Massachusetts Criminal Lawyer Blog

November 10, 2026

Haitian Immigrant – Unlicensed Operation – Charge Avoided

On August 23, 2026, KB, a 30 year old asylum immigrant from Haiti, was driving to work when she got pulled over by the Littleton Police. She had a learner’s permit and a Haitian License. She was alone in the car. The police cited her for Unlicensed Operation and had her car towed. (To their credit the police drove her to work, where she was able to arrange for transportation home.) KB subsequently received a notice from Ayer District Court that the police had filed an application for a criminal complaint against her seeking a complaint for Unlicensed Operation. KB was very frightened that when she went to court that she would be picked up by ICE and deported back to Haiti.

KB contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained the police report and then contacted the Littleton Police Prosecutor. In the meantime KB was successful in getting her full Massachusettrs driver license. The Ayer District Court scheduled a hearing for November 10, 2026. To KB’s great relief the hearing was to be on Zoom, so she did not have to risk getting picked up by ICE at the Courthouse.

Prior to the hearing, Attorney Lewin filed a copy of KB’s license at the court to be used as an Exhibit during the Zoom hearing. On November 10, 2026, KB and Attorney Lewin and the Police Prosecutor all appeared on the Zoom for the Clerk-Magistrate hearing at Ayer District Court. The police prosecutor read the report. The Clerk turned to Attorney Lewin. Attorney Lewin drew the Clerk’s attention to KB’s driver license, a copy of which was in the court file. Attorney Lewin explained that very shortly after the date of the offense, KB had successfully obtained a valid Massachusetts license. In addition, Attorney Lewin pointed out that KB was in a nursing program at Middlesex Community College and that KB was working fulltime. Attorney Lewin asked the Clerk to NOT issue a criminal complaint against KB.

October 30, 2026

Two Assault & Battery Charges Dismissed at Clerk’s Hearing

by Robert D. Lewin

MN is an 18 year old young woman who has been diagnosed with OCD, ADHD, and Intermittent Explosive Disorder. Her intermittent explosive disorder can lead her to have outbursts of anger. Her outbursts of anger can lead her to act impulsively by yelling, throwing objects, and hitting people – especially people close to her. On August 9, 2026, MN had one of her outbursts and shoved her mother to the floor and then banged her mother’s head against the wall. On September 3, 2026 MN had another outburst and hit her mother’s boyfriend in the head twice; he in turn pushed her away. The police were called. No one got arrested. The police, however, filed the following applications for criminal complaints:

Assault & Battery against MN for the August 9, 2026 striking of her mother.
Assault & Battery against MN for the September 3, 2026 striking of the mother’s boyfriend.

October 29, 2026

Speeding Ticket – Finding of NOT Responsible

by Robert D. Lewin

On September 14, 2026, SL, a 26 year old local college campus police officer (!), was cited for speeding 55 mph in a 40 mph zone in North Reading. Because SL had several previous “surchargeable accidents” on his driving record, his insurance premiums were expensive. If he were found responsible of this new speeding ticket his monthly insurance premiums would go through the roof. The speed on the citation was “estimated”; there was no lidar or radar. SL requested a hearing on the citation and a hearing was set up at Woburn District Court for October 27, 2026. SL contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin spoke with the North Reading Police Prosecutor and advocated on SL’s behalf for the police to agree to a finding of not responsible. Attorney Lewin fully prepared for the hearing.

On October 27, 2026, Attorney Lewin and SL appeared in Woburn District Court for the Clerk-Magistrate Hearing on the citation. At the completion of the hearing the Clerk-Magistrate found SL NOT responsible. We call that a win! Attorney Lewin explained the following to SL:

SL had been found NOT responsible of speeding.

October 23, 2026

Furnishing Alcohol to Minors – Charge Avoided

by Robert D. Lewin

On August 21, 2026, SG and GG, two grandparents in their 70s, hosted an end of summer evening pool party at their home for their 16 year old granddaughter and 24 of her school friends. The party got off to a good start; but then word of the party spread and suddenly there were 60+ kids at the house. The police were called by someone for a complainmt of loud noise and the police responded. There were beer cans found in the coolers outside by the pool and there were open bottles of hard liquor found inside the home. Some of the kids ran; the ones who stayed were given portable breath tests by the police. According to the police, both grandparents had the “odor of alcohol on their breath”. One of the kids was actually observed drinking an alcoholic beverage directly in front of the police and the two grandparents. The police gathered up the kids; all the kids’ parents were called and had to come get their child. The police told SG and GG that the police would be seeking a criminal complaint against both of them at Salem District Court for “furnishing” alcohol to a minor. SG and GG sought out a lawyer and contacted and retained Attorney Robert Lewin from Andover.

Attorney Lewin took a detailed statement of the facts from both SG and GG and Attorney Lewin went through the police reports in detail with SG and GG. It became apparent to Attorney Lewin that there was very little evidence that proved that either one of the grandparents had “furnished” alcohol to any minor. There was evidence that showed that some of the alcohol that the police observed had been brought to the party by uninvited guests. Attorney Lewin reached out to the police prosecutor and discussed the case at length with the prosecutor. The case was set down for a Clerk-Magistrate Hearing on October 20, 2026.

On that date Attorney Lewin and SG and GG appeared at Salem District Court for a hearing on the Application for Criminal Complaints that had been filed by the police. At a Clerk-Magistrate Hearing the police do not have to prove beyond a reasonable doubt that the accused had committed the crime; the police only have to establish “probable cause” for the clerk-magistrate to issue a criminal complaint. Probable cause only requires a showing of some believable evidence that the accused had committed the crime. The police prosecutor read the four page (!) police report. The Clerk-Magistrate then turned to Attorney Lewin. Attorney Lewin pointed out that the evidence did not prove that either SG or GG had themselves “furnished” alcohol to anyone. Attorney Lewin then went on to point out that neither SG or GG had any criminal record. Attorney Lewin then asked the Clerk-Magistrate NOT to issue a criminal complaint against either SG or GG.

October 19, 2026

Two 28 Year Old Probation Violation Warrants Cancelled and Probation Terminated

by Robert D. Lewin

In 1998, when FV was 19 years old, he got himself convicted in Lowell District Court of Possession of a Controlled Substance with Intent to Distribute and a separate conviction of Possesion of a Controlled Substance. He was placed on Probation and then in violation of his probation left Massachusetts never to return. He relocated to the State of Georgia and got a Georgia driver license and over the years successfully renewed his Georgia license. Then in 2026 Georgia refused to renew his license. Georgia told FY that the National Driver Registry was showing that his right to drive in Massachuasetts was suspended because of the two outstanding warrants. FV is now 46 years old and holds a major position in a waste management company and absolutely needs his license. FV searched online for a lawyer with warrant cancellation experience in Massachusetts. On Friday, September 11, 2026, FV spoke with and retained Attorney Robert Lewin from Andover.

Attorney Lewin learned that in addition to leaving the state and not reporting to Probation, that after being placed on probation FV had committed a serious felony offense in Georgia and served 3 years in State Prison in Georgia – another ground for violating his probation. Attorney Lewin immediately (the very same day he was hired) went to work on the case. Attorney Lewin went to Lowell District Court and met with the Probation Officer. It appeared as if FV owed $635.00 to Lowell District Court in unpaid fines. Attorney Lewin had FV’s case put on the court list for hearing – without FV present. Normally most courts will not put a case in warrant status on the daily court list for hearing if the Defendant is not present. On Wednesday, September 16, 2026, (just 3 business days after being hired) Attorney Lewin appeared in Lowell District Court. The case was put on the court list and Attorney Lewin addressed the Judge. Attorney Lewin told the Judge that FV had given Attorney Lewin the $635 that FV owed the Court. In addition, Attorney Lewin explained that the offenses for which he was on Probation had occurred 28 years ago and now FV was drug free and had a very substantial job. Attorney Lewin asked the Judge to terminate FV’s probation and cancel the warrants. The Judge turned to the probation officer and probation said they had no objection. Attorney Lewin went and paid the $635 that FV owed the court.

The Judge then took the following action:

October 18, 2026

Motorcycle Crash – Negligent Operation Charge Diverted

by Robert D. Lewin

On August 2, 2026, EK, a 19 year old man, was operating his Kawasaki Ninja in Middleton. He was travelling at about 100 mph into a turn. The bike was leaned far to the left so that his leg was barely scraping the ground when he lost control of the bike. The bike skidded across the road striking an oncoming car on the side. The bike, with EK still on it, went over a guard rail on the side of the road and then travelled back onto the road and came to a stop in the roadway on top of EK. EK’s leg was severely injured and he was taken from the scene to a hospital. His right calf was “degloved”; the skin and fat underneath were completely pulled off exposing the calf muscle. (To this date, October 18, 2026, he is still recovering.) No one in the vehicle he struck was injured. The police cited EK with Negligent Operation of a Motor Vehicle, Speeding, and A Marked Lanes Violation. EK received a summons to appear in Salem District Court for an arraignment on October 7, 2026.

EK works in an auto shop and he absolutely needs his license to work. This was his third surchargeable accident and the registry is requiring him to take the Driver Retraining Program within 90 days to avoid an indefinite suspension of his license. In addition, if he is found guilty of the Negligent Operation charge he will lose his license for 60 days (with NO hardship exemption). In addition, EK has no criminal record and he wanted to keep his record clean. EK and his parents consulted with and retained Attorney Robert Lewin from Andover to defend EK in Salem District Court.

Attorney Lewin immediately went to work on the case and went to Salem District Court to view the court papers. Attorney Lewin sensed there was a procedural error in the way the criminal complaint was issued against EK. When a person is charged with a misdemeanor (such as Negligent Operation) and the person has not been arrested, in the absence of certain conditions not present in EK’s case, the person must be afforded a Clerk-Magistrate hearing before a crimimal complaint can be issued. EK had not been arrested and the criminal complaint against him had been issued without a Clerk-Magistrate Hearing. Attorney Lewin prepared and filed a Motion to Dismiss the case (along with the required Affidavit of Facts and Memorandum of Law). Attorney Lewin explained to EK and his parents that he was doing this to gain leverage with the DA in the case. If the Motion were allowed and case dismissed, the police could refile the charges against EK and he would get his Clerk-Magistrate Hearing and in all likelihood the Clerk-Magistrate would issue a new criminal complaint and we would be right back to where we were. BUT, Attorney Lewin explained to EK and his parents, the police may not want to do that extra work and the DA may not want to bother the police with that extra work. So Attorney Lewin approached the DA and opened up a discussion with the DA about resolving the case in a manner that EK would get NO criminal record, NOT lose his license, and the charges against him – all three of them – would ultimately be dismissed. A crimimal record gets created when an arraignment takes place. Attorney Lewin and the District Attorney agreed on pre-trial diversion.

September 29, 2026

Speeding: NOT Responsible – NO Loss of JOL

by Robert D. Lewin

AM is a 17 year old private school student with a Junior Operator License. He drives himself back and forth to school five days a week and needs his license. On July 16, 2026, he was caught speeding in the Town of Essex, estimated speed of 60 mph in a 30 mph zone. He was pulled over by the police and given a citation for speeding. He and his parents learned that if he was found responsible for the speeding ticket he would lose his JOL (junior operator license) for 90 days. Both of his parents work and he needed to be able to drive himself to get back and forth to school. AM appealed the citation and requested a hearing before a Clerk-Magistrate at Gloucester District Court.

AM and his parents contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin told them there was much that could be done to convince the Clerk-Magistrate not to find AM responsible. Attorney Lewin had AM and his parents furnish Attorney Lewin with the following documents:

AM’s RMV driver record – it was clean.

September 27, 2026

MISTAKEN IDENTITY – WARRANT CANCELLED – ALL CHARGES DROPPED

by Robert D. Lewin

TB, a 62 year old property manager, was accused of Larceny from a Person (a felony), Assault and Battery, and Assault with a Dangerous Weapon (another felony) for an incident occurring on August 31, 2026 in North Andover. The complaining witness called the police and said that TB, a man whom he claims he had known for decades, came to his home in North Andover and beat him and stole a hat from him. An independent witness corroborated the account. And the incident was captured on a surveillance video. The North Andover police investigated and secured a warrant from Lawrence District Court for TB’s arrest. TB lives in NH. TB received a notice of the warrant.

TB consulted with and retained Attorney Robert Lewin from Andover, MA. Attorney Lewin immediately obtained a copy of the police report. TB INSISTED that he was not the person in the police report. TB said he did not know the complaining witness and most importantly TB said that he was at work in Wilmington, MA at the time of the alleged crimes in North Andover. TB was a great client. TB furnished Attorney Lewin time and date stamped photos from surveillance cameras at his workplace that clearly show him in Wilmington, MA on the date and at the time of the alleged offenses. Attorney Lewin immediately contacted the North Andover detective who had brought the charges against TB and who had secured a warrant for TB’s arrest. Attorney Lewin furnished the North Andover Detective with pictures of TB and with the photos from TB’s workplace and said to the North Andover detective “You can’t be in two places at once.”

The very next day (48 hours after Attorney Lewin was hired) the warrant was cancelled and the District Attorney at Lawrence District Court withdrew the charges. As a result TB never had to go to Court and no entry was made on TB’s criminal record.

September 27, 2026

Violation of An Abuse Prevention Order Charge Avoided

by Robert D. Lewin

On July 8, 2026, JV was in the Middlesex Probate Court in Lowell for a hearing on whether the Abuse Prevention Order his wife had taken out against him would be extended. The order – among other things – ordered JV not to have contact with his wife. No contact – among other things – includes not speaking to her. JV was representing himself (big mistake – a good lawyer could have succeeded in defeating the extension of the order). JV is very strong willed (translate stubborn) and can be loud. As the hearing progressed, JV would talk over the Judge and had to be cautioned by the Judge and the Court Officers several times to remain silent (translate shut up) when the Judge was talking. At the end of the hearing the Judge ruled that he was extending the order for an additional 90 days. JV was very upset. The Court Officers escorted JV to a seat in the court room gallery. The Court Officers then escorted JV’s wife out of the courtroom. As JV’s wife approached the bench where JV was sitting JV said “I’ll see you in Superior Court”. The Judge immediately responded – that is a violation of the order, you spoke directly to her. JV said I was talking to you (the Judge), but the Judge was not hearing it. The Judge directed the Court Officers to apply for a criminal complaint against JV for Violation of An Abuse Prevention Order. JV was lucky that the court officers did not arrest him on the spot. He was allowed to leave and told he would receive a notice to go to the District Court for a criminal charge of Violation of the Order.

Five days later on July 13, 2026 the Lowell District Court issued a Notice of Hearing on an application for a criminal complaint that had been filed by the Court Officer from the Probate Court. The hearing was scheduled for 9/11/2026. JV met with and retained Attorney Robert Lewin from Andover. It normally takes upwards of 6 months to get a hearing date in Lowell District Court. When Attorney Lewin saw how quickly this hearing had been scheduled, Attorney Lewin told JV somebody put their thumb on the scale to push this case quickly. This was a Judge and a Court Officer on the 5th floor of the Lowell Courthouse asking a Clerk-Magistrate on the 3rd floor of the same courthouse to charge JV with a crime that allegedly occurred in the building. Attorney Lewin thoroughly prepared the case and obtained a copy of the recording of the proceedings in the probate court from back on July 8, 2026. Sure enough you could hear JV say “I’ll see you in Superior Court.”

On September 11, 2026, JV and Attorney Lewin appeared in Lowell District Court for a Hearing before the Clerk-Magistrate to determine whether a criminal complaint would be issued against JV. The Court Officer was present and read his report to the Clerk-Magistrate. The Clerk-Magistrate then turned to Attorney Lewin. Attorney Lewin was well prepared. He pointed out that the statement that JV had made was made in a moment of frustration with the Probate Court Judge’s ruling extending the Abuse Prevention Order. That the statement did not contain any threat of harm or violence. Attorney suggested that the Clerk-Magistrate not issue a criminal complaint, but rather continue the hearing for a short period of time and then – if there are no other violations of the law – the application for complaint could be denied and no complaint would be issued.

August 26, 2026

ANOTHER SHOPLIFTING CHARGE AVOIDED

by Robert D. Lewin

On May 18, 2026, ET, a 67 year old administrative employee for a pharmaceutical company, went to the Target store in Wilmington. As she had done on several prior occassions she had a number of items in her cart and proceded through the self check out area. She scanned two items and did not scan the remaining items and placed all the items in a bag and headed for the door. She was stopped by store security and brought back to the loss prevention office. Using their facial recognition software they were able to identify ET as having shoplifted on a number of prior occasions. The Wilmington Police responded to the store and took ET’s information and told her she would receive a notice to go to court. ET was served with a written NO TRESPASS order from the store and was then allowed to leave the store.

ET researched lawyers and then met with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained a copy of the police report and reviewed it with ET. As he always does, Attorney Lewin reached out to the police prosecutor and discussed the case with him. The aim of the discussion was to try to reach an agreement with the police to not have a criminal complaint be issued against ET.

The case was set down for a Clerk-Magistrate Hearing at Woburn District Court. On August 5, 2026, ET and Attorney Lewin appeared at Woburn District Court for the Clerk-Magistrate Hearing. The Assistant Clerk-Magistrate conducting the hearing asked the police prosecutor and Attorney Lewin if they had discussed a possible resolution of the case. The Police Prosecutor said yes and suggested continuing the hearing for three months and if ET stayed out of the store and did not get into any trouble with the law then the case could be dismissed and no one would have to return to court. Attorney Lewin confirmed that he and ET were in agreement with that proposal.