RAPE PROBATION VIOLATION SUCCESSFULLY DEFENDED

In 1983, WC – then age 28 – went out on a date with a woman and ended up being accused of Rape. He did not deny the charge and was able to negotiate a plea where he was given a 7-10 year suspended state prison sentence and he was placed on Probation for five years. For four years he was a perfect probationer. At the beginning of his fifth year of probation he simply walked away from the probation and moved to Louisiana. From 1988 to 2011he lived in Louisiana. He started a business and became successful. The business was a custom motorcycle engine shop. On a February day he was in his shop when the US Marshalls showed up with a warrant for his arrest for being a fugitive from justice from the state of Massachusetts. They cuffed him and brought him to a local court in Louisiana where he was held for rendition back to Massachusetts. His friends contacted Attorney Robert Lewin in Massachusetts. WC ultimately waived a hearing in Louisiana and was transported back to Massachusetts. He was brought to Middlesex Superior Court (now in Woburn, MA) and brought before a Magistrate where he was ordered held without bail. He was served with a Notice of Surrender for Alleged Violation of Probation. There was no question that he had violated his probation: he left the state without permisssion; he failed to keep in contact with probation; he failed to report to probation; etc. The Probation Department was asking that his probation be revoked and the 7-10 year state prison sentence be put into effect. Attorney Lewin put together a memorandum for the Judge that included letters from associates in Louisiana, business records, and medical records. The case required some thinking outside the box. Extending his probation did not make sense as that would require that he not leave Massachusetts and that he wear a GPS bracelet. Sending him to prison to serve 7-10 years for a crime that occurred 28 years earlier did not make much sense either. WC’s friends in Louisiana were willing to put together a free WC fund and raised $15,000. Attorney Lewin suggested to the Judge that she find WC in violation of his probation and that she assess $5,000.00 as a court cost penalty and terminate his probation. The Judge liked the idea but thought the money way too short. The horse trading began and when the dust settled on March 22, 2011 the Judge ordered $15,000. WC’s friends wired the $15,000 up to Attorney Lewin who paid it to the Court. WC was brought back before the Judge who ordered his probation TERMINATED and ordered him RELEASED FROM CUSTODY. He was then discharged from the case and the case was closed. WC is back in Louisiana building engines and catching shrimp.