Massachusetts Criminal Lawyer BlogKL was married with one child. His wife had many issues including expecting KL to be at her beck and call whenever she wished. The marriage was floundering and KL moved out; she called KL often and demanded that he drop whatever he was doing and come take their child so she could “go out”. When he did not respond promptly enough she called the police and accused KL of assaulting her. The police came and arrested KL and charged him with Assault and Battery on his wife. He was arraigned in Woburn District Court and his case was continued. While that case was pending she called the police a second time and again accused KL of assaulting her. KL was arrested again and brought to Woburn District Court; the DA’s Office sought to have KL’s bail on the first case revoked and have him locked up while the cases were pending. (Right now – October 2010 – it can take 5 months to get a trial date in Woburn District Court.) KL was released on a cash bail which his father put up. KL retained Attorney Lewin. KL insisted he was innocent. As the time for trial drew near KL’s family became concerned about whether or not he should go to trial or perhaps “work out a plea deal”; Attornney Lewin insisted that Kyle not plead guilty but rather go to trial. Attorney Lewin made it clear to KL and his family (and to KL’s wife) that the evidence and the truth were on KL’s side and that KL would never plead guilty. On October 26, 2010 KL’s cases were called for trial in Woburn District Court. Attorney Lewin stood up and in a loud clear voice answered that KL was ready for trial on both cases. KL’s wife refused to testify; both charges were dismissed. Never plead guilty to a crime you did not commit.
Articles Posted in Assault & Battery
BULLYING VICTIM EVENS THE SCORE AND WALKS
GP, an 18 year old from Wilmington, was being picked on and bullied by a fellow who at one time had been his best friend. The bullying reached the point where GP couldn’t take it any more. GP attacked the bully, knocked him down, and allegedly kicked him with a shod foot. GP emphatically denied kicking the boy. A boy who was present videoed the entire episode on his cell phone. The police applied for a criminal complaint against GP for Assault and Battery by Dangerous Weapon, a shod foot, and a hearing before a Clerk-Magistrate was scheduled at Woburn District Court. The crime is a felony in Massachusetts. GP retained Attorney Joshua Lewin. Attorney Lewin immediately contacted the Wilmington Police and then drove to the Wilmington Police Station and obtained a copy of the video. The video was not of the best quality but a careful review ov the video confirmed what GP had been saying that he did NOT kick the bully. With the video in hand Attorney Lewin approached the Police Prosecutor and an agreement was reached that no complaint would issue against GP. On October 26, 2010, GP and Attorney Joshua Lewin appeared at Woburn District Court for the Clerk-Magistrate’s Hearing and no criminal complaint was issued against GP. As a result of the case being prepared without delay prior to the Clerk-Magistrate’s hearing GP was not charged, he did not have to appear in front of a judge, and NO CRIMINAL RECORD was created.
ANOTHER ALLEGED DOMESTIC ASSAULT DISMISSED
EB, age 36, was arrested and accused of domestic assault and battery on his seventy year old father. EB consistently and emphatically denied that he had struck his father. Following his arraignment EB retained Lewin & Lewin. Attorney Robert Lewin sought out the father and spoke with him. The father came to the pre-trial hearing at Lowell District Court. Attorney Lewin put the father in direct contact with the Assistant District Attorney. The father told the Assistant DA that no assault occurred. The DA’s Office refused to dismiss the case at the pre-trial hearing!! This is the position the Middlesex County DA’s Office takes in virtually every domestic assault and battery case. Attorney Lewin requested a quick trial date. On Wednesday, October 13, 2010 litigation specialist Joshua Lewin from the firm of Lewin and Lewin appeared in Lowell District Court and answered ready for trial. The Commonwealth could not go forward and the case was dismissed.
Angry Mother With A Shoe
SD, a 68 year old mother, was angry that her son’s ex girlfriend had caused a number of criminal charges to be filed against her son (Kidnapping, Attempted Murder, Violation of an Abuse Prevention Order). The son was ordered held in $10,000 cash bail. In March 2010 the son’s case was on the Court list in Lynn District Court. Mother came to court wearing a pair of sandals. Mother saw the ex-girlfriend (a girl to whom the mother had been most generous over the last several years) and grabbed the ex-girlfriend by the hair, punched her in the head, and then allegedly took her sandals off and beat the ex-girlfriend with the sandals. Court officers and Lynn Police came running and put the mother in cuffs and arrested her. She was charged with Assault and Battery by means of a dangerous weapon (the sandals), Assault and Battery, and Threats. After considerable negotiations with the Essex County District Attorney’s Office, on June 7, 2010 the DA agreed to dismiss the felony count of Assault and Battery with a dangerous weapon and the count alleging Threats. The charge of Assault and Battery (a misdemeaonr) was ordered continued for nine months without a finding to be dismissed at the end of the nine months. As Attorney Lewin and the mother were leaving the Courthouse he told her to leave her sandals at home the next time she comes to Court.
DOMESTIC BLISS?
On April 17, 2010, MC, a stunning woman of 40 years (she looks like age 25) became very upset with her 24 year old husband for his habit of visiting with and spending time the mother of his child (a woman other than MC). MC became enraged and proceeded to give him a good beating. When he said he was leaving (to go you know where) she said I’m calling 911 which she did. The police responded and after speaking with him and her arrested her and charged her with Domestic Assault and Battery. MC had a prior charge of Assault and Battery in 2009. The District Attorney did not want to let go of this case; however, Attorney Lewin prepared a Marital Affidavit for the Husband to sign. On May 26, 2010 the case was on the criminal pre-trial list in Malden District Court. At Attorney Lewin’s request the husband came to court and exercised his marital privilege. Attorney Lewin moved for dismissal and the case was ordered dismissed by the Judge. MC and her husband walked out of court arm in arm.
Another Domestic Assault Dismissed
A 58 year old Woburn mother was accused of assaulting her 32 year old daughter in Woburn District Court. The mother insisted she was simply trying to prevent her daughter from going to the home of the daughter’s child’s father, a useless bloke who pays no child support. The daughter told the police that as the daughter was leaving the house her mother grabbed the daughter’s pocketbook which the daughter had over her shoulder causing the daughter to hit the refrigerator and fall to the floor. The police report indicated that the mother was drunk. For years the Mother had put up with her daughter’s substance abuse and the Mother was the primary caretaker of the daughter’s child. The Mother’s frustration with her daughter was understandable. On the day of the pre-trial hearing the Mother indicated she just wanted to get the case over with and plead guilty. Attorney Lewin insisted that she not plead to the case as he felt that no jury would convict her. The case was continued for trial and on Friday, April 16, 2010 the District Attorney’s Office in Woburn District Court filed a nolle prosequi ending the case. A nolle prosequi is a termination of the prosecution of a criminal case by the Commonwealth; it is similar to a dismissal.
Domestic Assault With A Mouse
On April 8, 2010, BT, a 46 yearl old salesman, appeared in Lawrence District Court charged with Assault and Battery and Assault and Battery with a Dangerous Weapon (a computer mouse) on his 44 year old wife (who happened to be a lawyer). Mrs. T exercised her marital privilege and signed an affidavit that had been prepared by Attorney Lewin to the effect that she would not testify against her husband and that she wanted the case dismissed. Before April 8, Attorney Lewin put Mrs. T in touch with the victim/witness advocate from the DA’s Office so that the DA knew that she was not on board with the Commonwealth. After a brief hearing the case was ordered dismissed by the Judge in Lawrence at the pre-trial hearing. Although the DA’s Office often takes the position that they will not dismiss Domestic Assault and Battery cases at the pre-trial hearing, with proper preparation the DA can sometimes be convinced to dismiss at the pre-trial and not require everyone to return to court for a trial date.
Saugus Assaulter Gets Break In Malden Court
A Saugus man in his fifties who works in Boston had a confrontation with a younger man in his thirties in Boston that led to a brief fistfight. They did not know one another and the fight ended quickly and they each went their own way. The fight took place in the summer of 2009. Thereafter the Saugus man noticed the younger man at the train platform at North Station while waiting for his train. One October night the Saugus man got on his train and noticed the younger man get on the same train. The Saugus man took the train to his stop in Melrose and the younger man got off at the same stop. The Saugus man was concerned that the younger man was going to follow him to his home. The Saugus man had a dog leash in his jacket pocket with metal studs on it. The Saugus man confronted the younger man and proceeded to beat the younger man with the collar, clearly getting the better of the fight and causing some injury to the younger man. Someone called 911 and the Saugus man got arrested for assault and battery with a dangerous weapon (a felony). The Judge in Malden Court – who clearly felt there was more to the story than met the eye – ordered the case continued generally for six months to be dismissed. This disposition of a general continuance of the case was quite favorable as there was no admission of guilt or wrongdoing by the accused. His plea of not guilty remained in full force and effect and at the end of the six months the case will be dismissed. This is similar to a continuance without a finding, except that a continuance without a finding does require an admission that the evidence is sufficient to warrant a finding of guilty. In this case there was no admission.