Massachusetts Criminal Lawyer Blog

DA, a 36 year old iron-worker, made a sale of 4 perc 30s (Oxycodone) pills to two undercover police and was immediately busted. DA had a prior record consisting of 2 DUI cases, 2 assault and battery by dangerous weapon cases, and a prior possession of class D with intent to distribute case. A conviction for this new offense would have caused DA's motor vehicle license to be revoked for 3 years with the right to apply for a hardship only after 18 months. DA wanted two things: no jail and no loss of license. A guilty finding, even coupled with probation, would have mandated the three year loss of license. DA retained Attorney Robert Lewin to represent him in Lowell District Court. Attorney Lewin contacted the police and the District Attorney. DA had two children he helped to support and was temporarily laid off. DA had no interest in "rolling over" or giving up his supplier. After much negotiation Attorney Lewin was able to convince the District Attorney that DA's case was an appropriate case to continue without a finding. On January 25, 2012 DA and Attorney Lewin appeared in Lowell District Court. The judge ordered the case continued without a finding for two years. In addition, the police had seized cash and a cell phone at the time of DA's arrest. We were successful in obtaining a return of DA's cell phone and one-half the cash. DA left the court a happy man. By getting the case continued without a finding DA did not lose his driver's license and he did not get a conviction on his criminal record.