Massachusetts Criminal Lawyer Blog

April 23, 2024

Another Domestic Assault & Battery Win (Alien Client)

On February 10, 2024, SQ, a 50 year old software developer, and his wife got into an argument. According to the Ipswich Police Department Report, SQ got into his wife’s face, she pushed him back, and then he punched her with a closed fist in the mouth, cutting her mouth and causing her to bleed down onto her chin. She immediately ran out of the house and drove to the police station and reported what had happened. The police took photos of her, and drove to the house and arrested SQ. SQ went to court and was arraigned. SQ then contacted and retained Attorney Robert Lewin of Andover.

Attorney Lewin reviewed the facts of the case and the police reports carefully. SQ’s wife decided she did not want to testify against her husband. Oftentimes, that causes the case to be dismissed; however, where there is independent evidence that an assault occurred and that the accused committed the assault, the state can go forward with the prosecution. In SQ’s case the police had the wife’s detailed statements at the police station as to the punch in the mouth, and they had photographs of her bloody face and cut lip. Attorney Lewin filed a detailed Motion to Exclude from evidence at the trial the statements SQ’s wife made to the police. (If the Judge determines that the statements were an “excited or spontaneous utterance”, then the police will be allowed to testify at trial as to the statements made by SQ’s wife. If the Judge determines that the statements were not an “excited or spontaneous utterance”, then the police will not be allowed to testify at trial as to the statements made by SQ’s wife.)

The case was set down for trial on April 10, 2024. Prior to that date, Attorney Lewin met with the Assistant District Attorney and reviewed with the Assistant DA, Attorney Lewin’s Motion to Exclude the statements made by the wife at the police station. Attorney Lewin was able to get the Assistant DA to agree that her statements at the police station were not an “excited or spontaneous utterance”. This was a huge step for the defense.

April 20, 2024

Hit & Run – Prosecution Avoided and Insurance Surcharge Avoided

by Robert D. Lewin

On February 21, 2024 AL, a 32 year old social-worker, was pulling out of a parking space at a local Walgreens Pharmacy. She sideswiped the car next to her. She paused and then drove off. This was not captured on video; however, someone in the parking lot saw the accident and wrote down the number plate of her car and called the police and reported the hit and run. The police ran the plate and sent AL (who was the registered owner of the car) a letter requesting (demanding) that she contact the police. AL contacted and retained Attorney Robert Lewin from Andover to represent her. Attorney Lewin told her not to contact the police, and that he would contact the police for her. AL did NOT want to be charged criminally with Leaving the Scene and she was willing to pay the damage to the other vehicle so that she would NOT be surcharged on her insurance.

Attorney Lewin immediately contacted the police and was able to obtain a copy of the police crash report. Attorney Lewin spoke with the officer who handles the hit and run cases and was successful in negotiating a resolution of the case without AL being charged with any criminal offense. Attorney Lewin contacted the owner of the other car and arranged for AL to pay the owner directly the $800 cost to repair the car without involving the insurance company.

As a result of Attorney Lewin’s handling of the case, AL was NOT charged with hit and run (Leaving the Scene) and she was NOT surcharged on her insurance. (The $800 cost that she had to pay to the owner of the other car was less than the amount her insurance would have increased.) AL was very happy with the result.

March 2, 2024

Domestic Assault and Battery And Witness Intimidation Charges Dismissed

by Robert D. Lewin

AL, a 31 year old technical advisor from Andover, and his wife DL, are in a difficult marriage. They have one child, a 2 year old daughter. On August 22, 2023, DL called the police and alleged that her husband had struck her and had taken her phone and thrown it into the woods. The police responded and arrested AL. AL was charged with Assault and Battery on Household Member and Witness Intimidation. AL met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin obtained a copy of the 911 call. It was immediately apparent that the 911 call was made a significant time after the dispute between Al and DL and the call did not have the hallmarks of an excited utterance.

Attorney Lewin filed a Motion to Exclude the 911 call as evidence in the case on the grounds that it was not an excited utterance. The Motion was set down for a hearing on December 7, 2023. On December 7, 2023 AL and Attorney Lewin appeared in Lawrence District Court for a hearing on the Motion. The Motion was called for a hearing before the Judge and the Assistant District Attorney conceded that Attorney Lewin was correct and that the Commonwealth would not be using the 911 call as evidence. The case was set down for trial on February 5, 2024.

March 2, 2024

Harassment Prevention Order Defeated

by Robert D. Lewin

LO, a 60 year old Asian engineer, lives with his wife and daughter on the first floor of a two family house in Somerville. LO’s wife’s sister used to live on the second floor with her husband (JL). LO’s wife’s sister and her husband (JL) are going through a bitter divorce and the sister moved out leaving JL alone on the second floor. JL applied for an emergency harassment prevention order again LO, claiming that LO had harassed him, on three separate occasions. In his affidavit for the order, JL alleged that LO had struck him in the face, driven his car at JL, and chased after him. LO met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin took a detailed statement of the facts from LO and interviewed several witnesses who had been present at one of the three occasions mentioned in JL’s affidavit. Attorney Lewin thoroughly prepared LO and the witnessed for the court hearing.

On January 17, 2024, LO, his witnesses, and Attorney Lewin appeared in Somerville District Court for the court hearing. JL was there with his lawyer. After a hearing that lasted almost 1 hour, the Judge vacated the emergency order and ruled that JL was NOT entitled to an order. LO left the courthouse a happy client.

March 2, 2024

Juvenile Case Diverted Out of System

by Robert D. Lewin

On December 27, 2023, a group of young teenagers had finished playing basketball at a park in Newburyport. It was early evening and the group of 7 boys was walking on the side of a street in Newburyport. A tow truck turned onto the street and proceeded down the street. The boys saw the truck and signaled the driver to blow the horn on the truck. The driver obliged and gave a loud blast of the horn. According to the police report, the boys all laughed and one of the boys yelled out the “N …” word and spit at the driver – who it turned out was a black man. The driver stopped the truck and called 911. The boys all ran. The police responded and quickly found 5 of the 7 boys. The 5 boys at first denied everything, but then admitted to the police that SU, a 13 year old boy, had been the boy who yelled the N word. The police went to SU’s house where they spoke with SU and his Mother. SU admitted to having used the N word, but denied spitting at the driver. In Massachusetts contact spitting is an assault and battery. The police charged SU with Disorderly conduct and Assault and Battery.

SU’s parents met with (over zoom) and retained Attorney Robert Lewin from Andover to represent SU. Attorney Lewin prepared a comprehensive Motion to have the case diverted. When a case is diverted, it is removed from the criminal/juvenile justice system and, most importantly, no criminal/juvenile record is created.

On February 28, 2024, SU, his parents, and Attorney Lewin appeared in Juvenile Court in Newburyport. The Judge had read Attorney Lewin’s comprehensive Motion for Diversion (which included a copy of SU’s excellent report card from school). After a hearing, the Judge ordered that SU was NOT to be arraigned and the Judge ordered the case diverted. Specifically the Judge continued the case for 3 months and ordered SU to write a letter of apology and an essay. If SU writes the letter and the essay and stays out of any further trouble, then on June 5, 2024, SU and his parents will not have to return to court and the case will be dismissed without arraignment and no criminal/juvenile record will be created.

December 10, 2023

OUI Drugs Dismissed

by Robert D. Lewin

On September 12, 2023, BY, a Registered Nurse, was driving to a nursing assignment. She was extremely tired and pulled to the side of the highway behind a State Trooper. The Trooper went back to her car to investigate. Several other motorists pulled over and told the trooper that BY had been all over the highway, at time going completely off the roadway and then lurching back on. The Trooper had her exit the car and had her perform several field sobriety tests. She did poorly on the tests almost falling over. The Trooper placed her under arrest for Negligent Operation.

There was no odor of alcohol coming from her and there was no evidence of alcohol in the vehicle. During an inventory search of the vehicle the Trooper found a bottle of Morphine, a bottle of Haloperidol, and a bottle of Lorazepam (all controlled substances) in BY’s vehicle.. The Morphine and the Haloperidol were in prescription bottles that bore the name of a deceased patient. The Lorazepam was in a prescription bottle that bore BY’s name. The Trooper then added the charges of Operating Under the Influencer of Drugs and Unlawful Possession of Drugs.

The police filed a Notice of Immediate Threat with the RMV. The RMV immediately suspended BY’s Driver License.

December 10, 2023

Juvenile Negligent Operation Charge Diverted

by Robert D. Lewin

LS, a 17 year old high school student, took one of his family cars and decided to do a time trial on an Andover Street. He had three other kids in the car with him. Going around a corner at a high speed he lost control and crashed into a stone wall. Fortunately for LS no one was hurt and the other three kids in the car took off. A neighbor called the police and the Andover Police arrived shortly thereafter. LS was cited by the police for speeding and negligent operation. LS and his parents met with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately told LS to file the citation at the Clerk-Magistrate’s at Lawrence Juvenile Court. The filing of the citation at the court preserved LS’s right to a Clerk-Magistrate Heating BEFORE a juvenile complaint was issued against him.

Negligent Operation is what is called a Chapter 90 Offense; Chapter 90 is the Massachusetts Motor Vehicle law. Juvenile’s, with no prior court involvement, are typically eligible for consideration into the Juvenile Diversion program. The Juvenile Diversion Program causes a criminal (juvenile) charge to be “diverted” out of the criminal justice system. As a matter of practice, however, Chapter 90 Offenses (such as Negligent Operation in this case) will not be diverted.

After being hired, Attorney Lewin went over to the Juvenile Court in Lawrence to review the court papers and get a copy of the police report. The Clerk-Magistrate informed Attorney Lewin that the police had not yet filed their paperwork at the Court. There is a little known rule called the “6-Day Rule”. The Motor Vehicle Law contains a provision that the police must file their paperwork at the court within 6 business days of the violation. When Attorney Lewin saw that the police had not filed their paperwork (on the fourth business day), Attorney Lewin called LS and his parents and told them we are doing to go silent and wait and see if the police file within the 6 business days. And wait they did. Finally on the 15th business day after the violation the police filed their paperwork at the Court. Attorney Lewin immediately filed a Motion to Dismiss the case for violation of the 6 day rule.

December 10, 2023

Another Hir & Run Charge Avoided

by Robert D. Lewin

On September 19, 2023, BL, a 60 year old nurse from Methuen, went to a store in Haverhill,. As she pulled down the street in the front of the store her passenger side outside mirror struck the driver side outside mirror of a car parked on the street. All of this was captured on an on street video camera. BL continued down the street a short distance and then parked. BL is then seen walking over to the struck vehicle, looking at it the mirror was hanging down by a wire), and then continuing to the store. She is then seen leaving the store with three other people, walking over to the struck vehicle, and then walking to her vehicle and drive away. She did not offer her information. The incident was reported to the police. The police viewed the video. Her license plate number had been written down by someone at the scene. The police cited BL for leaving the scene of a property damage accident and her case was set down for a Clerk-Magistrate Hearing on December 8, 2023.

BL contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained copies of the police report and contacted the Haverhill Police and was able to obtain from the police a copy of the on street video and a copy of the photos of the struck video. BL could not afford to lose her license as she is a private duty nurse who travels everyday from Methuen to Merrimack to care for a patient. A conviction of a hit and run property damage case carries as 60 day loss of license. Attorney Lewin advocated on BL’s behalf with the police to agree to a disposition where BL would not be charged.

The hearing was a zoom hearing. Prior to the hearing Attorney Lewin had obtained and electronically filed at Haverhill District Court a notice that the man whose car had been struck had been fully compensated for the damage to his vehicle by his insurance company. On December 8, 2023, Attorney Lewin and BL appeared on the zoom along with the Clerk-Magistrate and the Police Prosecutor. Attorney Lewin advocated strenuously to the Clerk-Magistrate not to issue a criminal complaint against BL.

November 8, 2023

ANOTHER SHOPLIFITNG CHARGE AVOIDED

by Robert D. Lewin

On August 22, 2023, QG, a 48 year old executive administrator for a high tech company, got caught shoplifting in Target in Danvers. She had picked up a number of items and went to the self check out machine. She put several low cost items thorough the scanner and simply put the other items in a shopping bag without scanning them or paying for them. She then headed for the exit. As she was leaving the store she was stopped by a loss prevention officer and returned into the store. Unfortunately for QG, she had been observed shoplifting on prior occasions and the loss prevention officer recognized her from previous video tapes. The Danvers police were called to the store and told QG that she would receive a notice from Salem District Court. QG then received a Notice of a Clerk-Magistrate Hearing to take place on October 24, 2023. QG became very concerned that if her employer learned of this that she would be fired. QG contracted several lawyers and had a free initial zoom consult (1 1/2 hours) with Attorney Robert Lewin from Andover. QG retained Attorney Lewin.

Attorney Lewin immediately obtained copies of all the court papers and police reports. Attorney Lewin then called the Police Prosecutor and advocated with the prosecutor to resolve the case at the Clerk-Magistrate Hearing without a criminal complaint issuing against QG.

On October 24, 2023 Attorney Lewin and QG appeared at Salem District Court for the hearing. Attorney Lewin advocated for the clerk to not issue a criminal complaint against QG. The Clerk-Magistrate asked the prosecutor for his input. The prosecutor told the Clerk that he had spoken with Attorney Lewin and that he had no objection to a criminal complaint not issuing against QG. The Clerk-Magistrate then said he would continue the hearing for 3 months without issuing a criminal complaint and if there were no reports of QG breaking the criminal law then at the end of the three months no one had to come to court and the Application for Criminal Complaint would be denied and dismissed.

November 8, 2023

Violation of an Abuse Prevention Order – NOT Guilty after Jury Trial

by Robert D. Lewin

BK, a 34 year old business owner, had been ordered to have no contact with his ex-wife and to stay 100 yards away from her and her home. He was accused of violating the order by driving in front of her house, slowing his vehicle down, giving her the middle finger, and yelling “F..K You” twice at her. She testified that she had been sitting by her front window in her living when this happened and that she was texting someone at the time so she had her phone in her hand and she took a picture of his vehicle. This allegedly happened in Marblehead and she testified that she was familiar with his Black Chevy Tahoe, that she new his voice when he yelled at her, and that she saw his face in the vehicle. It turns out that BK’s vehicle was towed to a repair shop 2 days before the date of the alleged crime and was inoperable for two weeks. BK actually had a picture on his cell phone, time and date stamped, that showed his vehicle on the tow truck being driven away by the tow truck driver two days before the alleged incident. BK also had photos that BK had taken at his son’s basketball game at a time shortly before the alleged incident.

BK had been represented by another attorney and was unhappy with the lawyer. BK contacted Attorney Robert Lewin from Andover and came for an initial consult. BK was very happy with the attention Attorney Lewin gave him. They discussed all the evidence, photos, and witnesses. BK hired Attorney Lewin. The case was scheduled for trial on November 7, 2023 in Lynn District Court.

In the weeks leading up to the trial BK came to Attorney Lewin’s office for two long trial preparation sessions. BK did not feel he would be a good witness. Attorney Lewin told him otherwise. and Attorney Lewin thoroughly prepared BK to testify.