Massachusetts Criminal Lawyer Blog

On January 15, 2010 the Tewksbury Police were doing an undercover surveillance at a parking lot of a large store in Tewksbury just off Route 495. They observed one vehicle parked in the parking lot away from any other vehicles and away from the store. A second vehicle entered the parking lot and parked in the space next to the first. The two drivers exited the two cars and the police observed what appeared to be a drug transaction take place. The two men then headed back to their respective cars. The police approached the two men and after some discussion it was determined that the driver of the second car (initials SR) had delivered a forty bag of heroin to the driver of the first car. SR was charged with Distribution of Heroin (Class A) and Conspiracy to Violate the Controlled Substance Law. The Distribution Charge carries a maximum sentence of 10 years in the State Prison; the Conspiracy charge carries the same maximum penalty. In addition a conviction (finding of guilty) to the charge of Distribution carries a mandatory 3 year loss of driving license (with the right to apply for a hardship license after 18 months). Attorney Lewin was retained and began discussing the case with the Assistant Distrrict Attorney; calls were also made to the police. Without SR becoming an informant Attorney Lewin was able to negotiate a settlement of the case. On May 27, 2010, the Conspiracy charge was dismissed and the Distribution charge was continued without a finding. Because there was no conviction SR did not lose his license. At the end of the period of the continuance without a finding the Distribution charge will be dismissed.