PROBATION VIOLATION LOWELL DISTRICT COURT

On April 8, 2015, ET, a 31 year old cable installer from Melrose, was placed on probation for two years in Lowell District Court for a second offense DUI case.  His probation included terms that he obey all criminal laws, that he complete the two-week in-patient second offender program, that he complete 26 weeks of aftercare, and other conditions as well. His probation was going well. He completed the two weeks in-patient and he completed his aftercare. In addition he was not driving. And then on February 27, 2016 the lure of the alcohol got to him. He went into Boston to a bar and got roaring drunk. Fortunately for him he was not driving. Unfortunately for him he got on the T and headed back to Melrose to his home. When the train got to the last stop in Melrose he went nuts. He broke a window on the train and then took out his private and urinated on the floor of the train. The police came and arrested him and charged him with Disorderly Conduct, Malicious Destruction of Property, and Indecent Exposure. On February 29, 2016 he was arraigned in Malden District Court on these new charges and when they saw that he was still on Probation in Lowell District Court he was ordered to appear in Lowell District Court the next day. ET called Attorney Robert Lewin in North Andover and retained Attorney Lewin to appear with him the next day in Lowell District Court. ET was concerned that he would be detained (held without bail) in Lowell District Court on the alleged violation of probation. Attorney Lewin contacted the probation officer; the probation officer was both surprised and disappointed with ET as he felt that ET had been doing well on probation. Attorney Lewin got probation to not ask that ET be detained. ET and Attorney Lewin appeared in Lowell District Court that next day and ET was arraigned on the probation violation and the case was continued for a final probation surrender hearing to March 24, 2016. ET was released on personal recognizance. Attorney Lewin told ET that he had to get mental health counseling for his obvious alcoholism. ET followed Attorney Lewin’s suggestion and started seeing a counselor. On March 24, 2016 ET and Attorney Lewin returned to Lowell District Court for the final probation surrender hearing. ET was facing a potential 2 1/2 year sentence to the House of Correction. Attorney Lewin had advocated hard with the Probation Officer to give ET an additional chance to avoid jail. The probation officer agreed that counseling was a better outcome than jail. ET’s case was called in the First Criminal Session and the Judge, after a hearing, agreed with Attorney Lewin and the probation officer and re-probated ET with the added conditions that he remain in mental health counseling and that he now remain alcohol free and be subject to random breath testing by probation. ET was extremely relieved that no jail time was imposed. Now ET has to deal with those new charges in Malden Court. More to follow …