Another Hit and Run Charge Avoided

On March 20, 2025, JB, a 20 year old male, was driving his Mother’s car on I-95 in Boxford. He lost control of the car and the car went off the left side of the road striking the “cable retention system”, taking out six posts and damaging 72 feet of cable wire. JB panicked and continued driving the badly damaged car. He took the next exit off the highway, parked on the side of the road, and fled the scene. The car was found by the local police. They ran the plate and then went to JB’s house. JB and his mother were present. JB confessed to the police. The State Police issued a citation to JB for Leaving the Scene of a Property Damage Accident and a Marked Lane Violation. JB and his Mother contacted Attorney Robert Lewin from Andover and they retained Attorney Lewin.

Attorney Lewin then took the following actions:

  • Attorney immediately brought the citation over to Haverhill District Court and requested a Clerk-Magistrate Hearing.
  • Attorney Lewin obtained a copy of the insurance policy for the car to show that there was plenty of insurance to cover the cost of repairing the cable retention system.
  • Attorney Lewin got a copy of JB’s criminal record – he had none.
  • Attorney Lewin got a copy of JB’s Driver Record – it was a very minimal record.

Attorney Lewin then contacted the State Police Prosecutor and furnished all the documentation to the prosecutor and advocated for a resolution of the case at the Clerk-Magistrate Hearing without a criminal complaint being issued.

On May 20, 2025, JB and Attorney Lewin appeared at Haverhill District Court for the Clerk-Magistrate Hearing. The purpose of a Clerk-Magistrate Hearing is for the Clerk to determine whether to issue a criminal complaint against the accused. If the Clerk-Magistrate issues a criminal complaint then the accused has to return to court for an arraignment and a criminal record is created and the case becomes a criminal case. The goal for the defense at these hearings is to convince the Clerk-Magistrate not to issue a criminal complaint.

Attorney Lewin had spoken to the police prosecutor before the hearing and the prosecutor agreed not to oppose Attorney Lewin’s request for a complaint not to issue.

The Clerk-Magistrate at the hearing thought the facts of the case were concerning; however, she listened carefully to Attorney Lewin’s request that she not issue a criminal complaint. At the completion of the hearing, the Clerk-Magistrate said that she was NOT going to issue a criminal complaint. She ordered that the hearing be continued to September 1, 2025, and as long as JB was in no further trouble with the law, then on that date no one had to return to court and the application for a criminal complaint for Leaving the Scene would be denied and dismissed. In addition, the Clerk-Magistrate entered as NOT responsible finding on the civil Marked Lanes violation.

After the hearing, Attorney Lewin explained to JB the following:

  • NO criminal complaint was issued against him.
  • He was NOT charged with any criminal offense.
  • He does NOT have to return to court and go before a Judge.
  • NO entry will be made in the CORI (Criminal Offender Record Information) system against him.
  • He continues to have NO criminal record.

Both JB and his Mother were thrilled with the result. This excellent result was obtained because Attorney Lewin took the time to gather all the necessary documents, present them to the State Police BEFORE the hearing, and then go to the hearing fully prepared to advocate forcefully for JB.

There are very few criminal lawyers who bring to every case the vast knowledge and experience that Attorney Lewin possesses. Attorney Lewin was an Assistant District Attorney from 1971 to 1974, and for the last 50 years has limited his practice to criminal defense. The results he achieves speak for themselves.

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