Articles Posted in Clearing Warrants

On March 11, 1997 JL was stopped by the Andover Police for speeding. When the Police ran his license it came back as suspended. When the police checked his record he had three prior convictions for driving on a suspended license. JL went to court for arraignment. The case proceeded in Court and the DA was looking for JL to go to jail. The case was set down for trial in 1999 and JL defaulted on the trial date, a warrant issued for his arrest, and he went on the run. Fast forward 18 years. JL is living in Florida and has a Florida license. He goes to renew his FL license and FL will not renew because FL is now aware of the warrant in Massachusetts. JL continues to drive in FL and gets caught. The Judge in FL tells JL to get his warrant cleared in Massachusetts and get his license reinstated in Massachusetts otherwise the FL judge is going to send him to jail.

JL retains Attorney Robert Lewin in North Andover. It takes the Clerk’s Office in Lawrence Court two weeks to locate the papers from 1997; the papers had actually been misfiled. The papers are located. The police report is located and the police officer who stopped JL back in 1997 is still an active duty police officer on the Andover Police Department! Attorney Lewin meets with the District Attorney and convinces the District Attorney to dismiss the case upon the payment of $650.00 in Court Costs. The DA’s Office, however, insists that they will not dismiss the case until and unless JL comes to Court in MA.

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In 1980, EO, then age 26, was drinking and drugging and got into a boatload of trouble stealing checks, forging checks, and passing bad checks. He got locked up and when he was released from jail he had 7 cases in Lawrence District Court where he was placed on probation with a 2 year suspended sentence. As a condition of probation he was also ordered to pay restitution. In 1981, while on probation, he took off from Massachusetts. He never paid the restitution. Years went by. EO stopped drinking and he stopped using drugs. Thirty-five years later in 2015 he is living in the State of Wisconsin. Wisconsin refused to renew his driver’s license because of the outstanding warrants in Lawrence District Court. The Federal Immigration Service revoked his passport and refused to let him leave the country because of the warrants. EO retained Attorney Robert Lewin in North Andover.

Attorney Lewin immediately went over to Lawrence District Court and requested that all of EO’s Court papers be brought up from the archives. This took about a week. EO, now age 61, did not want to travel to Massachusetts to clear up these warrants and he certainly did not want to have to serve the 2 year sentences (7 of them) that had been suspended back in 1980. Attorney Lewin had EO furnish him with all the good things that had gone on in EO’s life since he became drug and alcohol free. Attorney Lewin opened up a conversation with the Chief Probation Officer at Lawrence District Court. The conversation spanned about one week. The Chief Probation Officer wanted to check all of EO’s Court records to see exactly what EO was facing.

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CB, a 40 year old plumber who needs a license to work, got in trouble in Lynn District Court back in 2009. He left Massachusetts and moved to FL and got a FL license. In 2015 he went to renew his FL license and was told he could not because his license/right to operate had been suspended in MA due to an outstanding warrant in Lynn District Court. In fact CB had a 2009 criminal case in Lynn that was in warrant status due to unpaid money. When CB called Lynn District Court he was told he would have to come up to MA to clear the warrant. On Monday, September 21, 2015 CB retained Attorney Robert Lewin from North Andover. On Wednesday, September 23, 2015 Attorney Lewin went to Lynn District Court without CB and paid the moneys that were owing to the Court. The Court removed the default that had been entered against CB, cancelled the warrant, and ordered the case dismissed. The Registry of Motor Vehicles was notified, the suspension on CB’s license/right to operate was lifted, and CB is now able to renew his FL license.

On January 24, 1990 CS was arrested in Lowell, MA and charged with DUI Liquor and Operating without a License. He was bailed out from the Lowell Police Station and ordered to appear in Lowell District Court the next morning for an arraignment. CS lived in Maine at the time. CS, who was age 26 at the time, did not go to Lowell District Court and a warrant for his arrest was issued by the Court. Over the next 24 years life went on for CS. He moved to North Carolina, married, had three children, and ultimately started his own business (selling snow cones). He got a North Carolina driver’s license and life was good. In early December 2014 CS went to renew his NC driver’s license and his past came back to bite him. He was told he could not renew his license because his right to drive in Massachusetts was suspended because of the outstanding warrant in Lowell District Court. This information was showing up in the National Driver Register (NDR) and was preventing CS from renewing his license in NC. CS contacted and retained Attorney Robert Lewin in North Andover, MA. Attorney Lewin went to Lowell District Court and obtained a copy of the only paper in the court file – a docket sheet from 1990. The court file did not contain a police report. The arresting officer was no longer on the police force. Attorney Lewin contacted the DA’s Office at Lowell District Court and furnished the DA with a copy of the court Docket Sheet. The DA said they would have to see if a police report could be found and – assuming they could determine who the witnesses were – if the witnesses were identifiable and locatable. Attorney Lewin advocated for the DA to drop the case. Attorney Lewin stayed in contact with the DA at least 2 times per week for two weeks. It was becoming apparent that the DA and the police were unable to find a police report let alone any witnesses. On January 5, 2015 Attorney Lewin filed a Motion to excuse CS’s personal appearance in court and to dismiss the case. Lowell District Court requires 7 days notice on scheduling a Motion. On January 13, 2015 Attorney Lewin appeared in court on behalf of CS. The District Attorney agreed that they could not go forward with the case and the DA filed a Nolle Prosequi. A Nolle Prosequi is a dismissal of a criminal charge that is filed by the District Attorney. The Judge accepted the Nolle Prosequi and the Judge granted Attorney Lewin’s Motion to excuse CS. The Judge ordered the warrant recalled & cancelled and the Judge ordered the case dismissed. No court costs or court fees were assessed.
Notice of the the cancellation of the warrant and the dismissal of the case will be transmitted electronically to the Registry of Motor Vehicles by Lowell District Court. The Registry will then lift the suspension of CS’s right to drive and CS will be able to renew his North Carolina License. When Attorney Lewin returned from Court on January 13, 2015 he sent CS an email to update him on what happened in Court. CS then replied in an email as follows: “Great!! I can honestly say I have never had a lawyer work as hard as you have – thank you so much.” Needless to say CS is a happy camper!

In 1986, BC was 20 years old and he had little use for authority. In that one year he was arrested for Breaking & Entering in North Andover, Larceny in North Andover, and Disturbing the Peace in Lawrence. In addition BC had a another case in Lawrence District Court on which he owed a series of fines. It all got a bit much for BC and he decided at the age of 20 to take what we lawyers call “the southern defense”; that is, he left Massachusetts and his four open criminal cases in Lawrence District Court and headed south to Florida. Things in Florida got better for BC: he married, had two children, and ultimately started his own roofing company. His children grew and ultimately left the nest; his business grew and he became financially successful. Then one day in late 2014 BC went to renew his Florida driver’s license and was told he could not renew his license because the NDR (National Driver Register) was showing a hold in Massachusetts because of four outstanding warrants in Lawrence District Court. Twenty-eight years after hitting the road his past had caught up with him. BC contacted and retained Attorney Robert Lewin from North Andover.
Attorney Lewin immediately went over to Lawrence District Court and obtained copies of the court papers from 1986. Attorney Lewin examined the papers and realized that the officer involved in the most serious of the cases was dead. It also became apparent that police reports may not be able to be located on these cases and witnesses may not be able to be located. Attorney Lewin contacted the DA’s Office. The DA would not agree to dismiss the cases until BC came back to Massachusetts and appeared in Court. BC (and his wife) flew up from Florida and BC and Attorney Lewin appeared in Lawrence District Court on December 3, 2014. The Judge removed all the defaults in the four cases and cancelled the four warrants against BC. All the cases, except for the Breaking & Entering, were then ordered dismissed. The DA wanted a further opportunity to see if they could put the B & E case together. The Judge continued the B & E case to January 12, 2015 and ordered that BC was excused from appearing on that date. After leaving Court on December 3, 2014 BC and Attorney Lewin went to the Massachusetts Registry of Motor Vehicles with certified copies of the Court paperwork showing that the warrants had been cancelled and the Registry then removed the suspension of BC’s right to operate a motor vehicle. That night BC and his wife flew back to Florida and within two days BC was able to renew his Florida license.On January 12, 2015 Attorney Lewin appeared in Lawrence District Court and explained to the Judge that the Commonwealth could not go forward with the case; the Judge then ordered the B & E case dismissed. All four of BC’s cases were dismissed and he got his license back. BC is a very happy camper.

SR is 47 years old and lives in Colorado. SR applied for a gun permit but was denied on the grounds that he had a warrant in Massachusetts that dated back to 1987. The warrant was for a misdemeanor charge of unlicensed operation of a motor vehicle in Lawrence District Court. SR called the court and was told that he had to come out to Massachusetts to clear the warrant or he could try getting a local lawyer to help. SR called Attorney Robert Lewin from North Andover, MA. SR retained Attorney Lewin late in the afternoon on Thursday, November 6, 2014. Attorney Lewin interviewed SR by phone on Thursday evening and on Friday, November 7, 2014, Attorney Lewin went over to Lawrence District Court and had SR’s 1987 case put on the court list for that day. Attorney Lewin spoke with an Assistant District Attorney and the Asst. DA agreed to dismiss the case. The case was called and the Judge ordered the warrant cancelled and the case dismissed. Attorney Lewin then obtained attested copies of the Notice of Warrant Cancellation and the Court Docket Sheet (showing that the case was dismissed) and sent them out to SR in Colorado so that he could now get his gun permit. Within two hours after court opened this problem was solved.

In 1983 and 1984 WL, then 23 and 24 years old got into a spate of trouble with the Haverhill Police. He had charges of Violating Probation on an Operating Under the Influence of Liquor charge, Malicious Destruction of Property (a Felony), two charges of Operating an Uninsured Motor Vehicle, and a charge of Attaching Plates to Conceal a Vehicle. It all became too much so WL headed out west to California for greener pastures. Months turned into years and years turned into decades. In 2014, WL, now 53 years old, is living in Pennsylvania and he went to renew his Pennsylvania gun license. He was told he could not renew his gun license because he had these warrants in Haverhill District Court. WL first hired a Massachusetts lawyer who does gun license cases. When the lawyer saw the situation in Haverhill District Court, the lawyer told WL you need to get a lawyer who knows the Haverhill District Court and who has experience in getting old cases cleaned up. On Wednesday, September 10, WL contacted Attorney Robert Lewin in North Andover, MA. They talked on the phone and then WL retained Attorney Lewin (paying the legal fee by wire transfer). Later that day Attorney Lewin went to Haverhill District Court, reviewed all the papers, and spoke directly to the Probation Department. On the DUI case WL had been put on probation back in 1984 but he utterly failed to comply with his probation. He did not do the DUI Program and he had not paid the court fees and fines. The one big thing that WL did have going for him was that for the last 30 years he had not got into any trouble. Attorney Lewin was able to convince the Probation not to ask that WL’s probation be revoked. On Friday, September 12, 2014, WL flew out to Boston and met Attorney Lewin at Haverhill District Court. Attorney Lewin and WL went in front of the Judge. Attorney Lewin explained to the Judge that over the last 30 years WL had gone on to become a productive citizen, that he had his own business, that he was raising two children, and most importantly that WL had stayed out of trouble. The Judge was impressed with WL’s progress over the last 30 years and agreed to dismiss the probation violation. The Judge then dismissed all five cases against WL and ordered WL to pay a total of $1,000 in court costs. WL paid the $1,000 immediately before anyone changed their mind. Within 48 hours of retaining Attorney Lewin all five of WL’s cases in Haverhill District Court were dismissed. WL was thrilled and flew back to Pennsylvania to get his gun license. Had the Probation Office asked for WL’s probation to be revoked and had the Judge revoked his probation, WL could have been sentenced to up to 2 1/2 years in jail and his right to drive would have been revoked for one year (and Pennsylvania would have revoked his Pennsylvania driver’s license for the one year period). He had a lot at stake and it worked out well. WL gave Attorney Lewin a big thank you and handshake as they left the Courthouse.

Back in 2005 PT, then age 31, kited checks at a local bank in Holyoke, MA and ended up owing the bank $1,100.00. Check kiting is illegal and when he refused to pay the bank the $1,100.00 a criminal complaint for Larceny by Check Over $250 was taken out against PT. PT defaulted in Court and took off for Texas. In 2014 PT went to renew his Texas License and was told he could not renew it because he had an outstanding warrant in Massachusetts. PT remembered virtually nothing about the case. PT contacted Attorney Robert Lewin. Attorney Lewin – that same day – contacted the Court and the Holyoke Police and was able to determine the facts of the case, the amount of money owing, that the investigating officer had retired from the police force and the investigator for the bank had also retired. PT retained Attorney Lewin. Attorney Lewin spoke the next day with the Assistant District Attorney at the court; the DA’s Office agreed that if PT paid the $1,100.00 forthwith then the DA’s Office would agree to dismiss the case – and PT would not have to come up to Massachusetts. Attorney Lewin called PT and gave him his options: (1) He could come up to Massachusetts and fight the case and probably win it of (2) he could pay the $1,100.00, not have to come to Massachusetts, and probably get the case dismissed. PT’s wife wired the $1,100.00 to Attorney Lewin the next day. On Tuesday, April 8, 2014 Attorney Lewin appeared in Holyoke District Court and presented a Motion to waive PT’s personal appearance in Court. The judge granted the Motion, Attorney Lewin paid the $1,100.00 to the Court, the default was removed, the warrant cancelled, and the case dismissed. The suspension of PT’s right to operate a motor vehicle imposed by the Massachusetts RMV because of the warrant in Holyoke District Court has been lifted and PT can now go to the Texas DMV and get his Texas license renewed. From the date PT hired Attorney Lewin to the date the warrant got cancelled and the case was dismissed consumed 7 business days. Like many people who have outstanding warrants PT was afraid to deal with it and thought it would never rear its head. Neither PT nor his wife could believe that the case got so favorably resolved, so quickly, without PT having to come to Massachusetts.

CN, a 40 year old female refugee from Cambodia living in Lowell, has lived in the shadows for the last 18 years because she had warrants outstanding in Lawrence District Court and Roxbury Municipal Court. In March of 1995 she was arrested in Boston and charged with Receiving Stolen Property and Possession of Cocaine. In July of 1986 she was arrested again, this time in Lawrence, and charged with 4 counts of B & E into A Motor Vehicle, 1 Count of Possession of Burglar’s Tools, and 3 counts of Larceny. Terrified that she would be sent to jail she defaulted in both Courts and “lived in the shadows” for 18 years. On February 27, 2014 CN had an office consult with Attorney Robert Lewin and retained him. Attorney Lewin essentially told her she did not have much to worry about given the ages of the cases. The next day Attorney Lewin brought CN into Lawrence District Court: the Defaults were removed, the warrants recalled, and the cases were continued to March 27, 2014 for pre-trial hearing. Attorney Lewin was successful in getting the Judge in Lawrence not to order CN held for Roxbury Court, but rather released her to go to Roxbury with Attorney Lewin that same day at 2:00 PM. Attorney Lewin and CN then went to Roxbury where the Judge removed the defaults, recalled the warrants, and continued the case to April 1, 2014 for pre-trial hearing. Attorney Lewin then met with the DAs in both Lawrence District Court and Roxbury Municipal Court. The principal witness in the case in Lawrence would have been 107 years old but had passed away many years earlier and most of the police involved in the Lawrence Court case were retired. With the case in Roxbury neither the police report nor the drugs could be found. On March 27, 2014 CN and Attorney Lewin appeared in Lawrence District Court: all 8 charges were DISMISSED. On April 1, 2014 CN and Attorney Lewin appeared in Roxbury Municipal Court: the 2 charges there were DISMISSED. CN was so excited and thrilled that these cases – which had hung over her head for years and had been a shadow on her life – were gone. The Judges in both Lawrence and Roxbury allowed CN to be released because they knew and trusted Attorney Lewin to show up in Court with CN on the next court dates. That kind of trust has been built up by Attorney Lewin over the 43 years he has been a lawyer and appearing in Court.

In 1991, at the age of 18, AR set fire in a school building. He was charged with Arson and two counts of possession of an explosive device. He was indicted by the Middlesex County Grand Jury and in February 1993 he appeared in Middlesex Superior Court and was given three 10 year sentences to MCI Concord; the sentences were suspended and he was placed on probation for three years. While he was on Probation he was subsequently arrested for two counts of operating on a suspended license, one count of possession of a class D substance, and five counts of larceny. All those new cases happened in 1995 and they were all in Framingham District Court. Fearing that his probation in Superior Court would be revoked and that he would be sent to State Prison for his three 10 year sentences, AR went on the run. Warrants for AR’s arrest were issued from both Middlesex Superior Court and Framingham District Court. Years went by; he moved to Vermont; he married; he had two children; and he accumulated an Assault charge in Vermont and two DUI convictions in Vermont. The last DUI conviction was in April 0f 2012. In April of 2012 AR vowed to get his life on track. He got into alcohol abuse treatment. He joined AA. Vermont told AR that he could not get his driving privileges reinstated unless and until he faced the music in Massachusetts. AR contacted Attorney Robert Lewin. Attorney Lewin went to Framingham District Court and Middlesex Superior Court and obtained copies of all the papers in AR’s cases. It turned out that not only did he have three ten year suspended sentences in the Superior Court but he also had a suspended sentence in Framingham District Court. But 18 years had passed and although he had not been trouble free he was now in treatment for his alcoholism and was doing well. A letter was obtained from his Probation Officer in Vermont; a letter was obtained from his Alcohol Counselor in Vermont; a letter was obtained from his present employer and his previous employer; attendance slips from AA were obtained; and a letter was obtained from his wife that attested to AR’s commitment to sobriety. Attorney Lewin had lengthy conversations with the Probation Officer in Framingham District Court and the Probation Officer in Superior Court. On Wednesday, March 20, 2013 AR and Attorney Lewin (and many members from AR’s family) walked into Framingham District Court. After a hearing all the warrants in Framingham District Court (6) were ordered cancelled, AR paid $2,148.16 in court fees and restitution, all of his cases were ordered closed. After 18 years he walked out of Framingham District Court. On Thursday, March 21, 2013 AR and Attorney Lewin walked into Middlesex Superior Court. His cases were sent up to a Judge in a criminal session. The Judge was given all the police reports about the explosive devices and the setting fire in the school from 1991. The Judge saw that AR had been given three 10 year suspended sentences with probation. The Judge also read all the letters that had been furnished by Attorney Lewin. Attorney Lewin made a simple but direct plea to the Judge. AR’s offenses had occurred 21 years ago; although he had not been trouble free during the 21 years he now seemed to be grounded. He had been alcohol free (and had passed every random drug and alcohol test he had been given in Vermont) since his last arrest for DUI in Vermont. He was now married and had two children and was working hard to support his family. Attorney Lewin closed his statement to the Judge by asking the Judge to terminate AR’s Probation and discharge him from any further responsibility in these cases. Before Attorney Lewin could sit down the Judge said one word “Done”. After 20 years of living in fear that he would be forced to serve the three ten year sentences AR walked out of the Superior Court in Woburn completely free. When AR and his family walked out of the Courthouse AR and his family burst into tears of relief and joy. He had been so convinced that he was going to have to serve the ten years he could not believe he was free.From the very outset Attorney Lewin had encouraged AR to think positively and to go about the business of getting letters that would help. As Attorney Lewin turned to leave, AR’s father, age 71, came over to Attorney Lewin and and gave Attorney Lewin a firm handshake and a hug and said “It was great to watch a pro in action.” That made Attorney Lewin’s day. Hard work, smart work, and perseverance paid off.

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