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On November 15, 2019 KA, a 21 year old Senior at Salem State, put his college enrollment and graduation at risk by breaking into a campus building and stealing a case of beverages from the school cafeteria. At 2:30 in the morning he and another student entered the building and were in the process of stealing the bottles of beverages when the campus police came upon the two students. KA and the other student ran. KA got away; the other student did not. The other student identified KA for the campus police as the other intruder.

The police applied for a criminal complaint against KA for breaking and entering and larceny; the application was set up for a hearing before a Clerk-Magistrate at Salem District Court. The hearing was scheduled for Friday, January 17, 2020. Three days before the hearing, KA and his mother consulted with and retained Attorney Robert Lewin from North Andover. Attorney Lewin immediately took control of the case. Attorney Lewin obtained and reviewed the police reports with KA. Attorney Lewin then reached out to the officer in charge of the case and the police prosecutor and advocated for the case to be diverted out of the criminal justice system. The Essex County DA’s Office runs a diversion program the principal benefit of which is to completely avoid criminal prosecution. Attorney Lewin then went over to Salem District Court and met with the head of the diversion program and advocated for the program to accept KA. The program director agreed that KA was a suitable candidate for the program.

On January 27, 2020 KA, his Mother, and Attorney Lewin appeared at Salem District Curt for the hearing before the Clerk-Magistrate. At the commencement of the hearing Attorney Lewin pointed out to the Clerk-Magistrate that Attorney Lewin had already spoken to the program director and that the program director felt that KA was a suitable candidate for the program. The police prosecutor told the Clerk-Magistrate that the police did not object to KA’s case being diverted. The Clerk-Magistrate agreed and said that she was referring the case to the Diversion Program.

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KP, a 65 year old man from California, was on a work assignment in Andover, MA. He got into a dispute with a fellow employee. According to KP the fellow employee attacked KP and the fellow employee ended up getting charged by the Andover police with Assault & Battery on a Person Over 60. The fellow employee turned around and filed an application for a criminal complaint against KP at Lawrence District Court alleging that KP had punched and strangled him and had hurled racial insults against the fellow employee. The Clerk-Magistrate’s Office at Lawrence District Court scheduled the application for a criminal complaint against KP for a hearing on January 9, 2020. KP was referred to Attorney Robert Lewin from North Andover. KP and Attorney Lewin had an initial conference over the phone that lasted about 1 1/2 hours. KP then retained Attorney Lewin. Attorney Lewin explained to KP that it would be prudent for Attorney Lewin to find out who was representing the fellow employee in the fellow employee’s criminal case. Attorney Lewin explained that both KP and the fellow employee have a Fifth Amendment right not to testify against one another and that if they both exercised their Fifth Amendment right it was very likely the Commonwealth could not proceed against of the the two men. KP had no interest in pursuing the criminal charge that the police had filed against the fellow employee and KP certainly did not want to have to defend against a charge of Assault & Battery himself. Attorney Lewin explained to KP that the only people who win when a case goes to court are the lawyers because the lawyers get paid.

Attorney Lewin reached out to the lawyer for the fellow employee and explained that KP would not come out from California to Massachusetts to testify against the fellow employee if the fellow employee agreed not to testify against KP at the Clerk-Magistrate hearing. The attorney for the fellow employee agreed.

On January 9, 2020 Attorney Lewin appeared at the office of the Clerk-Magistrate for the hearing on the application for the criminal complaint for Assault & Battery against KP. KP remained in California. No one else showed up. The fellow employee and his Attorney had agreed with Attorney Lewin that they would not appear. The Clerk-Magistrate called the case and when no one other than Attorney Lewin responded the Clerk-Magistrate denied the Application for a Criminal Complaint against KP. As a result KP was not charged with any criminal offense; KP did not have to come to Massachusetts; and NO criminal record was created against KP. Attorney Lewin left the hearing room at Lawrence District Court and called KP in California and told him that he had just won his case! KP was thrilled and gave Attorney Lewin a big “thank you” from California.

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DE, a 35 year old woman from Lowell, was cited by the State Police for a Hit and Run on Route 495 in Andover. On November 6, 2019, after leaving a bar/restaurant in Andover, she headed onto Rt. 495 South from Route 28 in Andover. At the same time a tractor trailer unit was headed south on Rt. 495. The driver of the truck observed her. The State Police report states: “[The truck driver] stated that she lost control and turned sideways. He then stated she appeared to regain control and continued onto the highway crashing into the side of his vehicle as he was traveling in the first travel lane. [The truck driver] advised that he could see that the passengers mirror was hanging from the drivers side as the vehicle fled the scene.” DE was subsequently identified as the operator of her vehicle at the time of the hit and run and on November 11, 2019 DE was issued a citation by the State Police for Leaving the Scene of a Property damage accident.

DE knew Attorney Robert Lewin from North Andover as he had successfully defended her in 2013 against a charge of operating after suspension of her license. DE immediately contacted Attorney Lewin and retained him.

Attorney Lewin went over to Lawrence District Court and immediately filed a request for a Clerk-Magistrate Hearing. Attorney Lewin checked the papers in the Clerk-Magistrate’s Office to see if the State Police had filed their copy of the Citation along with an Application for Criminal Complaint for the Hit and Run against DE. Under a little known statute (although well known to Attorney Lewin) the police have six business days to file their copy of the citation along with their application for a criminal complaint in the Clerk-Magistrate’s Office of the Court. Failure to do so is a defense. Attorney Lewin discovered that the police had not filed their paperwork. Attorney Lewin kept checking with the Clerk-Magistrate and it was not until November 25, 2019 that the police finally filed their copy of the citation along with their Application for Criminal Complaint against DE. This was 9 business days (exclude Saturdays, Sundays, and Thanksgiving Day). DE’s case was set up for a Clerk-Magistrate Hearing.

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On Saturday morning March 2, 2019 at about 2:30 am,  DE, a 48 year old plasterer from Malden, was arrested for Leaving the Scene of a Property Damage Accident and for Failing to Identify Himself. The police responded to a one car accident on Rt. 99 in Malden. A work van full of plastering equipment was found by the police up against a utility pole. The entire front end of the van was crashed in and both front airbags had deployed. No one was in the van. The keys were still in the ignition. The police ran the license plate and the registered owner was DE who lived near the accident scene. It was 2:30 in the morning. The police got an anonymous tip that a man wearing a gray sweater was seen leaving the van and heading up the street on foot toward the street where DE lived. The police drove up the street and located DE walking. He was drunk; he was covered in plaster; and he was walking toward his home. The police asked DE to identify himself and he refused. He demanded to know why the police were stopping him. The police told him his van was wrapped around a pole and he said F___ you to the officer. The police arrested DE. He refused to say anything to the police. He refused to admit the van was his; he refused to admit that he was driving; he said NOTHING. DE was brought to the police station and again he refused to say anything. He was put in a cell and at about two in the afternoon he finally got bailed out. On Monday, March 4, 2019 DE went to Malden Court and was arraigned.

DE called Attorney Robert Lewin from North Andover. DE was quite familiar with Attorney Lewin as Attorney Lewin had successfully defended DE against a charge of Drunk Driving 2nd Offense that had been brought against DE by the Gloucester Police in June of 2018. That case went to a jury trial on November 28, 2018 and on November 29, 2018 DE was found NOT guilty. (To read about that case see the entry on this website dated December 4, 2018).

In any event Attorney Lewin prepared the case for trial and noted that the Commonwealth would have trouble proving that DE was driving the van at the time of the accident. The District Attorney had numerous documents from the Registry of Motor Vehicles; but Attorney Lewin noticed that the documents were not properly certified. Attorney Lewin kept that little tidbit of information to himself.

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On May 31, 2019 QN, a 19 year old male, was driving home to his Mother’s house in Andover when he lost control of his car and crashed into two parked vehicles. It was about 2:30 AM. QN got out of his car and looked around. All the homes in the neighborhood were dark. QN called his father who lives in Peabody. The father told him to wait at the scene and that the father would drive up from Peabody. QN waited and about 30 minutes later his father arrived. The father called for a tow truck and the father brought QN to QN’s mother’s house which was just around the corner.  The father then returned to the scene. The tow truck arrived but told the father that the car could not be towed because the car came to rest on private property (the front lawn of a house). The tow truck driver called the police and the police responded. The police arrived and asked the father what  happened. The father told the police that his son had been driving and lost control and that the father had brought the son to his mother’s house. The police went to the mother’s house and rang the doorbell but no one responded. The police charged QN with Leaving the Scene of a Property Damage Accident. The police charged the father with Misleading a Police Officer.

Father and son met with Attorney Robert Lewin from North Andover. Attorney Lewin pointed out that he did not believe that any law had been broken!

The hit and run law requires that when a driver is involved in a collision he must stop at the scene and “make known his name, residence, and the register number of his motor vehicle”. The law requires that the information be given “to the person whose property was damaged, if reasonably possible, and if not, to someone acting in their interest or to some public officer or to some other person at or near the place at the time of the damage.” QN had remained at the scene for 30 minutes. All of his information was known to his father and as soon as the police arrived the father told the police his son’s name and residence address. The registration plate was on the car and plainly visible to the police. Attorney Lewin pointed out to QN that he only left the scene AFTER he had made known what happened to his father and that he therefore had substantially complied with the requirements of the law.

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NT, a 28 year old woman with anger issues, got into an argument with her next door neighbor – a retired cop. The argument arose when the neighbor’s dogs came onto NT’s property. The neighbor came over to get the dogs and NT got in his face and began to yell at him. As the neighbor turned to leave NT yelled at him “You come back here”. According to the police report the neighbor stated “he turned back around and that was when NT spit up a loogie and spit it at the neighbor striking his chest”. (You can’t make this stuff up!)

The neighbor called the police and the  police responded. The police talked to the neighbor and to NT’s father. The father told the police that NT had anger issues. The police then applied for a  criminal complaint against NT for Assault and Battery on a Person Over 60 – a felony. NT has a good job and having a record for a felony charge could have very serious consequences for her employment. NT received a notice from Woburn District Court informing her that a Hearing before a Clerk-Magistrate had been set for November 6, 2019.

NT met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin immediately obtained copies of the police reports. Attorney Lewin then called the Police Prosecutor and sent an email to the police prosecutor detailing how detrimental it would be for NT to be charged with a felony. Attorney Lewin suggested to the Police Prosecutor that this would be a good case to resolve at the Clerk-Magistrate Hearing without a complaint being issued against NT. The prosecutor agreed with Attorney Lewin.

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KT, a 48 year old male graphic designer, was accused by the 5 year old daughter of a female friend of touching her in her private area. She also said that he had her touch him. The five year old reported this to a social worker (a mandated reporter) who in turn reported the allegation to the Department of Children and Families (DCF). The initial report of abuse was made to DCF on December 10, 2018. DCF conducted an investigation and on January 9, 2019 DCF supported the allegation. KT received a “perpetrator letter” from DCF informing him that an allegation of sexual abuse had been made against him and that after investigation DCF supported the allegation.

KT met with Attorney Robert Lewin from North Andover for an extensive (2 hour) initial consultation. Attorney Lewin explained in detail the Appeal Process – which is called a “Fair Hearing”. KT retained Attorney Lewin. Attorney Lewin – through discovery – obtained full copies of the initial report of abuse (called the 51A report) and the full DCF investigation report (called the 51B report). Attorney Lewin took a full statement of the facts from KT.

In order for DCF to support the allegation there must be evidence and proof that KT was a “caregiver” to the child “at the time in question”. Attorney Lewin prepared and submitted to the Fair Hearing Officer a comprehensive Memorandum setting forth all of the legal arguments in KT’s behalf. In the Memorandum Attorney Lewin argued – among other things – that the evidence did NOT establish that KT was a “caregiver” to the child.

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On January 18, 2019 at about 6:30 pm JN, a 32 year old HVAC Technician from Londonderry, NH came down to Lawrence with a friend to buy cocaine. Little did they know that they were being watched by the North Shore Gang Unit doing surveillance in Lawrence. After watching JN and his friend make a hand to hand purchase of drugs, the police pulled JN’s vehicle over. The two men were ordered out of JN’s vehicle and a pat down of JN yielded plastic twists of cocaine in JN’s pocket.

JN and his friend got lucky. The police did not arrest them, but rather told them that they would receive a notice to go to court. Six months later (!) in July 2019 JN received a Notice of Magistrate’s Hearing. The police had filed an application for a criminal complaint for Possession of Class B against JN. The case had a hearing date of August 1, 2019.

JN met with and then hired Attorney Robert Lewin from North Andover. JN and Attorney Lewin thoroughly discussed the case. There were many issues not the least of which was the legality of the stop of JN’s vehicle and the search of JN by the police.

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JJ, a 69 year old disabled Methuen resident, hates his next door neighbor. The neighbor parks his truck right at the property line between the two mens’ properties and this drives JJ nuts. On August 9, 2019 the neighbor was standing by his truck. JJ grabbed his cane (!) and hobbled outside of his house, down the walkway, to his fence. According to a Methuen Police Report JJ then started to approach his neighbor and yelled at the neighbor “You’re a fat fu–ing piece of sh–.” The police report then states that JJ continued to approach his neighbor and began swinging his cane and yelled “I want to smash your head in.” The neighbor called 911 and the police responded. The police spoke to JJ who denied swinging the cane. The police did not arrest JJ but filed an application for a criminal complaint for Assault with a Dangerous Weapon against JJ at Lawrence District Court.

JJ called Attorney Robert Lewin from North Andover. As it turns out Attorney Lewin had represented JJ in 2012 for a similar incident with the neighbor where the neighbor had applied for an abuse prevention order against JJ. At a full hearing in front of a Judge in Lawrence District Court that Abuse Prevention Order was denied.  Attorney Lewin had also represented JJ in 2018 at a Clerk-Magistrate Hearing where the police had filed an application for a criminal complaint against JJ for threatening to kill the neighbor. Attorney Lewin was successful in getting that case dismissed. Attorney Lewin warned JJ that he had to get his temper under control and ignore the neighbor.

In any event on October 10, 2019 the Clerk-Magistrate Hearing was held at Lawrence District Court and after a full hearing at which the neighbor was present the Clerk-Magistrate denied the application for a criminal complaint against JJ.

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On August 31, 2019, UN, a 21 year old college student was driving his car in Beverly, MA when he veered off the road and struck a tree head on. The police responded to the scene (along with a group of neighbors). UN was behind the wheel and appeared to be drifting in and out of consciousness. His pupils were extremely dilated. In the car the police found an open container of beer along with what appeared to be a “drug pipe” (as described in the police report). Two doses of Narcan were administered to UN and he responded. He was brought to Beverly Hospital. The police cited UN for OUI Drugs and Reckless Operation. In addition, the Police also served UN with a Notice of Immediate Threat. A notice of Immediate Threat is a notice that the police send to the Registry of Motor Vehicles to request the RMV to suspend a person’s license because the person (for either a medical reason or some other reason) poses a threat to the public if they operate a motor vehicle.

UN insisted that he had not consumed any drugs or any alcohol. UN (and his family) sought out a lawyer. UN and his Mother had an initial free consultation with Attorney Robert Lewin from North Andover. The consult ran over two hours. UN and his family hired Attorney Lewin.

Attorney Lewin told UN that the Hospital Report would be critical to defending this case – and it was. Attorney Lewin directed UN to go to the hospital and obtain a copy of the complete hospital report – including most importantly all the blood test results and all the urine test results. Sure enough, the test results showed NO alcohol and NO controlled substances -in particular NO opiates. The case became a slam dunk at that point.

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