Massachusetts Criminal Lawyer Blog

August 22, 2026

HORRIBLE DUI CASE GETS DISMISSED BY SMART LAWYERING

On February 28, 2026, just before 7:00 PM, LB, a 69 year old woman from Haverhill, had a vodka and cranberry juice before leaving home. She drove to a bar/restaurant in Andover where she met her boyfriend. At the bar she had two large glasses of wine and topped it off with a big espresso martini. Her next good memory is waking up at Mass. General Hospital in Boston. She has no memory of being in an accident, of being brought to Lawrence General Hospital, or of being transferred to Mass. General in Boston. A witness who was travelling behind LB on Route 28 Northbound observed LB driving her car on Route 28 Northbound heading from Andover into Lawrence. The witness observed LB turn her car around and head South on the portion of Route 28 that is Northbound only. She was going the wrong way. The witness observed LB’s car crash into the jersey barriers on the side of Route 28 at the Route 495 Overpass construction site. The witness called 911 and the police and fire and EMT’s responded. At the hospital, a blood/alcohol test was done and LB’s reading was a .34 (almost dead). The police did a thorough investigation and LB was charged with OUI-Liquor and Negligent Operation.

LB consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin began his investigation. Attorney Lewin learned that the police investigation was completed on March 4, 2026 and that the police had issued their citation to LB on March 4, 2026. There is a law that requires the police to file their papers (citation, police report, and application for crimimal complaint) at court no later than 6 business days following the completion of their investigation. This is a law, that sadly to say, most crimimal lawyers are NOT familiar with. Attorney Lewin knows this law inside and out. Attorney Lewin knows the woman in the Clerk-Magistrate’s Office at Lawrence District Court who processes the police paperwork when it gets filed. On March 12, 2026, which was the sixth business day after March 4, 2026, Attorney Lewin learned that the police had NOT filed their paperwork at Court. Attorney Lewin sat back and waited. It was not until March 17, 2026 – 9 days after the citation was written – that the police finally filed their paperwork at court.

LB was arraigned in Lawrence District Court on May 6, 2026. Attorney Lewin had already prepared and filed a Motion To Dismiss the charges for violation of the 6 day rule. On May 27, 2026 there was a full evidentiary hearing on the Motion to Dismiss. Two police officers testified. The reason for the delay was that the officer who was responsible for filing the papers at court had been at the police academy for additional training. The Judge said he needed time to study the law and the case was continued to July 13, 2026. Attorney Lewin then filed a supplemental memorandum based on the testimony of the two police officers arguing that there was NO legal justification for the delay.

August 21, 2026

Repeat Shoplifter – Charge Avoided

by Robert D. Lewin

On May 29, 2026, JS, a Registered Nurse, went into the Target Store in Methuen and began picking up items and concealing them. The police report states: “Target staff stated that JS removed tags and placed $461.85 worth of items in a pink backpack which was a Target item with a removed tag as well as in her own personal bag.” Target staff brought JS to the loss prevention office and the police responded to the store. The police did a record check on JS and discovered that she had been previously prosecuted for shoplifting in Lowell District Court. The police told her that she would be summonsed to appear in Lawrence District Court for this new offense.

The police filed an Application for a Criminal Complaint against JS at Lawrence District Court for Shoplifting by Concealment. The Application was scheduled for a Clerk-Magistrate Hearing on August 20, 2026.

JS contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin explained to JS that where she had been previously prosecuted for the same crime that it was going to be a reach to avoid prosecution in this new case – but, it was a reach that had to be vigorously pursued. Attorney Lewin obtained all the police reports and examined the papers from her previous case. Attorney Lewin spoke to the Methuen Police Prosecutor.

August 20, 2026

NO INSPECTION STICKER – NOT RESPONSIBLE FINDING

by Robert D. Lewin

On June 8, 2026, SF, a 20 year old man from Lawrence, got pulled over by the State Police in Peabody. The inspection sticker on his newly purchased used car had expired. In Massachusetts you have 7 days from the day you register a car to get a new inspection sticker on the car and he was passed the 7th day. The Trooper gave him a citation for No Inspection Sticker. The big problem for SF is that he had a long list of motor vehicle violations on his record and he was at risk of losing his license and adding additional hundreds of dollars per month to his car insurance. On June 3, 2026, Attorney Lewin had represented SF in Woburn District Court and got NOT Responsible findings to charges of Speeding and No License in Possession at a Clerk-Magistrate Hearing. (Charges of which he was absolutely guilty.)

After SF got the ticket on June 8, 2026, he immediately (the very next morning) got the car inspected and got a new inspection sticker. SF again retained Attorney Robert Lewin. Attorney Lewin had SF furnish Attorney Lewin with pictures of the new sticker on the car windshield. On August 20, 2026, SF and Attorney Lewin appeared in Peabody District Court for the Hearing before the Clerk-Magistrate on the ticket. The State Police were present and read the report to the Clerk-Magistrate. Attorney Lewin then explained that the very next day SF had got the car inspected and Attorney Lewin presented the pictures of the car with the new sticker on it. Attorney Lewin further explained that a responsible (guilty) finding would cost SF hundreds on his car insurance per month and could jeopardize his license. Attorney Lewin asked the Clerk to find SF NOT responsible. The Clerk-Magistrate turned to the State Trooper and the Trooper said he had no objection. The Clerk-Magistrate then announced that she was finding SF NOT Responsible.

Although this was a relatively simple case, Attorney Lewin fully prepared the case and had all the evidence that was needed to put the case in the win column. Attorney Lewin was an Assistant District Attorney from 1971 to 1975 and for the last 51 years has limited his practice to criminal defense. Results like this are common for Attorney Lewin as he fully and carefully prepares every case that he takes on. There are very few lawyers in Massachusetts who have the years of experience and breath of knowledge and “simple know how” that Attorney Lewin brings to every client and every case.

August 17, 2026

Operating After Suspension,13th Offense (!) SOMETIMES YOU JUST GET LUCKY

by Robert D. Lewin

On March 22, 2022, Methuen Police Officer JK pulled a motor vehicle over for a marked lane violation. JK exited his cruiser. JK’s BWC (body worn camera) was on and recording. JK approached the stopped vehicle on the driver side. As JK arrived at the driver side window, the vehicle took off. The BWC captured an excellent image of the driver. JK ran back to his cruiser and gave chase but the vehicle got away. JK then proceded to do an investigation. He ran the license plate and saw that the plate came back to a NH woman. He then looked at her Facebook profile and saw a friend of the woman who was a dead ringer for the man driving the car. The Facebook profile even had the man’s name! JK then ran the man’s name through the RMV data base and a 58 year old man popped up and his RMV photo matched the BWC image that the officer had captured. That man, GT, had been arrested 12 times for driving after suspension of his license. On his eleventh arrest he served six months in jail. On his 12th offense he served a year in jail (the maximum sentence). GT was no longer living at the address that the RMV had for him and never received a summons to appear in Court. The Court issued a warrant for his arrest and the warrant sat for four years.

GT stopped driving and he cleaned up his act between 2022 and 2026. GT met with and retained Attorney Robert Lewin from Andover to handle this case. On March 6, 2026 GT and Attorney Lewin went into Lawrence District Court and got the warrant cancelled and GT was released without any conditions – other than he not drive unless duly licensed. The DA looked at GT’s prior record and said to Attorney Lewin “this is GT’s 13th offense, he’s looking at the max – a year in jail”. Attorney Lewin asked GT if he had ever taken any of his 12 prior cases to trial. GT said no that he had always pled guilty! Attorney Lewin told GT that this case was going to trial. The case was continued to April 27, 2026 and was ultimately set down for trial on July 21, 2026. Attorney Lewin began his investigation of the case and discovered that JK – the police officer – had been subject to a “POST Commission” Inquiry. This a commission that investigates police who break the law. To GT’s GREAT LUCK, JK was no longer a police officer and it was highly unlikely that he would appear to testify at the trial.

On July 22, 2026, GT and Attorney Lewin appeared in Courtroom 5 in Lawrence District Court. The case was called and Attorney Lewin answered that the Defense was “ready for trial”. JK, the officer, was not present and the DA answered that the Commonwealth was not ready for trial. The Judge looked at Attorney Lewin and Attorney Lewin said “The defense moves to dismiss the case.” The Judge then said “Case DISMISSED”.

June 28, 2026

WARRANTS CANCELLED IN TWO COURTS – ALL CHARGES DROPPED

by Robert D. Lewin

CP is the 34 year old owner of a successful junk removal business living in Lawrence. He was born in the DR but became a citizen at age 21. In October of 2018 he was arrested in Lawrence and charged with Operating After Suspension of License, Subsequent Offense. While that case was pending in Lawrence District Court, CP was arrested again for the same charge (Operating After Suspension, Subsequent Offense) on December 29, 2018 in Haverhill District Court. On January 16, 2019 CP went to Lawerence District Court, plead guilty and was placed on Probation and orderd to pay a fine.

After that, CP did not follow through on his probation in Lawrence District Court and he failed to appear in Haverhill District Court. Warrants were issued from both courts. From 2019 to 2026 the cases sat in warrant status. CP could not get a license and he needed a license to carry on his growing and successful business. Finally, on May 28, 2026, CP met with and retained Attorney Robert Lewin from Andover. Attorney Lewin developed a strategy for favorably resolving CP’s cases in both courts.

Attorney Lewin met with the Probation Officer in Lawrence District Court. Probation agreed that if CP paid the fines that he been ordered to pay when he was placed on Probation back in 2019 that the Probation Office would recommend to the Judge that his probation would be terminated and he would be discharged from any further responsibility to Lawrence District Court. CP immedeiately paid the fines he had been ordered to pay to Lawrence District Court.

June 24, 2026

Unlicensed Operation – DISMISSED

by Robert D. Lewin

On October 19, 2022, EJ, a 28 year old Logistics Analyst, was driving her car on Rt. 3 North in Chelmsford. She went off the road and crashed into a sign and guardrail. The State Police responded. EJ had a restriction on her license that she was supposed to wear corrective lenses (eyeglasses) when driving. She was not wearing her glasses and admitted that to the police. The police cited EJ for violation of a restriction on her license (a criminal offense) and unsafe operation (a civil violation). EJ requested a hearing at Lowell District Court. Three and a half years later in early 2026, EJ received a Notice of a Hearing on an Application for Criminal Complaint from Lowell District Court on this citation. EJ contacted and retained Attorney Robert Lewin from Andover.

There is a little known law (most lawyers are totally unaware of it) that requires the police to file their copy of a criminal citation with the Court within SIX DAYS of the violation. Attorney Lewin immediately went over to Lowell District Court and reviewed the court papers and discovered that the police had delayed three and a half years and did not file the citation at court until 2026. Attorney Lewin prepared a Motion to Dismiss the case.

On June 12, 2026, EJ and Attorney Lewin appeared at Lowell District Court for the hearing. The hearing began and the police officer began to read the police report to the Clerk-Magistrate. As soon as the Police Officer recited the date of the offense as being in 2022, the Clerk-Magistrate (whom Attorney Lewin has known for over 30 years) looked over at Attorney Lewin. Attorney Lewin held up his Motion To Dismiss the case and was about to hand it to the Clerk-Magistrate, when the Clerk-Magistrate put her hand up and said “no need to”. I’m DISMISSING the application for the crimimal complaint and I am entering a finding of NOT responsible of the civil violation. It was a complete and total win. The Clerk-Magisdtrate did turn and say to EJ: “Wear your glasses when you drive.”

June 21, 2026

Unlicensed Operation – Warrant Cancelled – DISMISSED

by Robert D. Lewin

On September 20, 2019, AC, a then 31 year old man from the DR got stopped by the Lawrence Police for a marked lanes violation and unlicensed operation. He never went to court and a warrant issued for his arrest. Fast forward almost 7 years later. AC wanted to clear the warrant and get the case resolved. AC contacted Attorney Robert Lewin from Andover. Attorney Lewin assured AC that the matter could be taken care of both quickly and favorably. On Saturday, June 13, 2026, AC hired Attorney Lewin and on Monday, June 15, 2026, AC and Attorney Lewin went to Lawrence District Court. Attorney Lewin met with the Assistant District Attorney and by 9:30 AM the case was resolved with the following results:

The warrant was CANCELED
A finding of NOT responsible was entered on the civil Marked Lanes Violation

June 5, 2026

LOSS OF LICENSE FOR 4 YEARS AVOIDED

by Robert D. Lewin

SF, a 20 year old young man from Lawrence, had 11 surchargeable events on his driver record, when he got pulled over by the Wilmington PD for Speeding (48 mph in a 30 mph zone) and No License in Possession. If he were found responsible on either one of the two violations he would become classified as an Habitual Traffic Offender (HTO) and would lose his license for 4 years. SF appealed the ticket and a Clerk-Magistrate Hearing in Woburn District Court was set for June 3, 2026, via zoom.

The police had SF on Lidar and the police report had him speeding in an area where there were two school buses. When the police pulled him over he could not locate his license. The facts were terrible and his driving record was terrible. SF needed a miracle.

SF consulted with and retained Attorney Robert Lewin from Andover to represent him. SF and Attorney Lewin worked side by side to put together a presentation that would hopefully convince the Clerk-Magistrate that SF was deserving of a second chance. It was a comprehensive presentation. Attorney Lewin had filed color photos of SF’s license, registration certificate, inspection sticker, front plate, rear plate, clear windows, and SF’s insurance policy which showed that he was in full compliance with the law regarding his car and that he was already paying well over $5,000 per year to insure a 14 year old car. The presentation struck a nerve with the Clerk-Magistrate. She gave SF a talking to about his driving, but in the end she said I am going to give you that second chance that Attorney Lewin requested. I am finding you NOT responsible of both violations.

May 15, 2026

Winning Twice

by Robert D. Lewin

On June 11, 2025, MK was stopped by the Lynn PD and given a citation for speeding and obstructed window. MK appealed the ticket and on October 28, 2025, MK had a hearing before a Clerk-Magistrate at Lynn District Court. MK retained a lawyer for that hearing. The lawyer did a good job and at the conclusion of the hearing the Clerk-Magistrate said that he was continuing the hearing for six months and if MK had no law violations during that six month period then findings of NOT responsible would be entered in the case. The six months went by; MK stayed out of trouble. On April 14, 2026, MK and his lawyer went back to Lynn District Court and the Clerk-Magistrate entered findings of NOT responsible as to both charges. MK had won his case. The police appealed! (On these Civil Motor Vehicle Infractions – CMVIs) either side can appeal the ruling of a Clerk-Magistrate.

The Appeal was set down for a hearing before a Judge on May 1, 2026. Although his lawyer had done a good job, MK wanted a “stronger, more assertive” (his words) lawyer to represent him on the Appeal. MK consulted with and retained Attorney Robert Lewin from Andover to represent him on Appeal. Attorney Lewin thoroughly prepared MK’s case. Attorney Lewin prepared a Motion for Findings of Not Responsible in the case. Attorney Lewin obtained a favorable written affidavit from the lawyer who had represented MK at the Clerk-Magistrate Hearing. Attorney Lewin served the motion and affidavit on the Lynn Police Prosecutor.

On May 1, 2026, MK and Attorney Lewin appeared in Lynn District Court in the First Session before the Judge. The Judge read Attorney Lewin’s Motion. Attorney Lewin began to argue the Motion; the Judge turned to the police prosecutor; the police gave up! The prosecutor said that they agreed that MK should be found NOT responsible. The Judge entered findings of NOT responsible as to each of the alleged violations.

April 26, 2026

HIT & RUN – DISMISSED

by Robert D. Lewin

On February 12, 2026, BC, a 59 year old janitor from Haverhill, was on his way to work. He was driving his 2024 Nissan and came to an intersection. According to a lady who was driving a car and coming from BC’s left he pulled out into the intersection directly in front of her causing her car to collide with his car. The lady told police he did not stop and that she turned around and chased after him getting his license plate number. She gave a description of the man who was driving. The police ran the license plate and saw that the car was registered to BC. The police issued BC a citation for Leaving the Scene of a Property Damage Accident and Failutre to Yield at an Intersection.

BC consulted with and retained Attorney Robert Lewin from Andover. BC insisted that he did not hear any collision and he did not feel any collision. BC brought his car to Attorney Lewin’s Office. Attorney Lewin inspected the car and took a series of photos of the car and a video of the car. BC’s car was pristine. It did not have a mark or dent on it. Attorney Lewin submitted the photos to the police. The police response was : “it must have been his tire that hit the lady’s car”. Attorney Lewin’ response to the police was that maybe it was the lady’s imagination that an accident happened at all.

At Attorney Lewin’s direction, BC requested a Clerk-Magistrate Hearing on the citation. On Friday, April 24, 2026 BC and Attorney Lewin appeared at Haverhill District Court for the Clerk-Magistrate Hearing. The police presented their case. Attorney Lewin showed the photos to the Clerk-Magistrate and argued that the visible evidence as shown in the photos clearly showed that no collision had occured at all. And given the lack of physical evidence of a collision, there was NO evidence that BC knew that there had been a collision. Knowledge that there was a collision is an element of the crime and there was no evidence of that. At the conclusion of the hearing, the Assistant Clerk-Magistrate ordered the Application for Crimnal Complaint to be DISMISSED.