Massachusetts Criminal Lawyer Blog

June 9, 2024

DESTRUCTION OF PROPERTY CHARGE AVOIDED

KM, a strikingly beautiful 22 year old single mom, made a poor choice of boyfriend. She had an apartment in Methuen and he moved in with her. She became pregnant and then the boyfriend cheated on her. How did KM know? She found a video on the boyfriend’s cell phone of the boyfriend and the “other woman” having sex! In a moment of anger, KM broke the bathroom door in the apartment and put a whole in the wall. Yes, she has a temper. The boyfriend called the police. (You can’t make this stuff up.) The police came, investigated, and applied for a criminal complaint against KM for malicious destruction of property in Lawrence District Court. The application was set down for a Clerk-Magistrate hearing on January 30, 2024. KM consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin contacted the Police prosecutor and explained the entire episode to the police prosecutor. KM had a family member who could do repair work and could fix the door and the wall.

On January 30, 2024, KM and Attorney Lewin appeared in Lawrence District Court for the Clerk-Magistrate Hearing. Attorney Lewin explained the situation to the Clerk-Magistrate. Attorney Lewin proposed that the Clerk-Magistrate take no action on the application for criminal complaint and continue the hearing for 3 months to give KM an opportunity to fix the door and fix the hole in the wall. The Clerk-Magistrate (and the police prosecutor) agreed with Attorney Lewin’s suggestion and the hearing was continued to April 30, 2024. The Clerk-Magistrate said that if the repairs were completed before that date the no one had to come to court and the matter would be dismissed.

June 8, 2024

Another Hit & Run Charge Avoided

by Robert D. Lewin

On August 30, 2023, NN, a 44 year old software engineer from Rowley, was on his way home at about 1:20 in the morning after a “night out”. As he prepared to make a right turn onto his street, he missed the street. So he put his car into reverse and proceeded to back up. Unfortunately, he backed up into a neighbor’s driveway, striking the front end of a pick up truck that was parked in the driveway, pushing the back end of the pickup truck into the side of the garage causing damage to both the pickup truck and the garage. Not realizing what he had done, NN put his vehicle in drive and pulled out of the driveway and pulled into his own driveway, went in his house, and went to sleep!

Unfortunately for NN, parts of his car were left in the neighbor’s driveway and it did not take the police long to figure out that it was NN’s vehicle that had caused the damage. The police contacted NN and he made admissions to the police that he had been driving that early morning, but he had no memory of the accident. The police served a citation for leaving the scene of a property damage accident on NN, and a Clerk-Magistrate Hearing was scheduled in Newburyport District Court for October 25, 2023. NN consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin contacted the homeowner whose truck and house had been damaged. Fortunately for NN the cost to repair the damage to the house and the pickup truck was not great. NN did not want to be surcharged on his insurance. Attorney Lewin was able to negotiate a reasonable settlement of the damage to the truck and the house which NN was more than willing to pay. Attorney Lewin then spoke to the police prosecutor from Rowley and explained that Attorney Lewin had been able to arrange for the neighbor to be fully paid for the damage that had been caused. In return, Attorney Lewin was able to get the police to agree that at the Clerk-Magistrate Hearing the police would not be opposed to a criminal complaint NOT being issued against NN.

June 4, 2024

Another Domestic Assault & Battery Charge Avoided

by Robert D. Lewin

On Saturday, April 13, 2024, DP, a 49 year old registered nurse from Andover, went to her ex-husband’s house. She had just finished a work shift and had called her two young daughters who were at her ex-husband’s house for his parenting time. When she called she could tell that he had been drinking and was not sober. She immediately drove to his house from her work to get the girls (ages 11 and 9). When she got there and went to check on the girls, he blocked her way. She pushed him out of the way and in the process cut his lip. He called 911 and the police came. The police did not arrest her, but told her she would be summonsed to court. Shortly thereafter, DP received a notice from Lawrence District Court that an Application for Criminal Complaint had been filed against her by the Andover Police for domestic assault and battery and that a hearing would be held on May 30, 2024 to determine if a criminal complaint would be issued against her. DP consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin felt it would be outrageous if in these circumstances DP would be charged. She went to the house to protect her daughters. Attorney Lewin immediately contacted DP’s ex-husband and he agreed (!) that DP should not be charged. Attorney Lewin had a lengthy communication with the Andover Police Prosecutor and laid out all the facts for him.

On May 30, 2024, DP and Attorney Lewin (and DP’s ex-husband) appeared at Lawrence District Court for a Clerk-Magistrate Hearing. Attorney Lewin had DP’s ex-husband testify that he did not want a criminal complaint to be issued against DP. Attorney Lewin explained all the circumstances to the Clerk-Magistrate. The Clerk-Magistrate agreed with Attorney Lewin and denied the application for criminal complaint and dismissed the case.

June 2, 2024

Driving After Suspension Charged Dismissed at Clerk-Magistrate Hearing

by Robert D. Lewin

On April 19, 2024, JH, a 25 year old financial assistant at a large university, got pulled over by the Andover Police for driving on a suspended license. Three days later JH contacted Attorney Robert Lewin from Andover. Attorney Lewin instructed JH to immediately (that same day) request a Clerk-Magistrate Hearing at Lawrence District Court. Attorney Lewin could see that the suspension of the license was due to a snafu at the RMV. Attorney Lewin instructed JH as to what he should do to get his license reinstated at the RMV. Two days later, JH, following Attorney Lewin’s instructions, was able to get his license reinstated.

On May 30, 2024, Attorney Lewin and JH went to Lawrence District Court for a Clerk-Magistrate Hearing. Prior to the hearing, Attorney Lewin had spoken with the Andover Police Prosecutor and had explained the snafu at the RMV and had furnished the prosecutor with a copy of JH’s new license. At the hearing, Attorney Lewin explained the situation to the Clerk-Magistrate. The Clerk-Magistrate then declined to issue a criminal complaint against JH and dismissed the case.

Although this was a relatively simple case, it was thoroughly prepared by Attorney Lewin. JH was an excellent client and followed Attorney Lewin’s instructions. The preparation paid off and the case was dismissed without a criminal complaint issuing against JH. Attorney Lewin explained to JH the following:

June 2, 2024

Alien (Indian) Shoplifter NOT Charged

by Robert D. Lewin

On April 29, 2024, ML, a 32 year old Indian woman, was caught shoplifting at a large department store in Cambridge. She had been shoplifting from that store for a considerable time and had now put in danger her ability to stay here in the U.S. She is in the U.S. on a student visa, and shoplifting (larceny) is a deportable offense. In May of 2024 she was due to graduate from one of the most prestigious universities in Boston with a graduate degree. ML contacted Attorney Robert Lewin from Andover. Attorney Lewin explained in detail the deportation consequences of a shoplifting conviction and he explained the importance of immediately opening a conversation with the police. ML retained Attorney Lewin.

Attorney Lewin immediately contacted the police prosecutor from Cambridge and then Attorney Lewin was able to speak with the actual officer who was investigating ML’s case and who would make the decision about prosecuting the case in court. Because ML had contacted Attorney Lewin immediately after being caught and before any court action had been begun, there was a chance (non-existent in most cases) that the case could be stopped BEFORE any court action was begun by the police (or the store). On May 17, 2024, after several productive conversations with the police, the police agreed NOT to bring any charges against ML, provided she stay out of the store for one year and provided that she pay $985 in restitution to the store. ML paid the restitution that same day. ML then attended her graduation!

It is very unusual to be able to “kill” one of these shoplifting cases at the “police station” level without the case going to a Clerk-Magistrate hearing. As a result of this disposition, Attorney Lewin explained the following to ML.

May 27, 2024

Five Warrants in Two Courts – ALL CLEARED IN TWO DAYS

by Robert D. Lewin

In 2013 MC, then a 40 year old female, racked up 4 larceny cases in Lowell District Court (3 of them felonies) and 1 felony larceny case in Woburn District Court. In 2013 she got all the cases resolved with a probationary term. She failed to comply with all the terms of probation: she did not report to probation, she did not submit to drug and alcohol testing, and she did not pay her court fees and fines. All five cases went into warrant status. She was “on the run”: for the last 11 years. She got tired of running and not having a driver license.

On May 15, 2024 she called Attorney Robert Lewin from Andover. They had a lengthy conference on the phone. Attorney Lewin was able to view all her cases online. Attorney Lewin could see the following:

MC had truly rehabilitated herself.

April 28, 2024

Another Hit & Run Charge Avoided

by Robert D. Lewin

On January 11, 2024, JM, a 20 year old sheet metal worker, was on his way to work at 6:45 in the morning. He was driving on a street in Andover when a Town Forestry truck with a chipper attached pulled in front of him. He braked but could not stop and struck the rear of the chipper. He kept driving and left the scene without stopping and giving his info. Several hours later, after talking the situation over with his father, he drove to the Andover PD and self-reported the accident. The police told him he should have stopped at the scene and they gave him a citation for leaving the scene of an accident! (Only in Andover would the police cite someone who 3 hours after the accident self-reported the accident.)

As a 20 year old driver, JM was facing a substantial loss of license if charged and convicted. JM and his father contacted and hired Attorney Robert Lewin from Andover. Attorney Lewin advised JM to immediately request a clerk-magistrate hearing which JM did. Attorney Lewin contacted the Andover Police Prosecutor and pointed out that within three hours of the accident JM self-reported the accident and identified himself as the driver of the car. Attorney Lewin did some investigation and it turns out that although there was clearly a collision between JM’s vehicle and the chipper, the chipper had not sustained any damage. One of the elements of the crime of Leaving the Scene (Hit and Run) is that there must be some damage to the other vehicle. JM’s vehicle was damaged, but it turns out that the chipper had sustained no damage. Attorney Lewin was able to get the Town Forestry Assistant Manager to confirm that there was no damager to the chipper. Attorney Lewin notified the Police Prosecutor that there was no damage to the chipper.

On April 25, 2024, JM and Attorney Lewin appeared at Lawrence District Court for the Clerk-Magistrate hearing. The case was called and JM and Attorney Lewin walked into the hearing room. The Assistant Clerk-Magistrate and the Police Prosecutor were present in the room. It was obvious that the Clerk-Magistrate and the Police Prosecutor had discussed the case. The Clerk-Magistrate turned to Attorney Lewin and said what would you like me to do. Attorney Lewin said dismiss the case. The Clerk-Magistrate then said “I am entering a finding of NO probable cause and NO criminal complaint will be issued. This matter is dismissed” The hearing took about 30 seconds.

April 23, 2024

Another Domestic Assault & Battery Win (Alien Client)

by Robert D. Lewin

On February 10, 2024, SQ, a 50 year old software developer, and his wife got into an argument. According to the Ipswich Police Department Report, SQ got into his wife’s face, she pushed him back, and then he punched her with a closed fist in the mouth, cutting her mouth and causing her to bleed down onto her chin. She immediately ran out of the house and drove to the police station and reported what had happened. The police took photos of her, and drove to the house and arrested SQ. SQ went to court and was arraigned. SQ then contacted and retained Attorney Robert Lewin of Andover.

Attorney Lewin reviewed the facts of the case and the police reports carefully. SQ’s wife decided she did not want to testify against her husband. Oftentimes, that causes the case to be dismissed; however, where there is independent evidence that an assault occurred and that the accused committed the assault, the state can go forward with the prosecution. In SQ’s case the police had the wife’s detailed statements at the police station as to the punch in the mouth, and they had photographs of her bloody face and cut lip. Attorney Lewin filed a detailed Motion to Exclude from evidence at the trial the statements SQ’s wife made to the police. (If the Judge determines that the statements were an “excited or spontaneous utterance”, then the police will be allowed to testify at trial as to the statements made by SQ’s wife. If the Judge determines that the statements were not an “excited or spontaneous utterance”, then the police will not be allowed to testify at trial as to the statements made by SQ’s wife.)

The case was set down for trial on April 10, 2024. Prior to that date, Attorney Lewin met with the Assistant District Attorney and reviewed with the Assistant DA, Attorney Lewin’s Motion to Exclude the statements made by the wife at the police station. Attorney Lewin was able to get the Assistant DA to agree that her statements at the police station were not an “excited or spontaneous utterance”. This was a huge step for the defense.

April 20, 2024

Hit & Run – Prosecution Avoided and Insurance Surcharge Avoided

by Robert D. Lewin

On February 21, 2024 AL, a 32 year old social-worker, was pulling out of a parking space at a local Walgreens Pharmacy. She sideswiped the car next to her. She paused and then drove off. This was not captured on video; however, someone in the parking lot saw the accident and wrote down the number plate of her car and called the police and reported the hit and run. The police ran the plate and sent AL (who was the registered owner of the car) a letter requesting (demanding) that she contact the police. AL contacted and retained Attorney Robert Lewin from Andover to represent her. Attorney Lewin told her not to contact the police, and that he would contact the police for her. AL did NOT want to be charged criminally with Leaving the Scene and she was willing to pay the damage to the other vehicle so that she would NOT be surcharged on her insurance.

Attorney Lewin immediately contacted the police and was able to obtain a copy of the police crash report. Attorney Lewin spoke with the officer who handles the hit and run cases and was successful in negotiating a resolution of the case without AL being charged with any criminal offense. Attorney Lewin contacted the owner of the other car and arranged for AL to pay the owner directly the $800 cost to repair the car without involving the insurance company.

As a result of Attorney Lewin’s handling of the case, AL was NOT charged with hit and run (Leaving the Scene) and she was NOT surcharged on her insurance. (The $800 cost that she had to pay to the owner of the other car was less than the amount her insurance would have increased.) AL was very happy with the result.

March 2, 2024

Domestic Assault and Battery And Witness Intimidation Charges Dismissed

by Robert D. Lewin

AL, a 31 year old technical advisor from Andover, and his wife DL, are in a difficult marriage. They have one child, a 2 year old daughter. On August 22, 2023, DL called the police and alleged that her husband had struck her and had taken her phone and thrown it into the woods. The police responded and arrested AL. AL was charged with Assault and Battery on Household Member and Witness Intimidation. AL met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin obtained a copy of the 911 call. It was immediately apparent that the 911 call was made a significant time after the dispute between Al and DL and the call did not have the hallmarks of an excited utterance.

Attorney Lewin filed a Motion to Exclude the 911 call as evidence in the case on the grounds that it was not an excited utterance. The Motion was set down for a hearing on December 7, 2023. On December 7, 2023 AL and Attorney Lewin appeared in Lawrence District Court for a hearing on the Motion. The Motion was called for a hearing before the Judge and the Assistant District Attorney conceded that Attorney Lewin was correct and that the Commonwealth would not be using the 911 call as evidence. The case was set down for trial on February 5, 2024.