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Client Victories

State of New hampshire v. RP (2019)

August 2019

RP and his friend Matt were both mugged by a group of men as they left the Nashua Garden in Nashua, NH. Matt was taken to the hospital and he was hurt bad. RP was taken to the same hospital, but he did not want to receive treatment because he was uninsured. RP wanted to wait for Matt, but the people at the ER wanted him to leave. Eventually he had a confrontation with the nashua Police Department. RP was given the choice of going to another hospital or getting arrested. RP was taken to another hospital and once again he refused treatment. The Police records show that he was polite to the staff in his refusal and that he was leaving the hospital on his own volition. As he was leaving the hospital Mr. RP had a second confrontation with the Nashua Police Department. RP was charged with two class A Misdemeanors which carried up to one year in jail each. RP was charged with 1. RP was charged with Disorderly Conduct. 2. RP was charged with resisting arrest. Attorney Lynch made a Motion to Dismiss for the State's failure to comply with Discovery and provide a copy of a video it admitted existed. The State finally complied almost two years later and the Motion to Dismiss was denied. Attorney Lynch made a Motion in Limine to preclude the state from introducing witnesses that were not disclosed to the Defense prior to the trial. The Motion was denied and the witnesses were allowed to testify at trial. The State relied on the testimony of a security guard and the arresting officer. The security guard made every attempt to back up the arresting officer, but attorney Lynch was able to show at trial the officer and the guard's testimony were not consistent. Attorney Lynch was also able to convey doubt at the trial as to whether the Defendant was able to resist arrest as charged because of the severity of the injuries he sustained from the mugging. Attorney Lynch was able to show the Judge at trial that Mr. JP had a head injury and the arresting officer admitted he had a head injury. Attorney Lynch was able to show doubt that RP had the mental ability to commit the crimes as charged. Finally, the arresting officer either lied in Court about RP's action on the night of the arrest or his memory failed him because attorney Lynch was able to show major discrepencies between the Police Report and the Court testimony. RP was found guilty of both charges.