Malicious Destruction of Property

April 20, 2019

ROAD RAGE CHARGE AVOIDED

On December 30, 2018, MQ, a 51 year old woman from Billerica, drove to the Burlington Mall. She entered the parking lot and searched for a space. She spotted a space in an aisle and headed toward the space. As she approached the space a woman (whom we shall call W) driving an SUV coming from the opposite direction pulled into the space directly passing by the front of MQ’s car. According to a Burlington Police Department Report, W told police that MQ stopped her vehicle and began screaming at W “F–k you, I was waiting for that space.” According to the police report W said that MQ continued screaming. As W (and her teenage daughter) began to walk toward the mall entrance W wrote down the plate number of MQ’s vehicle. W also noticed MQ walking around W’s car. W entered the mall and did her shopping. When she came back out and went to her car there was a long scratch that went around the car (the whole passenger side, the front hood, and the whole driver side). W immediately called the police. The Burlington Police responded. From the license plate they learned that the owner of the car was MQ and they called MQ. According to the police report MQ denied scratching the car, but then began “yelling into the phone “I was walking around the car because I was thinking about keying it but I never did.”

The police filed an application for criminal complaint against MQ for malicious damage to a motor vehicle. A conviction of this offense carries a one year loss of your driver license.

MQ sought out an attorney. She met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin explained the law in detail to MQ and cautioned her that a conviction would carry a one-year loss of her driver’s license. MQ lived in Billerica and worked in Cambridge and absolutely needed a license to get back and forth to work.

September 15, 2015

FOUR FELONIES DISMISSED IN LOWELL DISTRICT COURT

by Robert D. Lewin

On May 1, 2015, SC, a 19 year old fellow from Dracut with no criminal record, got very high smoking a controlled substance with several neighbors. At 1:00 AM he went to a convenient store in Dracut; the store was closed. SC had a barbell with him and proceeded to break a plate glass window and the window frame attempting to gain entrance to the store. A silent alarm was tripped and the police responded. A neighbor also had seen what had gone on and the store security system video had captured images of SC breaking the window and the frame. The police arrived and observed SC’s condition; it was clear he was under the influence of something. SC called his Mother who also responded to the scene. The police allowed SC to go in the custody of his Mother but told him he would be summonsed into court. Eight weeks later SC received a summons to appear in Lowell District Court to answer to a criminal complaint charging SC with two counts of malicious destruction to property over $250, attempted breaking and entering, and possession of burglars tools (all felonies). SC and his mother came to see Attorney Robert Lewin in North Andover and retained Attorney Lewin. SC had no criminal record and having four felony charges on his record could create great problems for SC in terms of getting employment or going to college. Firstly, Attorney Lewin explained to SC that if anything helps make this type of case go away it is paying for the damage done to the store and apologizing to the store owner. SC’s Mother and Grandfather went to the storekeeper and had a heart to heart talk with the storekeeper. The storekeeper had spent $1,062 replacing the large plate glass and fixing the window frame. SC’s grandfather wrote out a check to the storekeeper for the full amount. The storekeeper was very appreciative and wrote out a receipt. On the receipt he specifically requested that all the charges against SC be dropped. Attorney Lewin called the Police Prosecutor from Dracut and explained the situation. Attorney Lewin then went over to Lowell District Court and met face to face with the Police Prosecutor from Dracut. Attorney Lewin asked the police to agree to dismiss the criminal charges prior to arraignment. The significance of the criminal charges being dismissed prior to arraignment is that the charges DO NOT GO ON THE ACCUSED PERSON’S RECORD. A criminal record gets created once an accused person is arraigned in court. The police prosecutor was agreeable. Now it was necessary to get the District Attorney’s Office to agree. Attorney Lewin made a call to the Supervisor of the District Attorney’s Office at Lowell District Court. Attorney Lewin explained the entire case and that the police were agreeable to the charges being dismissed prior to arraignment. Attorney Lewin put the Assistant District Attorney in touch with the police prosecutor and the Assistant District Attorney then agreed to the charges being dismissed prior to arraignment.
On September 15, 2015 SC and Attorney Lewin appeared in Lowell District Court. SC’s case was called in the First Criminal Session and Attorney Lewin informed the Judge that the Commonwealth and the Defense had agreed that all the charges were to be dismissed without SC being arraigned (prior to arraignment). The Judge ordered the charges all dismissed prior to arraignment.
As a result of this disposition SC has NO CRIMINAL RECORD. If a CORI check is done on SC this case will not show up. It is as if it did not happen. SC and his Mother left the Courthouse very very happy with the result.

May 21, 2013

Malicious Destruction of Property Charge Dismissed

by Robert D. Lewin

On March 17, 2013 YH, a 23 year old foreign student in his Senior Year at Boston College, let his temper get the best of him. YH was looking for a parking space on Boylston Street in downtown Boston. A lady was preparing to back into a space when YH quickly pulled into the space. The lady got out of her car and asked YH to get out of the space. He did and drove around the block and found another parking space. YH got out of his car and then proceeded to walk back up Boylston Street. YH saw the lady’s car parked in the space. As YH walked by the car he took his keys and scratched the side of the lady’s car. He did not see that the lady was sitting inside the car. She immediately got out of the car and called 911. The police responded and took statements from both YH and the lady. Subsequently, YH received a Notice from the Boston Municipal Court that an application for a criminal complaint had been filed against YH by the Boston Police for Malicious Destruction to Property Over $250.00. This charge is a felony. If a criminal complaint issued against YH for the charge he could be deported. YH contacted the Office of Lewin & Lewin and met with Attorney Robert Lewin. Attorney Lewin explained to YH the importance of YH having a lawyer speak with the Boston Police prior to the hearing to see if a result could be negotiated that would avoid a criminal complaint from being issued against YH.

YH retained Attorney Robert Lewin. Within one hour of being retained Attorney Lewin called the Boston PD. The Officer in charge of the case worked the 4-11 shift and was due in at 4 the next day. At 4 PM the next day Attorney Lewin spoke with the officer in charge of the case. They worked out an agreement that if YH paid for the damage done to the car ($712.00) then the police would agree to recommend that the Clerk not issue a criminal complaint against YH. On Monday, May 20, 2013 YH and Attorney Robert Lewin appeared in the Boston Municipal Court in the Criminal Clerk’s Office. Attorney Lewin reported to the Clerk the agreement that had been reached between the police and the Defense. The Clerk felt the agreement was fair. The hearing was continued for 2 months for YH to pay the restitution of $712.00. Upon payment for the $712.00 in restitution the Application for Criminal Complaint will be dismissed and NO criminal complaint will be issued against YH.

As a result of this disposition YH was NOT charged; NO entry was made on his criminal record and this case will not impact his immigration status. This may sound like a simple case; the key to a successful resolution was contacting the police and working the case out with the police prior to the hearing. After practicing criminal law for 42 years (on both sides of the fence) Attorney Lewin knows what the police want to hear – and more importantly, what the do not want to hear.

March 3, 2012

“Not Guilty” Verdict in BMC of Malicious Destruction of Property

by Robert D. Lewin

JA went out in Boston on a “party bus” with a large group of friends on a Friday night. There was a lot of drinking on the bus and the party made its way to a club in downtown Boston. JA was drinking heavily and ‘blacked out’ at about midnight. He woke up in a jail cell at the Boston Police station the next morning. He had no idea what happened or why he had been arrested. The last thing he recalled was being at the night club. He was informed that he was being charged with malicious destruction of property in excess of $250 (a felony). In the Boston Municipal Court (BMC) on Monday morning, JA heard the Assistant District Attorney read the facts of the case from a police report: a citizen in the South End of Boston had called 911 at about 4:00 a.m. to report a young man yelling, screaming and kicking in the front door of a brownstone apartment building next door. The police responded to the scene and found the front door of the apartment building bashed in and broken. JA was lying asleep on the floor just inside the door, with broken wood from the door strewn about around him. The police officers woke up JA and arrested him. JA appeared to the officers to be heavily intoxicated. After his arraignment, JA hired Lewin & Lewin to defend his case. The Assistant District Attorney offered JA probation if he would plead guilty but JA wanted his day in Court. Attorney Joshua Lewin prepared the case in great detail and represented JA at his trial. Attorney Lewin knew that the government would have a difficult time proving that JA acted “maliciously”–a difficult standard under the law. The police officer and the property manager testified for the government at trial and were cross-examined vigorously by Attorney Lewin. When the government rested its case, Attorney Lewin presented a memorandum of law and argued to the Judge that the government had failed to prove that JA acted “maliciously” and that the Judge was required under the law to find him “not guilty.” The Judge read the memorandum, listened to Attorney Lewin’s arguments, and immediately rendered a verdict of “not guilty.” The Assistant District Attorney and the police officer were stunned. JA was ecstatic and could not believe it–he had just won a seemingly unwinnable case. Attorney Lewin knew that the case was won because of his diligent preparation and sound strategy. The lawyers at Lewin & Lewin dig deep into every case and look for every possible way to win every case. JA was the beneficiary of Attorney Lewin’s thorough preparation for trial.