Massachusetts Criminal Lawyer Blog

CB, a senior at a local state college, was heading back to school when he got pulled over for a broken taillight. The officer got up to the driver's window and was immediately struck by the strong and distinctive odor of marijuana. One thing led to another and by the time the police were done they had seized a quantity of marijuana from the car along with a scale, packaging materials, and over $3,000.00 in cash. CB made incriminating statements to the police. CB was arrested and charged with Possession of Class D with intent to Distribute. CB, a Dean's list student, is due to graduate from college in May and saw his future job prospects going up in smoke. CB retained Lewin & Lewin to represent him. The facts did not lend themselves to a good Motion to Suppress and the evidence of guilt was overwhelming. Initially the Assistant District Attorney was looking for a conviction and a 2 year term of supervised probation. Attorney Robert Lewin met with the Assistant District Attorney and advocated on behalf of CB. The Assistant DA agreed to a continuance without a finding and agreed to lower the term of the probation to one year. On February 8, 2013 Attorney Joshua Lewin appeared in Dorchester District Court with CB. A tender of plea was presented to the Judge. Attorney Lewin asked the judge to continue the case without a finding for three months (to CB's graduation date from college). Ultimately the Judge agreed to continue the case without a finding for six months. The Judge ordered that the probation was to be administrative. Provided CB stays out of trouble, the charge will be dismissed on August 8, 2013. At that time Attorney Lewin will file a Petition to Seal the record. If the Petition is granted the record will be sealed and it will be as if the case did not happen. In addition had there been a conviction (guilty finding) CB would have lost his license for 2 years; because the case was continued without a finding CB suffered no loss of license. Wins come in all shapes and sizes. CB was thrilled with the result: he was not found guilty; he did not lose his license; his case will be dismissed in six months; and he will be well positioned to get his record sealed in six months. He and his family were very concerned that this case would be disastrous for his future job prospects; now, however, In six months the record will be sealed and the case will not show up on his record.