Massachusetts Criminal Lawyer Blog

January 12, 2021

11 YEAR OLD WARRANT CANCELLED – CASE DISMISSED

In 2009 DH, a then 29 year old homeless man, was arrested in Peabody and charged with Trespassing and Disorderly Conduct. DH had a six page criminal record. He defaulted in Court and a warrant was issued for his arrest. He went to California and lived in CA for a number of years. DH got his life together and then returned to MA. He got married, got a good job, and went back to school. But he could not drive because he could not get a license due to the warrants in Peabody District Court. DH contacted Attorney Robert Lewin from Andover and they had an initial conference via FaceTime. DH retained Attorney Lewin.

Attorney Lewin immediately obtained all the court papers and the police report from the 2009 case. Attorney Lewin then reached out to the District Attorney’s Office and discussed the case at length with the DA. Attorney Lewin asked the DA to dismiss the case.

On January 12, 2021 Attorney Lewin and DH appeared in Peabody District Court. DH appeared in person and Attorney Lewin appeared via zoom. The case was called and Attorney Lewin and the Assistant District Attorney made a joint request of the Judge to cancel the warrant and dismiss the case. The Judge agreed. DH left the Court with no warrant hanging over his head and his 11 year old case dismissed. He was a happy client!

December 17, 2020

ANOTHER HIT & RUN CASE WON

by Robert D. Lewin

On July 1, 2020 a homeowner in Byfield, MA heard a loud crash outside her home. She went outside and observed an SVU pulling away from a utility pole. The pole was badly damaged. The SUV left the scene. She called the police and they found a number of parts from the SUV at the scene. Over the next few weeks the police did an investigation and they identified the parts as coming from a particular year and make of vehicle. A search of the RMV data base showed such a vehicle registered to JW who lived not far from the accident scene. It took several weeks and when they got to JW’s house they found the SUV – with no damage at all on it. A search of auto repair shops showed that the SUV had been brought in to a particular shop and had had repairs made to it – repairs that were consistent with the accident. A check with JW’s insurance company showed that they had paid for the damages to the SUV. The police went to speak with JW but he said nothing o them – absolutely nothing. He exercised his right to remain silent and would not answer one question. (Smart guy.) The police cited JW with Leaving the Scene and Failing to File a Police Report of an Accident and issued him a citation. JW called Attorney Robert Lewin from Andover. Attorney Lewin advised JW to immediately file the citation at Newburyport District Court and request a Clerk-Magistrate hearing.

JW retained Attorney Robert Lewin. (As it turns out JW had had Attorney Lewin represent him previously in another hit & run case which Attorney Lewin won.) Attorney Lewin immediately identified two problems with the police case against JW.

First: The leaving the scene charge requires the police to prove that JW was driving the car at the time of the accident. From the evidence the police had, the police could establish probable cause that it was JW’s vehicle that was involved in the accident. But that is not enough. They had to prove that JW was driving the vehicle at the time of the accident. There was no evidence of this.

December 15, 2020

HARASSMENT PROTECTION ORDER DENIED

by Robert D. Lewin

TP is a 34 year old sales manager working for an international company based in Massachusetts. He resides in Canada. In 2016 he was at the company headquarters in Massachusetts and went up to Salem on Halloween night. He met a married woman (NR) and they began a dating relationship. He would visit her when he was in MA and she made several trips to Canada to visit him. Well as luck would have it NR got pregnant and in August 2018 a baby daughter was born. DNA tests established that TP was the father. Their dating relationship continued and he developed a relationship with their daughter. He came to MA often and always spent most of the time here with his daughter. He had FaceTime visits with her almost daily. For Halloween 2020 TP came down to MA and spent ten days here. Most of that time was spent with his daughter – who is now 2+ years old. At the end of his ten day visit TP returned to Canada. When he got back NR told him that she was cutting off all of his contact with their daughter and that NR did not want him contacting her (NR). NR also said that she would not facilitate FaceTime visits with their daughter any longer.

TP was then served with a Notice from Lynn District Court that NR had applied for a restraining order against him and that a hearing was scheduled for Monday, December 14, 2020 via ZOOM. TP had commenced proceedings in the Probate Court to establish paternity and get visitation, but his Probate Court lawyer told TP that she did not handle restraining order cases in the District Court. TP contacted and retained Attorney Robert Lewin from Andover to represent him in Lynn District Court to defend against the Harassment Protection Order. Attorney Lewin immediately obtained copies of the Complaint for Protection and the Affidavit that NR had filed at Court. TP sent to Attorney Lewin all the text messages between TP and NR as well as some text messages that NR had sent to TP’s sister. These text messages were important because they clearly showed that NR had made absolutely no complaints to TP (or his sister) that TP was harassing NR. Attorney Lewin electronically filed all the text messages with the Court so that they could be used during the hearing before the Judge. Attorney Lewin also electronically served copies of the text messages on NR.

The Court hearing was scheduled for Monday, December 14, 2020. On Friday, December 11 and again on Sunday, December 13 Attorney Lewin and TP spent about 1 1/2 hours (each day) preparing for the Court hearing. TP was fully prepared to testify at the hearing and Attorney Lewin even told TP what to wear for the ZOOM hearing. At 10:00 AM on Monday, December 14, 2020 TP and Attorney Lewin and NR and her attorney appeared before the Judge via ZOOM. In order to get an Harassment Protection Order NR needed to prove three separate acts of willful and malicious conduct. NR’s affidavit itself did not allege or set forth three separate acts. When the case was called Attorney Lewin told the Judge that the Defense was ready. NR and her lawyer folded their tent and withdrew their request for an order.

November 30, 2020

DRIVING ON SUSPENDED LICENSE DISMISSED AT CLERK’S HEARING

by Robert D. Lewin

On January 10, 2020, ZC, a 29 year old software engineer was driving his car in Weymouth when he got pulled over by the state police because his rear registration plate did not have the small sticker affixed to it. When the trooper ran the license and registration it turned out that ZC’s license had been suspended in 2019 for failing to pay a ticket that had been issued against him in 2019. ZC works for the Commonwealth and it was important for him not to have any criminal record. The state trooper issued ZC a citation for Operating After Suspension of License. ZC took the ticket and mailed it to the Quincy District Court and requested a Clerk-Magistrate Hearing.

The following week ZC went to the Registry and paid the old ticket. He had moved and never received the old ticket nor did he ever receive the Notice of Suspension from the Registry. (Of course, it was his obligation to notify the Registry of his change of address.) Once he paid that old ticket he then paid a reinstatement fee and the Registry reinstated his license.

ZC did not want to get a criminal record. ZC met with (via ZOOM) and retained Attorney Robert Lewin from Andover. Attorney Lewin commended ZC for taking care of the old ticket, the change of address, and paying the reinstatement fee and getting reinstated.

November 11, 2020

MISTAKEN IDENTITY CASE WON

by Robert D. Lewin

On January 26, 2020, EG, an 18 year old female high school senior, went to an under 21 night club in Cambridge with two girlfriends. EG had never been there before. At about 1:30 am as EG and her two girlfriends were leaving the club, a twenty year old female who had also been at the club was attacked by three girls who had been at the club. The attack was vicious. The victim’s jewelry was ripped from her body; her iphone was stolen; and a wig that she wears because of a medical condition was ripped off her head. Two of the three girls were identified by a witness who knew them. The third attacker was not identified. As the result of certain text messages sent from EG’s phone, EG was asked to go to the Cambridge Police Station. EG went and met with the police and gave a recorded interview that lasted over an hour. EG steadfastly denied taking place in the attack. Nevertheless, she was charged with being the third attacker. EG was totally innocent and had not participated in the attack in any way. EG was charged with unarmed robbery – a felony punishable by up to life in prison. EG had already been accepted to a prestigious college and needless to say this charge could have derailed her plans for college.

EG and her Mother sought out an attorney. EG and her Mother met with Attorney Robert Lewin of Andover. Due to the coronavirus they met via FaceTime. The initial interview took over two hours. Attorney Lewin explained the seriousness of the charge and what needed to be done to properly prepare and investigate the case. EG and her mother retained Attorney Lewin.

Attorney Lewin sent his investigator out to speak with the two women who had been with EG that night. They both gave statements to the investigator that exonerated EG. They both told the investigator that they and EG left the club together; that they saw the fight taking place; that none of them – including EG – had anything to do with the fight; that they then left the area of the club and went home. One of the girls also told the investigator that her cell phone had died and that she used EG’s cell phone to send the text messages that the police found concerning.

November 5, 2020

SHOPLIFTING CHARGE AVOIDED IN WALTHAM DISTRICT COURT

by Robert D. Lewin

On March 1, 2020, RL, a 22 year old senior at a prestigious local university, went into a market in Waltham and stole (shoplifted) about $36.00 worth of merchandise. She got caught. RL is a Chinese National here on a student visa. She saw her life passing in front of her: she jeopardized her graduation and degree from the University and she jeopardized her ability to return to the United States if she left the U.S. and then tried to return. RL contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin told RL that if the case were handled carefully then prosecution could possibly be avoided. Shortly after March 1 as a result of the coronavirus pandemic RL was forced o return to China.

Attorney Lewin requested a Clerk-Magistrate hearing. The hearing was scheduled for April 2, 2020 but because of the pandemic had to be rescheduled three times. Attorney Lewin spoke at length with the police prosecutor from Waltham and explained the situation that RL had put herself in. Attorney Lewin advocated for the police to dismiss their application for criminal complaint.

On Thursday, October 29, 2020 a virtual (via zoom) Clerk-Magistrate Hearing was held at Waltham District Court. Attorney Lewin explained RL’s situation and (as Attorney Lewin had requested) the police prosecutor told the Clerk-Magistrate that the police were withdrawing their application for criminal complaint. This was the best of all possible results.

November 3, 2020

Two Assault Charges Dismissed In Haverhill District Court

by Robert D. Lewin

On March 2, 2020 five grown men (ages 62, 53, 47, 43, and 27) all of whom knew one another got into a brawl in Haverhill, MA. During the brawl the 27 year old pulled out a knife and stabbed the 53 year old. No one died, but the 53 year old had a serious injury to his leg that required a period of hospitalization followed by a period of rehabilitation. The 47 and the 43 year old were brothers and they were accused of holding down to the ground and kicking the 62 year old and the 27 year old. Charges were brought against all five men. All five men sought out and retained lawyers.

The 47 year old (SO) consulted with and retained Attorney Robert Lewin from Andover, MA. SO was charged with Assault & Battery on a Person 60 years or Older (a felony) and with Assault & Battery. SO was a fireman in a local fire department and a felony conviction could cost him his job. In his very first appointment with Attorney Lewin, Attorney Lewin told SM that it was in the interest of all five men to have all the cases go away. Attorney Lewin explained that this would require all five of the men to refuse to testify against the others. This meant that those of the five men who were real victims would have to be willing to let go of the charges against the person(s) who had struck them. Attorney Lewin told SO that he would “quarterback” getting all the lawyers to get their clients to agree. SO very much wanted the charges against himself to be dropped and he was more than willing to drop the charges against the men who had assaulted him.

Attorney Lewin spoke with the four other lawyers. Everyone was on board – except the 53 year old who had been stabbed. He wanted the 27 year old prosecuted and convicted. But, as usual, there was a wrinkle. The 53 year old was himself on probation for an assault and he had other pending cases; therefore, this new case which included a charge against the 53 year old presented a problem for the 53 year old.

November 3, 2020

KIDNAPPING CHARGE TO BE DISMISSED

by Robert D. Lewin

On November 7, 2019 KM, an 18 year old female from Andover, was released rom a Mental Hospital after being treated as an in-patient for schizophrenia. On the next day, KM drove to Tewksbury picked up her 13 year old female cousin, telling the cousin that the cousin’s Mother had asked KM to pick her up from the school bus. KM brought the cousin to KM’s parents’ apartment in Andover. KM’s parents were out of the country. KM suffers from mental illness and refused to bring her cousin back home to Tewksbury. KM locked herself and the cousin in KM’s bedroom and took KM’s phone away. KM texted to her cousin’s mother that KM was going to have the cousin sleep over. The Mother texted KM back that the cousin was not to sleep over. The mother attempted to text and call her daughter, but KM had taken her cousin’s phone away.

The cousin’s mother left work and headed to KM’s parents’ apartment in Andover. KM also called the police. The mother and the police met at the apartment at about the same time. They banged on the door but there was no response. The Mother was frantic and explained to the police the KM’s schizophrenia caused KM to be delusional and she feared that KM had harmed her daughter. The police banged and pushed on the door of the apartment but it was locked with the deadbolt. The police then called for “breaching tools”. Just before breaking the door down the police heard screaming and screeching from within the apartment. They heard the cousin yelling “Let me go, Let me go, I want to get out, help me.” The police then broke the door down. The cousin came running out of the apartment in tears. The police entered the apartment. KM was sitting on a couch as if nothing had happened. The police cuffed KM. The police took a detailed statement from the cousin who told them how KM had taken her phone and refused to let her call her parents and refused to take her home. The cousin told the police that KM was convulsing and talking nonsense. The police brought KM to the hospital where she was involuntarily committed as a mentally ill person who was dangerous. The police filed criminal charges against KM of Kidnapping (a felony) and witness intimidation (a felony).

KM’s parents sought out a lawyer and met with Attorney Robert Lewin from Andover. KM’s parents retained Attorney Lewin. Attorney Lewin immediately got KM into treatment with a psychiatrist and a mental health counselor. Attorney Lewin recognized the need to ultimately convince a Judge that KM was not dangerous and did not need to be locked up. Attorney Lewin also recognized that some time was needed to let everyone’s emotions calm down (especially the cousin and her mother).

October 4, 2020

Eight Warrants Cancelled – Probation Violations Dismissed – Huge Win

by Robert D. Lewin

In March of 2019, JF, a 47 year old single father of two disabled children living in AZ contacted Attorney Robert Lewin of Andover, MA. JF had eight warrants outstanding – all in Malden District Court. The warrants dated back to 2008 and 2009. As a result of the warrants JF’s right to drive had been suspended by the Massachusetts RMV. That suspension had been entered into the National Driver Register and as a result JF had not been able to renew his AZ license since 2010. JF asked Attorney Lewin to look into the warrants and advise him. Attorney Lewin went to Malden Court and was able to get all the papers from the eight cases. In four of the cases, JF had plead guilty back in 2008 and had 3 suspended sentences hanging over his head: there was a 1 year suspended sentence, a 6 month suspended sentence, and a 3 month suspended sentence. All of the cases were convictions for violating an abuse prevention order. In addition, JF had 4 additional cases – all for violation of an abuse prevention order – on which he had never been arraigned. [JF’s former wife had obtained an abuse prevention order against JF and JF violated the order 8 times.].

JF was in trouble. He had left the state in violation of his probation; he had failed to report to probation; he did not enroll in or complete the batterers program as ordered; and he continued to violate the abuse prevention order after being placed on probation. His probation officer was still working as a probation officer in 2019; she remembered the case, and she wanted his probation to be revoked and the 1 year suspended sentence to be put into effect. She wanted him to do a year in jail.

The District Attorney’s Office wanted a piece of his skin as well; on the cases on which he had not yet been arraigned they wanted him to do an additional 9 months.

September 22, 2020

Road Rage Charge Avoided

by Robert D. Lewin

On February 27, 2020 NH, a 34 year old maintenance technician, was working on a job site in North Andover. He got a call to report back in to the company headquarters in Haverhill. He got in his company van and headed up Route 125N to Industrial Way. As he proceeded up Industrial Way toward the entrance ramp to I-495 North he observed a black jeep behind him to his left. The road ahead was narrowed by cones from two lanes to one lane. The Jeep passed him on the left and then had to cut back sharply in front of NH to avoid striking the cones. NH had to slam on his brakes to avoid colliding with the Jeep which had pulled directly in front of NH. The Jeep then proceeded ahead and as the Jeep approached the split where the ramp to I-495N bears to the right it appeared as if the Jeep was going to proceed straight on Industrial Way. Suddenly and without signaling the Jeep pulled to the right onto the I-495 ramp again cutting in front of NH. Once again NH had to slam on his brakes to avoid striking the Jeep. The Jeep continued down the ramp onto I-495N travelling at about 20 mph. Once on I-495 NH then pulled to the left, passed the Jeep, and then after signaling pulled back to the right and exited I-495 at exit 50 to head to his company headquarters. Several hours later NH got a call from the State Police. The police asked NH if he had been involved in an incident with another vehicle. NH described to the State Trooper exactly what had happened with the Jeep. Some time later NH received a citation in the mail for Operating to Endanger the Lives and Safety of the Public. This is a criminal offense that carries up to 2 years in jail plus a mandatory loss of license.

The driver of the Jeep called the State Police and then went to the State Police Barracks and filed a report. She claimed that after she passed by NH on Industrial Way and pulled in front of him that NH was tailgating her dangerously as they proceeded down the ramp onto I-495N. She then claimed that NH “whipped around [her] on the second lane, pulled next to [her], and then moved into [her] lane in an obvious attempt to ram [her] into the cement barrier.” The police viewed this as a road rage incident.

NH was smart. He immediately took the citation and brought it to Haverhill District Court to request a Clerk-Magistrate Hearing. NH then contacted and retained Attorney Robert Lewin of Andover. Attorney Lewin immediately obtained a copy of the police report and sat down with NH and reviewed the report in detail. Attorney Lewin found NH to be a very credible witness. Subsequently, the case was set down for a Clerk-Magistrate Hearing on September 22, 2020. Normally, most criminal lawyers will not have their clients testify at a Clerk-Magistrate hearing. The reason for this is that in the event the Clerk-Magistrate issues a criminal complaint and the case subsequently goes to trial the Defense wants to have a clean slate – that is, the Defense does not want the government to have the benefit of the accused’s (recorded) testimony from the Clerk-Magistrate Hearing. In NH’s case, however, NH had already given a complete written statement to the State Police. It was a very detailed statement. As a result there was no downside to having NH testify at the hearing.