ANOTHER WARRANT CANCELLED – DEFENDANT IN NORTH CAROLINA NOT REQUIRED TO COME BACK TO MASSACHUSETTS

On January 24, 1990 CS was arrested in Lowell, MA and charged with DUI Liquor and Operating without a License. He was bailed out from the Lowell Police Station and ordered to appear in Lowell District Court the next morning for an arraignment. CS lived in Maine at the time. CS, who was age 26 at the time, did not go to Lowell District Court and a warrant for his arrest was issued by the Court. Over the next 24 years life went on for CS. He moved to North Carolina, married, had three children, and ultimately started his own business (selling snow cones). He got a North Carolina driver’s license and life was good. In early December 2014 CS went to renew his NC driver’s license and his past came back to bite him. He was told he could not renew his license because his right to drive in Massachusetts was suspended because of the outstanding warrant in Lowell District Court. This information was showing up in the National Driver Register (NDR) and was preventing CS from renewing his license in NC. CS contacted and retained Attorney Robert Lewin in North Andover, MA. Attorney Lewin went to Lowell District Court and obtained a copy of the only paper in the court file – a docket sheet from 1990. The court file did not contain a police report. The arresting officer was no longer on the police force. Attorney Lewin contacted the DA’s Office at Lowell District Court and furnished the DA with a copy of the court Docket Sheet. The DA said they would have to see if a police report could be found and – assuming they could determine who the witnesses were – if the witnesses were identifiable and locatable. Attorney Lewin advocated for the DA to drop the case. Attorney Lewin stayed in contact with the DA at least 2 times per week for two weeks. It was becoming apparent that the DA and the police were unable to find a police report let alone any witnesses. On January 5, 2015 Attorney Lewin filed a Motion to excuse CS’s personal appearance in court and to dismiss the case. Lowell District Court requires 7 days notice on scheduling a Motion. On January 13, 2015 Attorney Lewin appeared in court on behalf of CS. The District Attorney agreed that they could not go forward with the case and the DA filed a Nolle Prosequi. A Nolle Prosequi is a dismissal of a criminal charge that is filed by the District Attorney. The Judge accepted the Nolle Prosequi and the Judge granted Attorney Lewin’s Motion to excuse CS. The Judge ordered the warrant recalled & cancelled and the Judge ordered the case dismissed. No court costs or court fees were assessed.
Notice of the the cancellation of the warrant and the dismissal of the case will be transmitted electronically to the Registry of Motor Vehicles by Lowell District Court. The Registry will then lift the suspension of CS’s right to drive and CS will be able to renew his North Carolina License. When Attorney Lewin returned from Court on January 13, 2015 he sent CS an email to update him on what happened in Court. CS then replied in an email as follows: “Great!! I can honestly say I have never had a lawyer work as hard as you have – thank you so much.” Needless to say CS is a happy camper!