POSSESSION OF HEROIN THIRD OFFENSE – DEFERRED DISMISSAL

On December 6, 2018, KI, a 27 year old store manager, hailed a ride in an UBER. KI feltsick and told the driver to pull over. KI exited the car and began to violently throw up outside the car. A police officer passed by and stopped. The officer approached KI and for safety purposes was about to pat KI down when the officer asked KI if he had anything that the officer should be concerned about. KI said that he had a needle in his pocket. The officer asked KI if he had any drugs and KI said yes that he had heroin. The officers removed the needle and a search of KI’s pockets yielded multiple small bags of heroin. The police arrested KI and charged him with possession of heroin. KI was bailed out and given an arraignment date of December 14, 2018. KI appeared in Dudley District Court on December 14, 2018 and was arraigned and his case was continued to January 25, 2019 for a pre-trial hearing.

KI was concerned as this was his third arrest for Possession of Heroin. KI and his family contacted, met with, and retained Attorney Robert Lewin from North Andover to handle this case in Dudley District Court. Attorney Lewin had represented KI in his second case which had been in Lawrence District Court. Attorney Lewin had been successful in getting the second case dismissed with no admission of guilt or wrongdoing. In this case Attorney Lewin reached out to the District Attorney’s Office. Attorney Lewin explained to the Assistant District Attorney that KI had entered and completed an in-patient detox program and was currently in an outpatient treatment program. On January 25, 2019 HE and his father and Attorney Lewin appeared in Dudley District Court. Attorney Lewin was successful in getting the DA’s Office to agree to a disposition of pre-trial probation for six months to July 22, 2019. With pre-trial probation there is NO admission of guilt or wrongdoing. The case – by agreement – is simply left open for a period of time and then dismissed.

KI was greatly relieved. He feared that the Judge would send him to jail because it was his third offense.  The fact that KI had gone into treatment and was continuing in treatment was a great help in getting such a favorable result (for the second time). Good communication between Attorney Lewin and the District Attorney was also very helpful as well.

KI and his Father and Attorney Lewin left the courthouse a happy trio.