Articles Posted in Clearing Warrants

MT, is a building and roofing contractor. He is now (April of 2021) age 57.

  • In 1994 he took a $5,350.00 deposit from a customer in Andover, MA but did not do the work. He was charged by the police with Grand Larceny. In 1994 he went to Lawrence District Court, was found guilty, and was ordered to pay restitution in the amount of $5,350.00. He failed to make the payment and a default warrant issued for his arrest.
  • In 2015 he took a $4,000.00 deposit from a couple in Chelmsford, MA but did not do the work. The police charged him with Grand Larceny and a straight warrant for his arrest was issued by Lowell District Court. (A straight warrant simply means the court did not summons him; rather than a summons the court issued a “straight” warrant.)

In July of 2019, SM, a 23 year old woman was pulled over by the Wakefield Police. The police had done a random scan/query of the registration plate on her car and it came back as revoked due to insurance cancellation. When the police asked for her license it turns out that her right to operate in Massachusetts had been suspended due to an unpaid speeding ticket.  She was charged with operating an uninsured motor vehicle, operating a vehicle with a revoked registration, and operating after suspension of her right to drive. The Malden Court issued a summons for her to come to court but she claimed never to have received it. A warrant for her arrest was issued by the court.

She stopped driving after that and the car sat in her driveway. In 2021 she contacted and retained Attorney Robert Lewin from Andover wishing to clear things up. Attorney Lewin immediately filed his appearance as her lawyer and that gave him access to all the court papers and the police reports which he immediately obtained. Attorney Lewin explained to SM that if she got the car registered and insured and if she got her right to drive reinstated that that would go a long way toward getting the charges resolved very favorably. SM was a good client. She paid off the old speeding ticket and paid a reinstatement fee for her right to operate and her right to operate was reinstated by the Registry. She also got a new insurance policy and got the car reregistered. Attorney Lewin filed a Motion with the Court to cancel the warrant and dismiss the charges.

On April 1, 2021 Attorney Lewin and SM appeared virtually via zoom in Malden Court (which is in Medford!). Attorney Lewin had filed all the papers from the Registry with the Judge and with the DA to show that SM had taken care of all her issues. The Judge then said that she was ordering the warrant cancelled all the charges against SM dismissed prior to arraignment.

In 2010, SL, a 19 year old exotic dancer was living with another dancer in Fitchburg. They had a falling out and SL moved out and moved down to Florida. Unbeknownst to SL, her former roommate in Fitchburg accused SL of stealing money and a cell phone from the apartment they had shared. The roommate went to the police and the police took out a criminal complaint against SL for Larceny Over $250 (a felony). Because SL was of parts unknown a warrant was issued for her arrest by Fitchburg District Court. Years passed and SL moved to upper New York State. SL went to apply for a driver’s license but was turned down by the NY DMV because her right to drive in Massachusetts was under suspension because of the warrant in Fitchburg District Court. That is when SL first learned of the case in Fitchburg District Court.

SL contacted Attorney Robert Lewin from Andover. After a thorough initial free consultation SL, now age 29, hired Attorney Lewin. Attorney Lewin explained to SL that with a little luck they might be able to get the case favorably resolved without SL having to come to Massachusetts. On February 4, 2021 SL retained Attorney Lewin. Attorney Lewin immediately contacted the Fitchburg District Court and was able to obtain all the court papers and the police report. Attorney Lewin emailed copies to SL and they reviewed them together. SL told Attorney Lewin that she was innocent of the charge and after reading the police report it was clear to Attorney Lewin that the State could not prove the case against SL. Attorney Lewin immediately contacted the DA’s Office and within five days the DA’s Office agreed to dismiss the case without SL having to come to Massachusetts and the court.

On February 17, 2021 Attorney Lewin and SL appeared via Zoom in Fitchburg District Court. Attorney Lewin had prepared and filed a Motion to Cancel the Warrant, Allow the parties to appear via zoom, and Dismiss the case prior to arraignment. After a brief hearing the Judge Ordered the warrant cancelled and the case dismissed prior to arraignment.

VK is a thirty-one year old Marine stationed is California. His work in the marines requires him to have a driver’s license. In 2005 VK was arrested by the Lowell Police for several misdemeanor charges. He never went to court and for 14 years a warrant for his arrest was outstanding. As a result of the warrant the Massachusetts Registry of Motor Vehicles suspended his license. In 2019 this suspension of his license finally caught up with VK. VK contacted Attorney Robert Lewin from North Andover and explained his situation. On July 14, 2019 VK retained Attorney Lewin.

Attorney Lewin immediately went over to Lowell District Court and obtained copies of all the papers in VK’s case. Attorney Lewin then prepared a Motion to Waive (Excuse) VK’s personal appearance in Court, to Cancel the warrant, and to dismiss the case. Attorney Lewin met with the Assistant District Attorney and explained that VK was a career marine and needed to get the warrant cleared so that he could remain in the marines and that he did not have the funds to return to MA. The Assistant District Attorney was persuaded by Attorney Lewin’s request and agreed.

On July 16, 2019 (less than 48 hours after being hired) Attorney Lewin went into Lowell District Court. Attorney Lewin had the case brought forward and sent in to the main courtroom. Attorney Lewin went before the Judge and presented the Motion to Waive VK’s personal appearance in Court, cancel the warrant, and dismiss the case. The Assistant District Attorney told the Judge they had no objection. The Judge granted Attorney Lewin’s motion. The warrant was ordered CANCELLED and the case was ordered DISMISSED. The Judge was so impressed with VK’s service history (Attorney Lewin had received that via email from VK and given it to the Judge) that the Judge ordered the case dismissed prior to arraignment. Because the case was dismissed prior to arraignment the case does not go on VK’s criminal record. It is as if it did not happen.

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.

TK, a 52 year old sales manager at a car dealership in Burlington, MA, was charged with Larceny By Check Over $250 back in 2001 in Woburn District Court. The charge arose out of a series of bad checks that TK had written in 2001. The checks were written on a business account that TK had. The account had virtually no money in it. TK simply walked away from the case and a warrant for his arrest was issued. For some reason the Registry of Motor Vehicles did not pick up on the warrant until 2017 at which time the Registry revoked TK’s license. TK needed the license to work at the car dealership. TK contacted and retained Attorney Robert Lewin from North Andover, MA.

Attorney Lewin went over to Woburn District Court and obtained copies of all the relevant court papers and police reports. From the police report Attorney Lewin was able to determine that the bank which was victimized in the case was no longer in business. Attorney Lewin approached the Assistant District Attorney in Woburn District Court and was able to furnish the Assistant District Attorney with evidence that the State (the Commonwealth) could not at this time successfully prosecute the case: the bank was no longer in business;  it would be virtually impossible to find the witnesses (16 years later); and no one could identify TK as the person who wrote the bad checks.

On July 31, 2017 TK and Attorney Lewin appeared in Woburn District Court. The case was called and the Assistant District Attorney stood up and told the Judge that the Commonwealth could not go forward with the case. The Judge looked over at Attorney Lewin and Attorney Lewin then moved (asked) for the warrant to be recalled and the case dismissed. The Judge granted Attorney Lewin’s motion (request). The warrant was recalled (cancelled) and the charges against TK were dismissed.

KH, a 54 year old landscaper living now in Vermont, was arrested in Lawrence, MA in 2003 and charged with Unlawful Possession of Heroin, Conspiracy to Violate the Controlled Substance Act, and Operating After Revocation of License, 2nd Offense. KH failed to appear in Lawrence District Court following his arrest and a default warrant issued for his arrest. KH left Massachusetts and moved to Vermont. Vermont revoked his right to drive and told him he could not get a Vermont license until his revocation in Massachusetts was cleared. In order to clear his Massachusetts revocation KH had to get the warrant in Lawrence District Court cleared. KH contacted and retained Attorney Robert Lewin from North Andover, MA.

Attorney Lewin went over to the Court and obtained copies of all the relevant papers in KH’s case (the Court Docket, the Criminal Complaint, the Police Report, and a copy of KH’s Criminal Record). When Attorney Lewin read the police report he recognized the name of the arresting officer and was aware of the fact that the arresting officer had been fired from the police department for misconduct. The police report did mention that a second officer had assisted in the arrest. That second officer was still around. Attorney Lewin met with the Assistant District Attorney at Lawrence District Court and discussed the case at length. The DA’s Office took the position that KH should not be rewarded for “skipping town” for 14 years and they refused to dismiss the case in his absence.

On September 25, 2017 KH came down to Massachusetts and KH and Attorney Lewin went into Lawrence District Court. KH was booked into Probation and then KH and Attorney Lewin went into the First Criminal Session to address the warrant and the case. Attorney Lewin was prepared to address the court when the Assistant District Attorney stood up and told the Judge that the DA’s Office could not go forward because the officer was no longer available. Attorney Lewin then moved to have the warrant recalled (cancelled) and the case dismissed. The Judge granted Attorney Lewin’s motion (request) and ordered the warrant cancelled and the case dismissed.

On June 6, 2007, BQ, a then 29 year old office worker from New Hampshire with an opioid problem was arrested and charged with trespassing in the parking lot of a fast food restaurant in Lawrence. BQ had gone there to buy drugs. She was bailed out that day and never went to court. A warrant for her arrest was issued. For ten years BQ remained under the radar. In 2016 BQ – having been clean for for a considerable time – had a baby and needed to get a license. Because of the outstanding warrant in Lawrence District Court her right to drive in Massachusetts was suspended and as a result she could not renew her New Hampshire license which was now expired. BQ contacted Attorney Robert Lewin from North Andover. On August 30, 2017 BQ hired Attorney Lewin and on the same day Attorney Lewin and BQ went over to Lawrence District Court. Attorney Lewin had previously gone over to the Lawrence District Court and obtained copies of all the papers (the criminal complaint, the court docket sheet, and the police report) and forwarded them to BQ. In addition Attorney Lewin had previously met with the Assistant District Attorney and discussed a resolution of the case. After some discussion the Assistant DA agreed to Attorney Lewin’s request to dismiss the case. On August 30, 2017 Attorney Lewin and BQ went to the court and appeared before the Judge. The Judge ordered the warrant recalled (canceled) and the Judge ordered the case dismissed prior to arraignment. By ordering the case dismissed prior to her being arraigned the Judge prevented BQ from getting a criminal record as a result of this case. BQ left the courthouse very happy.

As a result of this disposition the following happened:

  • The warrant was cleared (on the very first date in Court).

In May of 1984 KW, then age 24, was arrested in Andover for Operating Under the Influence of Liquor and several other criminal offenses. One month later in June of 1984 KW was arrested again for Operating Under the Influence of Liquor in Wakefield. KW then flew the coop; he left Massachusetts and has been living in Arizona ever since. Warrants for KW’s arrest were issued in both Lawrence District Court and Malden District Court. He was able to get an AZ license and for years ignored the two warrants in MA. Recently Arizona refused to renew KW’s AZ license because he was under suspension in MA because of the two warrants. KW was hesitant to return to MA for fear that he would get locked up – particularly when he went to the first court to get the warrant cleared. He feared that the Judge in the first court would order him put into custody and held for the second court.

KW contacted Attorney Robert Lewin from North Andover. Attorney Lewin explained to KW that if he ever wanted to drive legally again he would have to get these warrants and the cases cleaned up. KW retained Attorney Lewin. Attorney Lewin was able to get the papers from both courts. The police officer in the Wakefield case retired just four months ago; however, no police report could be found in the Wakefield case. The police officer in the Andover case had retired almost ten years ago, but he was still around(!) and he had the police report from the case!!

On November 21, 2016 KW and Attorney Lewin went into Malden District Court and the Judge ordered the Malden Court warrant cancelled. The Malden Court case was then continued to December 2, 2016 to give the DA one last opportunity to see if they could put the case together. The Judge did not lock KW up on the warrant for Lawrence District Court but allowed KW to go with Attorney Lewin to Lawrence. Two hours later KW and Attorney Lewin appeared in Lawrence District Court. As in Malden District Court, the Judge ordered the warrant in Lawrence District Court cancelled and that case was continued to the same December date.

LN, a 53 year old woman from a metro north suburb, is charged with two counts of Larceny in Concord District Court. She was employed as a cashier at a local pharmacy and is accused of stealing two gift cards from the pharmacy after putting $500 on each of the gift cards. LN has retained Attorney Robert Lewin from North Andover to represent her in Concord District Court. One of the first things Attorney Lewin did was to run her criminal record to make sure there were no surprises on the record. Sure enough, there was a warrant outstanding for LN’s arrest as the result of a default in a Larceny case in Woburn District Court going back to 1989. Attorney Lewin explained to LN that it was important to get the warrant taken care of before LN’s first appearance in Concord District Court, which is scheduled for January 15, 2016. (Attorney Lewin explained to LN that if the warrant in Woburn Court was still outstanding when LN and Attorney Lewin go into Concord District Court that the Judge in Concord District Court could order LN locked up and transported free of charge in the Sheriff’s van to Woburn District Court after spending a night in MCI Framingham.) Attorney Lewin went to Woburn District Court and obtained copies of the papers in the Woburn Court Case.

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