Commonwealth of Massachusetts v. AH (2019) Docket Number 1832CR001805 Felony Charges for Possession of a Controlled Substance
In 2018 AH was a passenger in a car that was pulled over for a routine traffic stop. For reasons unknown to defense counsel the police decided to expand the scope of the routine traffic stop and AH was asked to step out of the vehicle and she was search. Like so many young people today AH had a serious opioid addiction and when she was searched she was found to be in possession of a controlled substance. AH had an arraignment scheduled May 15, 2018, but she failed to appear and an arrest warrant was issued. AH fled the Commonwealth of Massachusetts and moved to New Hampshire to live with her mother and father. Attorney Lynch was hired in December of 2018 to assist AH with the felony charge. Attorney Lynch filed an Appearance and he requested Discovery from the Commonwealth, but the Commonwealth did not respond. Attorney Lynch followed up with the District Attorney office on numerous occasions, but he was not able to get a District Attorney on the phone. AH informed that a close friend died of a heroin overdose in the summer of 2019 and that she wanted to attend his wake. AH did not have a driver's license and Attorney Lynch advised her not to drive to Massachusetts. Attorney Lynch then made the decision to drive AH to the wake and while she attended the wake he would try and speak with a District Attorney in person. Attorney Lynch did meet with a District Attorney and he informed the District Attorney that AH was clean and sober and that her father was bringing her to 12 step meeting, she had a job, and a sobriety sponsor. Attorney Lynch was able to convince the District Attorney to drop the charges based upon AH's progress and the fact that the initial search of AH was probably illegal. Attorney Lynch had an extremely hard time getting AH to go to court with him to get the charges drop. AH was in fear of being sent immediately sent to prison. When in front of the Judge AH's fears almost became a reality because AH had a significant history of drug charges and he was reluctant to accept the Plea. The Judge was also angry that AH did not show up for her arraignment. Nonetheless, AH was arrainged and her felony charge was dismissed at the same time.