Massachusetts Criminal Lawyer Blog
On February 10, 2024, SQ, a 50 year old software developer, and his wife got into an argument. According to the Ipswich Police Department Report, SQ got into his wife’s face, she pushed him back, and then he punched her with a closed fist in the mouth, cutting her mouth and causing her to bleed down onto her chin. She immediately ran out of the house and drove to the police station and reported what had happened. The police took photos of her, and drove to the house and arrested SQ. SQ went to court and was arraigned. SQ then contacted and retained Attorney Robert Lewin of Andover.
Attorney Lewin reviewed the facts of the case and the police reports carefully. SQ’s wife decided she did not want to testify against her husband. Oftentimes, that causes the case to be dismissed; however, where there is independent evidence that an assault occurred and that the accused committed the assault, the state can go forward with the prosecution. In SQ’s case the police had the wife’s detailed statements at the police station as to the punch in the mouth, and they had photographs of her bloody face and cut lip. Attorney Lewin filed a detailed Motion to Exclude from evidence at the trial the statements SQ’s wife made to the police. (If the Judge determines that the statements were an “excited or spontaneous utterance”, then the police will be allowed to testify at trial as to the statements made by SQ’s wife. If the Judge determines that the statements were not an “excited or spontaneous utterance”, then the police will not be allowed to testify at trial as to the statements made by SQ’s wife.)
The case was set down for trial on April 10, 2024. Prior to that date, Attorney Lewin met with the Assistant District Attorney and reviewed with the Assistant DA, Attorney Lewin’s Motion to Exclude the statements made by the wife at the police station. Attorney Lewin was able to get the Assistant DA to agree that her statements at the police station were not an “excited or spontaneous utterance”. This was a huge step for the defense.
On April 10, 2024, SQ, his wife, and Attorney Lewin all appeared in Ipswich District Court (in the Newburyport District Courthouse). The case was called. Attorney Lewin answered that the Defense was ready for trial and that SQ’s wife was present and wanted to exercise her “marital privilege” and not testify against her husband. The Judge questioned SQ’s wife to make certain that she was refusing to testify of her own free will. The Judge then excused her from testifying. The Assistant DA then told the Judge that they could not go forward with the case. Attorney Lewin then moved to dismiss the case and the Judge ordered the case dismissed. This was an important win for SQ. SQ is not a US Citizen. Domestic Assault and Battery is a deportable offense. It was extremely important to SQ that the case be dismissed. Needless to say, SQ and his wife were extremely happy with the result that Attorney Lewin was able to obtain for them.
2023 and now 2024 have been extremely successful years for Attorney Lewin – particularly with the Domestic Assault and Battery Cases (technically Assault and Battery on a Family or Household Member). Attorney Lewin has a remarkable string of not guilty verdicts and dismissals in these cases. His vast experience over the last 49 years as a criminal defense lawyer (with 4 years before that as a prosecutor in the District Attorney’s Office) have made him one of the premiere criminal lawyers in the Commonwealth.