Massachusetts Criminal Lawyer Blog

November 8, 2023

ANOTHER SHOPLIFITNG CHARGE AVOIDED

On August 22, 2023, QG, a 48 year old executive administrator for a high tech company, got caught shoplifting in Target in Danvers. She had picked up a number of items and went to the self check out machine. She put several low cost items thorough the scanner and simply put the other items in a shopping bag without scanning them or paying for them. She then headed for the exit. As she was leaving the store she was stopped by a loss prevention officer and returned into the store. Unfortunately for QG, she had been observed shoplifting on prior occasions and the loss prevention officer recognized her from previous video tapes. The Danvers police were called to the store and told QG that she would receive a notice from Salem District Court. QG then received a Notice of a Clerk-Magistrate Hearing to take place on October 24, 2023. QG became very concerned that if her employer learned of this that she would be fired. QG contracted several lawyers and had a free initial zoom consult (1 1/2 hours) with Attorney Robert Lewin from Andover. QG retained Attorney Lewin.

Attorney Lewin immediately obtained copies of all the court papers and police reports. Attorney Lewin then called the Police Prosecutor and advocated with the prosecutor to resolve the case at the Clerk-Magistrate Hearing without a criminal complaint issuing against QG.

On October 24, 2023 Attorney Lewin and QG appeared at Salem District Court for the hearing. Attorney Lewin advocated for the clerk to not issue a criminal complaint against QG. The Clerk-Magistrate asked the prosecutor for his input. The prosecutor told the Clerk that he had spoken with Attorney Lewin and that he had no objection to a criminal complaint not issuing against QG. The Clerk-Magistrate then said he would continue the hearing for 3 months without issuing a criminal complaint and if there were no reports of QG breaking the criminal law then at the end of the three months no one had to come to court and the Application for Criminal Complaint would be denied and dismissed.

November 8, 2023

Violation of an Abuse Prevention Order – NOT Guilty after Jury Trial

by Robert D. Lewin

BK, a 34 year old business owner, had been ordered to have no contact with his ex-wife and to stay 100 yards away from her and her home. He was accused of violating the order by driving in front of her house, slowing his vehicle down, giving her the middle finger, and yelling “F..K You” twice at her. She testified that she had been sitting by her front window in her living when this happened and that she was texting someone at the time so she had her phone in her hand and she took a picture of his vehicle. This allegedly happened in Marblehead and she testified that she was familiar with his Black Chevy Tahoe, that she new his voice when he yelled at her, and that she saw his face in the vehicle. It turns out that BK’s vehicle was towed to a repair shop 2 days before the date of the alleged crime and was inoperable for two weeks. BK actually had a picture on his cell phone, time and date stamped, that showed his vehicle on the tow truck being driven away by the tow truck driver two days before the alleged incident. BK also had photos that BK had taken at his son’s basketball game at a time shortly before the alleged incident.

BK had been represented by another attorney and was unhappy with the lawyer. BK contacted Attorney Robert Lewin from Andover and came for an initial consult. BK was very happy with the attention Attorney Lewin gave him. They discussed all the evidence, photos, and witnesses. BK hired Attorney Lewin. The case was scheduled for trial on November 7, 2023 in Lynn District Court.

In the weeks leading up to the trial BK came to Attorney Lewin’s office for two long trial preparation sessions. BK did not feel he would be a good witness. Attorney Lewin told him otherwise. and Attorney Lewin thoroughly prepared BK to testify.

August 27, 2023

Another Domestic Assault and Battery Dismissed – Haverhill District Court

by Robert D. Lewin

In May of 2023 a criminal complaint issued against JT in Haverhill District Court for Domestic Assault & Battery against the mother of his child. The complaint alleged that the Assault and Battery occurred in August of 2021. Back in 2021 the police decided not to charge JT; however, he subsequently got into additional trouble with the law in 2023 and the case from 2021 was brought to life. Another attorney referred JT to Attorney Robert Lewin of Andover. JT retained Attorney Lewin.

The police report alleged that JT struck the mother of his child giving her a bruise under her eye. The two biggest problems that the Commonwealth had with its case were (1) the lack of any witnesses and (2) the fact that the alleged “victim” [the mother of JT’s child] was denying that JT struck her.

Attorney Lewin advised JT to get the earliest possible trial date. On July 13, 2023 JT and Attorney Lewin appeared in Haverhill District Court for a pre-trial hearing. The Court scheduled the case for trial on August 24, 2023. Attorney Lewin thoroughly prepared the case for trial and prepared JT and the mother of his child in the event it became necessary for them to testify.

August 27, 2023

Domestic Assault & Battery: Not Guilty After Jury Trial in Lawrence District Court

by Robert D. Lewin

LM, a 31 year old HVAC Tech. was charged with Assault & Battery on AB, the mother of their child. He vehemently denied the charge. On July 26, 2022 LM had his daughter for parenting time and was returning her to AB at an agreed upon return spot in Methuen (a convenient storer parking lot). On the way to the convenient store, AB texted LM and asked LM to bring the child to her home. He refused, and said the agreed spot is the parking lot of the convenient store. She was angry at his refusal. She drove to the convenient store and he arrived in the parking lot. Instead of waiting for LM to bring their daughter over to her car, AB got out of her car and ran over to LM’s van and attempted to remove their daughter from the van. LM yelled at her and a swearing match began between the two of them. He called her a “fucking bitch”. She yelled at him “Hit me, I dare you”. Finally, LM’s girlfriend who was in LM’s van got out and removed the daughter from her car seat. LM then picked his daughter up and hugged her and gave her to AB. AB had already called 911. LM saw a police officer in the convenient store and went in and got the police officer. The police officer was from Lawrence and could not do much, Within moments the Methuen Police arrived. AB told the police that LM had shoved her and pushed her. LM denied. LM was arrested and charged with Domestic Assault and Battery.

LM was assigned a public defender, but sought out a private criminal lawyer. LM met with and retained Attorney Robert Lewin from Andover. It turns out that AB had recorded the verbal exchange between herself and LM on her cell phone. It also turns out that there was a security video of the parking lot from the convenient store. The audio recording was not helpful to LM. He was loud and aggressive and swearing at AB.

Attorney Lewin listened carefully to the audio recording. And Attorney Lewin and LM studied the video together carefully. It turns out that both recordings would prove helpful to the defense at trial. On August 1, 2023 the Jury Trial began. AB testified, a Methuen Police Officer testified, LM’s girlfriend testified, and LM himself testified. Attorney Lewin had two trial preparation sessions with LM and his girlfriend and they were thoroughly prepared to testify at the trial. They did both testify and they did a great job. The trial carried over to August 2, 2023.

May 2, 2023

Operating After Revocation of Registration Dismissed in Woburn District Court

by Robert D. Lewin

On February 25, 2023, SM, a 45 year old engineer from Andover got pulled over and cited for speeding, expired inspection sticker, and operating a vehicle with a revoked registration (a criminal offense). The vehicle was a leased Tesla. The police report indicated that the registration was revoked because the vehicle was not insured. A clerk-magistrate hearing was scheduled, but SM never received the hearing notice. The Clerk-Magistrate issued a summons for SM to appear in Woburn District Court for an arraignment on May 2, 2023. Within days after being stopped by the police SM notified the leasing company that the car was and had been fully insured. SM went and got the car registered.

SM consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin reviewed the police reports and SM – a terrific client – furnished Attorney Lewin with the insurance policies showing that the car was fully insured at all times and with a copy of the new registration certificate.

Attorney Lewin contacted the DA’s Office and showed them that the Registration should never have been revoked as the car was fully insured throughout and that the fault lay with the leasing company. Attorney Lewin prepared and filed a Motion to Dismiss the case (all the charges) prior to arraignment.

April 30, 2023

Unlicensed Operation First and Second Offenses Dismissed (Brazilian Immigrant)

by Robert D. Lewin

In August of 2021, DM, a 24 year old Brazilian alien living in Lowell, got charged with Unlicensed Operation of a Motor Vehicle in Lowell. A Clerk-Magistrate hearing at Lowell District Court was set up for July 1, 2022. DM consulted with and retained Attorney Robert Lewin from Andover to represent him at the hearing. On July 1, 2022 Attorney Lewin and DM appeared in Lowell District Court for the hearing. Attorney Lewin advocated on DM’s behalf for no complaint to be issued against DM. At the conclusion of the hearing the Clerk-Magistrate agreed with Attorney Lewin’s request and ordered that if DM stayed out of trouble, then on December 31. 2022 the application for criminal complaint would be dismissed and the case closed without DM being charged. On December 31, 2022 that charge was dismissed without a criminal complaint being issued against DM.

In February 2023, DM got stopped again for unlicensed operation, no inspection sticker, and lights violation. This happened in Peabody. This time, however, DM was summonsed to appear in Peabody District court for an arraignment on April 5, 2023. (There was no Clerk-Magistrate hearing.) Once again DM retained Attorney Robert Lewin from Andover. Prior to the arraignment, Attorney Lewin spoke with the Assistant District Attorney at Peabody District Court. Attorney Lewin advocated on DM’s behalf for the case to be dismissed. The Assistant District Attorney agreed.

On April 5, 2023 Attorney Lewin and DM appeared in Peabody District Court. The case was called and Attorney Lewin explained to the Judge that the Commonwealth had agreed to dismiss the unlicensed operation charge and they had agreed to findings of NOT responsible being entered to the charges of no inspection sticker and the lights violation. The Judge accepted this joint recommendation of the parties. It was a complete win for DM.

April 30, 2023

Shoplifting Charge Avoided (Alien)

by Robert D. Lewin

SV, a 39 year old Nigerian alien, was caught shoplifting on December 2, 2022 at Macy’s in Saugus. Unfortunately for SV, she was known to the loss prevention personnel at Macy’s as someone who had stolen from the store on previous occasions but had not been caught. The police charged SV and because she had a prior history at the store the police requested that the Clerk-Magistrate at Lynn District Court issue a criminal complaint against SV without affording her a clerk-magistrate hearing first. The clerk-magistrate granted the request of the police and SV received a summons in the mail to appear for an arraignment at Lynn District Court on April 4, 2023. SV consulted with and retained Attorney Robert Lewin from Andover. Because of her status as an alien, having a record for shoplifting (a crime of moral wrongdoing) could lead to her being deported from the country and being denied citizenship.

Attorney Lewin immediately went to work on the case and obtained all the police reports. Most persons charged with shoplifting are afforded a clerk-magistrate hearing before a criminal complaint is issued. Many of these shoplifting cases get resolved favorably at the Clerk-Magistrate Hearing without a criminal complaint being issued. In SV’s case however, the criminal complaint against her had been issued without a hearing. The complaint was scheduled for an arraignment and it is the taking place of the arraignment that causes a criminal record to be created. And it is the creation of a criminal record for shoplifting that would create big problems for SV as an alien. It became very important for Attorney Lewin to try to avoid the arraignment from taking place.

Attorney Lewin prepared a lengthy motion (written request) to dismiss the charge against SV without the arraignment taking place. Attorney Lewin sent a copy of the Motion to the District Attorney’s Office before the scheduled arraignment date. On April 4, 2023 SV and Attorney Lewin appeared in Lynn District Court. Attorney Lewin met with the Assistant District Attorney handling the case and explained the devastating effects having a criminal record would have on SV. Attorney Lewin asked the Assistant District Attorney to agree to dismiss the case without the arraignment taking place. The Assistant District Attorney agreed.

March 28, 2023

Driving After Suspension Dismissed in Newburyport District Court

by Robert D. Lewin

In May of 2022, MH, a 30 year old designer from Andover, was stopped by the police and issued a citation for No Inspection Sticker and Unregistered Motor Vehicle. He took care of the registration and the sticker, but failed to either pay the ticket or request a hearing. He went into default on the ticket and the Registry suspended his license. He continued to drive. On December 13, 2022 he got pulled over by the Amesbury Police for driving after suspension of his license. He was summonsed to court in Newburyport. MH consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin immediately obtained the police reports and both MH’s criminal record and driver history from the Registry. Attorney Lewin made certain that MH got his license reinstated before the Court date. Prior to MH’s arraignment, Attorney Lewin spoke with the Assistant DA at Newburyport District Court and advocated with the Assistant DA to dismiss the case. The Assistant DA agreed.

On March 28, 2023, Attorney Lewin and MH appeared in Newburyport District Court. The case was called and Attorney Lewin and the Assistant DA told the Judge that there was an agreement to dismiss the case. The Judge ordered the case dismissed.

March 9, 2023

Another Domestic Assault & Battery Dismissed

by Robert D. Lewin

On December 2, 2022, DM, a 46 year old asylum immigrant from Uganda, was arrested by the Lowell PD for Assault and Battery on a Pregnant person (a felony) and Assault & Battery on a Household Member. DM and his girlfriend live together and got into an argument and the girlfriend alleged that he pushed her causing her to fall to the floor. She then called 911. On December 5, 2022 DM was arraigned in Lowell District Court and his case was continued to January 24, 2023 for a pre-trial hearing. DM met with and retained Attorney Robert Lewin from Andover. After reviewing all the facts and police reports in detail, and after speaking directly with DM’s girlfriend, Attorney Lewin pointed out to DM that this was a “he said she said” case if it went to trial. If DM and his girlfriend were husband and wife she would have a privilege in Massachusetts not to testify against her husband; however, they were not married and therefore she could be forced to testify against him.

When the police arrived after the 911 call, the girlfriend pulled up in her car. In the car were open containers of alcohol and she had an odor of alcohol. The police report mentioned those items but said that the girlfriend did not exhibit any signs of intoxication. The girlfriend did not want to testify and the “open containers of alcohol” in the vehicle provided her with a way to avoid testifying. If she were to testify, Attorney Lewin could and would ask her about the alcohol containers in the car. It is a crime to have an open container of alcohol in a vehicle. This gave the girlfriend a Fifth Amendment Privilege not to testify. Attorney Lewin explained that to the girlfriend.

On March 6, 2023 DM and Attorney Lewin appeared in Lowell District Court when the case was scheduled for trial. The girlfriend was also present. When the case was called Attorney Lewin informed the Judge that the girlfriend had a Fifth Amendment privilege and that she should be appointed a lawyer. The Judge appointed a lawyer to advise the girlfriend. Attorney Lewin spoke with the lawyer and gave him the paperwork showing that if the girlfriend testified she could incriminate herself. The lawyer met with the girlfriend. The case was called again and the lawyer for the girlfriend reported to the Judge that the girlfriend had a valid Fifth Amendment privilege and would exercise her privilege and not testify. The DA the reported that they could not go forward without the testimony of the girlfriend. The Judge looked at Attorney Lewin. Attorney Lewin moved for a dismissal of the case. The Judge ordered the case dismissed.

March 4, 2023

ANOTHER HIT & RUN CHARGE AVOIDED

by Robert D. Lewin

On December 10, 2022, at 4:00 am after a night out with friends, ND, a 25 year old man from Methuen, was driving to his home in Methuen when he struck a parked car in Haverhill. He was able to pull his car into an adjacent parking lot in Haverhill. He then left his car there and walked away from the scene. He called a family member who picked him up in Haverhill and brought him home to Methuen. The police responded to the accident scene. They found ND’s car and ran the plate and it came back to ND. Meanwhile, ND’s family member called the police to report the accident and to report that ND had been driving the car at the time of the accident. The police issued a citation to ND for Leaving the Scene of a Property Damage accident.

ND and his family contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin instructed ND to immediately take the citation and bring it to Haverhill District Court to request a Clerk-Magistrate Hearing. Attorney Lewin explained to ND that a Clerk-Magistrate Hearing is an opportunity to “kill the case” before it goes to a criminal complaint. ND immediately brought the citation to Haverhill District Court and requested a hearing.

Attorney Lewin contacted ND’s insurance company to make sure that the owner of the parked car had been paid for the damage (total) to his car. This is important as the Clerk-Magistrate will want to know if the “victim” has been fully compensated for his loss. Attorney Lewin was able to get written confirmation of payment from the insurance company. Attorney Lewin also ran a copy of ND’s driver history and it was clean. This is important as the police will give the Clerk-Magistrate a copy of the driver history at the hearing and it is important to know ahead of time what it shows. In addition, Attorney Lewin ran ND’s criminal history and it only showed one minor criminal case that had been dismissed seven years previously. Attorney Lewin also reached out to the Haverhill Police Prosecutor to discuss a resolution of the case that would not involve the issuance of a criminal complaint against ND.