All’s Well That Ends Well

On January 30, 2021 HB and her husband BB (40+ year marriage) got into a heated argument at their home in Salisbury. HB had been drinking and she threatened to stab her husband with a knife. BB grabbed a letter opener and threatened to retaliate with the letter opener. The argument moved from the bedroom down into the kitchen where HB grabbed a large kitchen knife and threatened to stab BB. HB (!) then called 911. The police responded. The police seized the two weapons and charged both husband and wife with Assault on a Household Member and the felony charge of Assault with a Dangerous Weapon.

HB and BB sought out a lawyer and contacted Attorney Robert Lewin from Andover. Attorney Lewin explained that it would not be wise for one lawyer to represent both  husband and wife. HB (the wife) retained Attorney Lewin and Attorney Lewin referred BB (the husband) to another experienced criminal lawyer who also practices in Newburyport District Court with whom Attorney Lewin has a good working relationship.

Both HB and BB had made statements to the police that incriminated themselves and each other. Attorney Lewin met with the Assistant District Attorney prosecuting the case and advocated for the DA to agree to dismiss the case.

On April 14, 2021 HB and Attorney Lewin and BB and his attorney appeared in Newburyport District Court. By agreement with the District Attorney the cases against both HB and BB were continued generally for six months to October 14, 2021. On October 14, 2021 all the charges against both HB and her husband BB were dismissed.

general continuance is a disposition of a case that is NOT a plea bargain. There is NO guilty plea. There is NO admission to sufficient facts. It is different from a continuance without a finding. A continuance without a finding is a plea bargain and involves an admission that the evidence is sufficient to warrant a finding of guilty. A general continuance, on the other hand, is NOT a plea bargain. There is NO admission.

We sometimes refer to a general continuance  as a delayed dismissal. Both HB and BB were happy that all the charges against them were dismissed.

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