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On July 19, 2018, KL, a 28 year old male data analyst went out with his girlfriend to a restaurant/bar in Newburyport. They ate and had several drinks and then at about 10:30 PM they left the bar and got into KL’s car which was parked in the parking lot. As KL backed up, the rear end of his car came into contact with the rear bumper of another vehicle that was parked in the parking lot. According to the police report there was “minor damage” to the passenger side rear bumper of the parked vehicle. KL got out of his vehicle and walked over to the parked vehicle. There were several witnesses in the parking lot to the entire event. KL then got back into his vehicle and drove away. The police were called and responded. The witnesses told the police what had happened and furnished the registration plate number of KL’s vehicle to the police. From the plate number the police were able to ascertain the owner of the offending vehicle (KL). The police then went into the restaurant/bar and showed the bartender a photo of KL (which the police had obtained on their portable data terminal from the Registry of Motor Vehicles). The bartender immediately identified the picture of KL as a customer who had been in the bar with a woman. The bartender was able to get the credit card charge slip that KL had signed and it bore KL’s name.

The police attempted to speak with KL but were not successful. The police issued a citation for Leaving the Scene of a Property Damage collision. KL consulted with and retained Attorney Robert Lewin from North Andover. Attorney Lewin instructed KL to immediately request a hearing before a Clerk-Magistrate at the Newburyport District Court which KL did. Attorney Lewin was able to obtain a copy of the Police Narrative Report. Attorney Lewin reached out to the police prosecutor to see if a resolution of the case could be reached at the Clerk-Magistrate hearing. On September 7, 2018 KL and Attorney Lewin appeared at the Newburyport District Court for the Clerk-Magistrate hearing. The owner of the struck vehicle was not present. The purpose of a Clerk-Magistrate hearing is for the Clerk to decide whether there is probable cause to issue the complaint. If the Clerk-Magistrate finds no probable cause then no complaint will be issued. If the Clerk-Magistrate finds probable cause then the Clerk-Magistrate may issue the complaint; or the Clerk-Magistrate may, in his or her discretion, continue the hearing for a period of time and at the end of that period of time if there are no reports of any further trouble with the law then the Clerk-Magistrate will dismiss the application for the criminal complaint and not issue the complaint.

At the hearing on September 7, 2018 the notion of an Accord & Satisfaction was discussed. There is a statute in Massachusetts that provides as follows:

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On June 5, 2018, AN, a 26 year old nurse from Cambridge, was driving from Methuen to Boston. She came to the Rotary at 110 & 93 in Methuen and was stopped at a red light on Rt. 110. Her foot came off the brake and her car rolled into the back end of the car in front of her. AN and the driver of the other car exited their vehicles. The other driver, a 69 year old man with a short fuse, was incensed that AN had struck his vehicle. AN looked but could not see any damage to the other vehicle. Because they were stopped in a lane of moving traffic the man got back in his car and told AN to pull off the road. The man drove his car to the right side of the road and ultimately into a parking lot.  AN followed but then left the scene without exchanging her information with the other driver. The other driver got her license plate number and reported the accident and the hit and run to the police. The police attempted to reach AN but were not successful. Subsequently AN received a citation for Leaving the Scene of a Property Damage Accident.

AN consulted with and retained Attorney Robert Lewin from North Andover. Attorney Lewin immediately contacted the police prosecutor from Methuen and obtained a copy of the police report. Attorney Lewin also immediately requested a hearing by a Clerk-Magistrate of the Court. Getting a hearing is important as it can avoid avoid a criminal complaint from being issued and it then avoids a criminal record and it avoids going in front of a judge.

Attorney Lewin sent the police prosecutor a lengthy letter detailing AN’s background, her education, her occupation as a nurse and he detailed the facts of the alleged “hit and run” and that the reason AN left the scene was she was concerned for her personal safety given the other driver’s behavior.

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On May 4, 2018 BJ, a 29 year old mechanical engineer, left work at 5:00 PM and drove to a friends home in Lynn, MA to watch a Bruins playoff game. BJ was at the friend’s home from 5:30 to 10:30. At 10:30 BJ left his friend’s home and headed home. He traveled Route 129 from Lynn and was headed ultimately to his home in Andover. He came to the large interchange at Routes 129, 128, I-95, and 1. A state police officer was headed to the interchange  from I-95 and as the two vehicles approached one another at a merge point the Trooper claimed that BJ failed to yield (there were 2 yield signs in the lane that BJ was traveling on). The Trooper said he had to slam on his brakes to avoid a collision with BJ. The Trooper then followed BJ and ultimately pulled him over as he took the ramp down onto Rt. 95 South.

The Trooper administered a series of field sobriety tests all of which the Trooper claimed that BJ failed. BJ was arrested and brought to the State Police Barracks in Danvers where he was booked. BJ spoke with his wife on the phone and asked her to come to the Barracks with $40.00 for bail. After two hours BJ was bailed out and went home with his wife.

BJ went to court for an arraignment and then consulted with and hired Attorney Robert Lewin from North Andover to represent him. Attorney Lewin took a detailed statement of the facts from BJ and his wife. A number of field sobriety tests had been administered to BJ and it was clear to Attorney Lewin that BJ had done extremely well on the tests. The case was set down for trial on August 28, 2017. Attorney Lewin and BJ and his wife had several long trial preparation sessions. Attorney Lewin thoroughly prepared BJ (and his wife) to testify on both direct examination and cross examination. Attorney Lewin did a “mock trial” (a practice trial) in the office with BJ.

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On May 20, 2018 NU, a 31 year old pest control worker, was arrested in Andover for assaulting his sister by alleging throwing her to the ground during an alcohol fueled argument. The was his third arrest for assault and battery in the last two years. Attorney Robert Lewin from North Andover had represented NU in the first two cases. One ended in a finding of not guilty and the second was dismissed. NU again consulted with and retained Attorney Lewin to represent him in this case. It was NU’s claim that his sister in an unprovoked attack had sucker punched NU in the mouth cutting his lip open and that in self-defense he had pushed her away from him. The sister called 911 and NU was arrested and charged.

The sister admitted to the police that she had punched NU in the mouth but she told the police that she had done that to defend herself. It was very apparent to Attorney Lewin that the sister had a valid Fifth Amendment claim not to testify – if she wanted to exercise it. Attorney Lewin advised NU that NU had every right to apply for a criminal complaint against his sister to level the playing field. NU did not want to press a criminal charge against his sister; however, the sister was informed that she herself had exposure to a charge being brought against her and  that she had a right not to testify against her brother.

On June 25, 2018 NU and Attorney Lewin appeared in Lawrence District Court for a pre-trial hearing. Attorney Lewin explained to the DA that the sister had a valid Fifth Amendment claim and would probably exercise the claim. As is their usual custom the DA refused to dismiss the case at the pre-trial hearing. The case was continued for trial to Tuesday, August 21, 2018.

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On July 1, 2018 the Haverhill Police were called to  a single family home in Haverhill for a reported domestic assault and battery. Mr. and Mrs. T and their son F, age 21, live in the house. F is a large man standing almost 6’4″ tall and weighing almost 350 pounds. F suffers from severe anxiety. F and his Mother, Mrs. T, got into an argument and as F hovered over her in a very threatening manner, Mrs. T shoved him away. Unbelievably, he picked up the phone and called 911 and claimed he had been struck by his Mother. The police responded and F told them that his mother had slapped him in the face. The police decided to arrest Mrs. T. She and her husband protested. A sergeant from the police station came to the house and ultimately it was decided that F would leave the house and that Mrs. T would not be arrested but rather would be summonsed to court for a Clerk-Magistrate Hearing.

Mrs. T consulted with and retained Attorney Robert Lewin from North Andover. It was obvious to anyone with any common sense that Mrs. T had NOT committed any criminal offense. Attorney Lewin immediately obtained the police reports and then contacted the police prosecutor. Attorney Lewin  gave the police prosecutor the true picture of the case and that it was the son, not the mother, who had been the aggressor here.

On August 15, 2018 Mr. and Mrs. T and Attorney Lewin appeared for a hearing before the Clerk-Magistrate of the Haverhill District Court. Attorney Lewin explained all the circumstances of the case to the Clerk-Magistrate and requested that the Application for a Criminal Complaint for Assault & Battery against Mrs. T be denied. The Police Prosecutor and the Clerk-Magistrate agreed with Attorney Lewin’s request and the Clerk-Magistrate denied the application for criminal complaint against Mrs. T.

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On April 6, 2018, AA, a 17 year old High School student was driving his younger sister to school. He got pulled over by the police and was issued a citation for speeding (50 mph in a 25 mph zone).  Because he is a junior operator he was facing a loss of license of 90 days and mandatory attendance at a driver retraining program. AA mailed the citation in and requested a hearing. AA’s parents consulted with and retained Attorney Robert Lewin from North Andover to represent AA at his Court Clerk-Magistrate Hearing. Attorney Lewin had AA get for Attorney Lewin his high school report card (which was excellent) along with any awards that AA had received. The citation was set down for a hearing on August 15, 2018.

Before the hearing date (and after April 6, 2018) AA got stopped again by the same police department and was issued a warning for speeding (40 mph in a 25 mph zone). Attorney Lewin spoke with the Town Police Prosecutor prior to the hearing date to see if the Prosecutor had any objection to the Clerk not finding AA responsible on the ticket.

On August 15, 2018 AA, AA’s father, and Attorney Lewin appeared at Court for the hearing on the ticket. Attorney Lewin explained to the Clerk-Magistrate that AA was driving his sister to school and that he needs his license to help his parents with his three siblings, one of whom is disabled. The Clerk-Magistrate was troubled by the fact that AA had received a warning for speeding after the date of the first citation; nevertheless, the Clerk-Magistrate agreed to follow Attorney Lewin’s recommendation and continued the hearing on the ticket for six months to February 6, 2019. As long as AA does not get any more tickets then on February 6, 2018 the ticket will be dismissed and AA will not lose his license.

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On November 28, 2017 JH, a 27 year old Assistant Manager at a sports equipment store, was observed sitting in his car in a mall parking lot injecting himself with heroin. The police arrived at JH’s car and removed JH from the car along with a bag of heroin. In 2013 JH had a prior Possession of Heroin case. JH was charged with Possession of Heroin and was summonsed to appear in Lawrence District Court. JH met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin explained to JH that Lawrence was a very treatment oriented court and that if JH was willing to get into treatment (outpatient) that there was a good chance the case could be dismissed.

On February 15, 2018 JH and Attorney Lewin appeared in Lawrence District Court for JH’s arraignment. Prior to the arraignment Attorney Lewin had spoken with an Assistant District Attorney about the case. The Assistant DA was concerned about the fact that JH had a prior heroin possession  case. Attorney Lewin stressed to the DA that JH was committed to his treatment program and to remaining drug free. At the arraignment on February 15, 2018 the DA agreed to continue the case for six months and to dismiss the case if JH stayed out of trouble and remained in outpatient drug treatment. On August 15, 2018, JH having successfully remained in treatment, the case was ordered dismissed.

JH is to be commended. He is working hard to overcome his addiction to opiates. Even though his court case has been dismissed he remains in treatment and he remains drug free. Because Attorney Lewin took the time to meet with the Assistant DA prior to the arraignment JH was able to get a favorable resolution of the case on the arraignment date.

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XN, a 54 year old union executive from Dracut, lives in a condo with two women (AL and RR). The women are lesbians but he is their roommate/landlord with benefits. On April 24, 2018 XN had been out during the day with one of the women (RR) and then the two of them returned to the condo to find the other woman (AL) highly intoxicated and out of control. A fight broke out between the two women. XN tried to break up the fight and then called 911 to get AL, the drunken woman, out of the condo. The police responded to XN’s 911 call. Upon arrival the police spoke to AL. She told police that she had been attacked by XN. She said that XN had barged into the women’s bedroom and began punching and scratching AL. She further told the police that XN “grabbed her around the neck with his hands and began strangling her”. The police observed multiple scratch marks on AL’s face and two large bruises on her neck. AL went to the hospital and provided the police with a handwritten statement of what she said had happened. XN was arrested and brought to the Dracut PD. He was arraigned the next morning in Lowell District Court and he was released (fortunately for him) and his case was continued for a pre-trial hearing to May 30, 2018. XN had retained a lawyer but did not feel the Attorney was giving XN and his case the time and attention it warranted.

XN met with Attorney Robert Lewin from North Andover and retained Attorney Lewin. Attorney Lewin immediately obtained a copy of the 911 call that XN had made to the police. He also obtained copies of all the photos that the police had taken of AL. XN was adamant in his denial of any wrongdoing. Attorney Lewin met with RR, the third roommate, and she confirmed to Attorney Lewin that XN had done nothing to AL on April 24. She confirmed that AL had self inflicted the scratches on her face and the two bruises on her neck. A handwritten statement from AL recanting her allegations against XN was received by Attorney Lewin and was furnished to the District Attorney’s Office. In addition a handwritten statement from RR recanting her allegations against XN was received by Attorney Lewin and furnished to the District Attorney’s Office.

On May 30, 2018 a trial date of July 24, 2018 was set down.

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In August of 2014 MD, a 48 year old woman from NH, was a passenger in a car with NH plates that was being observed by under cover cops in Lawrence. The police observed the car being driven in an area which the police said was a high crime area – specifically for sales of heroin. The car stopped and a woman approached and was let into the car. The car drove around the block and then the woman was let out. The police believed that a drug transaction had taken place in the car and pulled the car over. A subsequent search of the car and MD’s pocketbook revealed packets of heroin and straws. Both MD and the woman driving the car were arrested and charged with possession of heroin. MD went to Lawrence District Court and was appointed a public defender. Eventually MD entered the Essex County Drug Diversion Program. As part of the program MD was subject to random drug testing. MD failed to appear for several of her drug tests and then tested positive. MD was sent a notice that she was being terminated from the Drug Diversion Program and she was ordered to appear in Court. MD failed to appear in Court and a warrant was issued for her arrest.

MD is not a citizen; she was born in Portugal and is a resident alien subject to deportation for a drug conviction. MD contacted Attorney Robert Lewin from North Andover. MD met with Attorney Lewin. Attorney Lewin reviewed the police reports and he reviewed the facts closely with MD and was convinced that the stop of the car and the search of the car that followed were illegal. Attorney Lewin told MD that a Motion to Suppress the Evidence should be filed. MD retained Attorney Lewin. On April 9, 2018 Attorney Lewin brought MD into Lawrence District Court; the warrant was cancelled and the MD was released and the case was continued to June 6, 2018 for the filing of a Motion to Suppress the Evidence. Attorney Lewin filed the Motion to Suppress and on June 6, 2018 the Judge continued the case for a hearing on the Motion to July 11, 2018. On July 11, 2018 Attorney Lewin and MD appeared at Lawrence District Court ready for a hearing on the Motion to Suppress. Attorney Lewin had filed a lengthy Memorandum  of Law setting out precisely why the police search was unlawful.

At 10:00 AM the case was called and Attorney Lewin answered that the Defense was ready for the Hearing on the Motion to Suppress. The Assistant District Attorney announced that after reviewing the Motion and the facts of the case that Attorney Lewin was correct and the evidence should be suppressed. The Assistant District Attorney then asked the Judge to dismiss the case. The Judge looked over at Attorney Lewin; Attorney Lewin responded with a smile – “The Defense has no objection to the case being dismissed”. The Judge then ordered the case dismissed and MD walked out of the Courtroom a free woman. Once outside the Courtroom MD gave Attorney Lewin a very big hug and a kiss and thanked him profusely. It doesn’t get much better.

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On Tuesday, July 10 at 10:15 at night Attorney Robert Lewin was sitting at his desk and an email inquiry came into his inbox. It was a gentleman from Georgetown, MA who had to go to Haverhill District Court on Friday, July 13. The gentleman (whom we shall call SC) had been served with an Abuse Prevention Order that his former live-in girlfriend had taken out against him and it was scheduled for a hearing three days later. Attorney Lewin read the email and called SC at 10:30 that night. SC was floored that a lawyer would call him at 10:30 pm. SC and Attorney Lewin talked for about 1 hour. SC emailed Attorney Lewin paperwork. The next morning SC retained Attorney Lewin and Attorney Lewin went to work on the case. There was little time and much to do. Attorney Lewin obtained copies of the papers from the Haverhill District Court and on Wednesday afternoon spent two hours on the phone with SC going over all the evidence. On Thursday afternoon SC emailed Attorney Lewin a series of text messages that his ex-girlfriend had sent him. The ex was claiming that SC was a drunkard and was acting belligerently toward her and that their relationship had broken up in December 2017. She claimed that when he drank he was violent and she was afraid that he would hurt her. She claimed that they had not been intimate since December 2017.

On Friday, July 13, 2018 SC and Attorney Lewin and the ex-girlfriend and her lawyer appeared at Court. The case was called and the ex-girlfriend took the stand and began to tell her story to the Judge and even cried at one point. The Judge interrupted the girlfriend and was prepared to issue an order and Attorney Lewin demanded that there be a full hearing and that the Judge hear all the evidence. The Judge said fine, proceed with the hearing. The girlfriend testified that since early June she was afraid of SC. Attorney Lewin asked her if in late June she had sent SC a text offering to perform oral sex on SC if he would bring her home an iced coffee. She said she could not remember. Attorney Lewin presented her with her text message and asked her if she had sent it. She said yes. Attorney Lewin then asked her to read the text message to the Judge – she looked at the Judge and the Judge said read the message. She then read the message wherein she offered to give SC a blow job if he would bring her home an iced coffee. There was much more evidence that Attorney Lewin had, but the Judge intervened again and this time said that she could not issue an order. The Judge said that in order to issue an order the ex-girlfriend had the burden to prove that she had a reasonable fear of imminent serious physical harm from SC. The Judge said she could not make that finding in light of the evidence that Attorney Lewin had presented.

SC and Attorney Lewin left the Courtroom. SC was thrilled with the result – a result that Attorney Lewin had predicted to SC prior to the hearing. SC then turned to Attorney Lewin and thanked him and told Attorney Lewin that he would have paid Attorney Lewin twice what Attorney Lewin had charged him!

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