Assault, Obstructing Report of Crime
We are very pleased that our Client’s charges were dismissed on the day of trial and he was eligible to annul the arrest immediately.
Charge: Felony Aggravated DWI
We are very pleased that, in this case that involved serious bodily injury, we were able to negotiate a First Offense DWI with only the minimum mandatory sentence. Our Client was able to avoid a felony conviction, placement on probation, and any incarceration.
Charge: Aggravated DWI
We are very pleased that we were able to negotiate a First Offense DWI for a Client initially charged with Aggravated DWI. Through straightforward negotiation, we were able to ensure our Client did not face the Aggravated DWI mandatory minimums, including incarceration and an 18-month loss of license. The Client’s administrative license suspension was also withdrawn by agreement.
Charge: First Degree Assault
We are very pleased that after a great deal of investigation in the early stages of the case, we were able to convince the prosecutor to submit evidence of our Client’s claim of self-defense to the grand jury. Given the information presented, the grand jury declined to indict our Client, and the prosecutor entered a nolle prosequi.
Charge: Felony Possession of A Controlled Drug
We are pleased that the Court granted our motion to suppress based on an unlawful pat-frisk. Our Client’s charges were dismissed pursuant to the Court’s order.
Charges: Aggravated Felonious Sexual Assault (Three Counts), Second Degree Assault (Two Counts), Domestic Violence (Two Counts)
We are very pleased that after trial, the jury found our Client not guilty of five of the six charges. On the remaining charge, the jury deadlocked, and the prosecutor decided to enter a nolle prosequi to the remaining charge. Our Client was able to return to life as it was before the allegations were made.
Charges: DWI, Felony Possession of A Controlled Drug, Transporting Drugs in Motor Vehicle
We are very pleased that, after selecting a jury, 3 out of 4 charges, including the DWI, were dismissed and our Client was neither placed in jail nor on probation. The Client was able to keep his job, keep his license, and avoid a felony conviction.