CC, a very attractive 30 year old financial analyst, and two girl friends spent a night in Boston at the Harpoon Fest. On the way home CC was travelling on Rt. 16 in Everett when she approached and entered into a sobriety checkpoint roadblock. The police detected an odor of an alcoholic beverage and directed CC into the "pit area" so-called. She pulled in and was asked to exit her vehicle. Field sobriety tests followed, a preliminary breath test (in the field) was administered with a .10 result. She was then placed under arrest for operating under the influence and a formal breath test was administered with a resulting BAC of .08. Under the law in Massachusetts a .08 is a failing reading and is sufficient all by itself to sustain a conviction. During discovery Attorney Lewin learned that the breath test machine used in CC's test was reading slightly high. Attorney Lewin developed the argument that the .08 was in reality something less than .08. The trial took place in Malden District Court on September 29, 2010. Attorney Lewin was able to keep the .08 reading out of evidence. The case was tried jury-waived (that is, to a judge without a jury). The Judge found CC not guilty. CC is a happy camper.
September 2010 Archives
RC worked for an employer. RC stole his employer's checkbook and removed 15 blank checks from the checkbook. Over a period of several weeks RC wrote out the 15 checks to himself, forged his employer's signature, and cashed the checks at a local bank. RC received about $11,500 from this scheme. Shortly after the employer discovered the missing checks the police were called in. It took about 10 minutes for the investigation to focus on RC. RC was called into the police station without a lawyer where he made a complete confession after being Mirandized. RC was charged with 45 felony counts: 15 counts of forgery, 15 counts of larceny, and 15 counts of uttering. (Uttering is the act of knowingly tendering a forged check; this happened each time RC took one of the forged checks and cashed it at the bank.) RC's employer was angry and wanted RC to go to jail. Attorney Lewin got RC into counselling and stressed to RC the importance of putting money aside each week so that when RC went back to court he would have a sum of money to be applied toward the restitution. On August 26, 2010 RC and Attorney Lewin appeared in Lowell District Court. The District Attorney asked that RC be given an 18 month split sentence: 6 months to be served and 12 months suspended for 3 years with probation and restitution. Attorney Lewin presented the Judge with a report from the counsellor and $500 in cash that RC had accumulated as a downpayment on the restitution. Attorney Lewin pointed out that sending RC to jail - even if only for a very short period - would cost RC his new job and would greatly hamper his ability to pay the retitution. Attorney Lewin requested a term of probation. The Judge followed the recommendation of Attorney Lewin and placed RC on Probation for three years (with an 18 month suspended sentence) and the Judge ordered restitution to be paid at the rate of $100 per week. RC believes he will be able to get the retitution paid off in 2 years; if that happens then a Motion to Terminate Probation early will be filed and presented to the court. Wins come in all shapes and sizes. RC did not want to go to jail and he wanted sufficient time to pay the restitution. RC got the result he wanted. As RC and Attorney Lewin were leaving the Courthouse RC turned to Attorney Lewin and said put this case in the win column!