Massachusetts Criminal Lawyer Blog
RW, a 57 year old owner of a landscaping/irrigation business in Tennessee, received a notice from the Tennessee Department of Motor Vehicles that his Tennessee License was being suspended because Massachusetts had suspended his right to operate a motor vehicle due to an outstanding warrant in a Massachusetts Court. RW needed a license to run his business and to do all the things that we all do with a license. Unfortunately for RW the warrant was a probation violation warrant. Thirty years earlier, in 1987, RW had been found guilty of Larceny Over $250.00 in Cambridge District Court. He was given a 1 year suspended sentence and placed on probation for 2 years and ordered to pay restitution. Now, 30 years later, he was at risk of having that 1 year suspended sentence put into effect. On Tuesday, October 10, 2017 RW called Attorney Robert Lewin in North Andover, MA and explained the situation. Attorney Lewin told RW that he would call him back. Attorney Lewin called the Clerk-Magistrate’s Office and was able to get the details on the case including the bank to whom the restitution was owing. The bank was no longer in business. Attorney Lewin called the probation office at the Court. It turns out that RW’s probation officer from 30 years earlier still worked in the probation department! He was now the Chief Probation Officer. Attorney Lewin explained RW’s situation to the Chief Probation Officer and explained that the bank was no longer in existence. As promised, Attorney Lewin called RW back (that same Tuesday) and explained the situatuion to RW and explained that he felt he could get the warrant canceled and the case resolved without RW coming to Massachusetts. The next day, Wednesday, October 11, 2017, RW hired Attorney Lewin. The following day, less than 24 hours after being retained, Attorney Lewin went to Cambridge District Court and had the case sent into the Courtroom. Attorney Lewin explained to the Judge that the bank was no longer in existence and that the probation office was not looking for any additional sanction. Attorney Lewin explained that RW had left Massachusetts and moved to Tennessee shortly after being placed on probation. Attorney Lewin asked the Judge (a) to waive (excuse) RW’s appearance in court, (b) to allow Attorney Lewin to appear in RW’s absence, (c) to order the warrant canceled, (d) to terminate RW’s probation, and (e) to discharge RW from any further responsibility to the Court. The Judge granted the request and the case was closed.
Attorney Lewin left the courthouse at 9:35 AM and called RW. RW could not believe the news. Attorney Lewin explained to RW that it would take 24 hours for the Massachusetts Registry of Motor Vehicles to remove the suspension of RW’s right to drive and an additional 24 hours for that to get entered into the National Driver Registry. Two days later RW walked into the Tennessee Department of Motor Vehicles and got his Tennessee License reinstated.
After 42 years of criminal defense practice and 4 years before that as an Assistant District Attorney, Attorney Lewin knew just whom to call and what to say to get the quick and most favorable result possible.