Massachusetts Criminal Lawyer BlogIn 1992, JB pled guilty to possession of cocaine and heroin in the Lowell District Court. He was sentenced to one year in the House of Correction, but the Judge suspended the jail sentence for one year. This meant that JB would never see the inside of a jail cell so long as he complied with the terms of his probation for one year. During his third month of probation, however, JB left snowy Massachusetts and moved to sunny Florida without getting the approval of his probation officer or the Judge. The Probation Department at Lowell District Court issued a Notice of Surrender for Alleged Violation of Probation and the Court issued an arrest warrant in 1993 for JB. JB never returned, instead establishing himself and a career in Florida. After 17 years living in Florida, however, the law caught up to JB. While attempting to renew his driver’s license, the State of Florida informed him that he had an outstanding warrant in Massachusetts and that Florida would not renew his driver’s license until the warrant was cleared. JB needed his license to work but was scared that the Judge would send him to jail for one year if he returned to Massachusetts. JB called attorney Joshua Lewin and explained the situation. After discussing the case, JB retained Attorney Lewin. Attorney Lewin promptly went to the Lowell District Court and was able to get the warrant recalled without JB having to be present in Court. As a result, JB was able to renew his license in Florida and he was not without a license for a single day. But that was only half the battle, as JB was still facing a one year jail sentence in Massachusetts. Attorney Lewin spoke to the probation department and court prosecutors about the case. On a snowy April morning, JB returned from Florida to Lowell and appeared in front of the Judge with Attorney Lewin. Attorney Lewin persuaded the Judge that it was not in the interests of Justice to send JB to jail. In fact, Attorney Lewin’s argument was so persuasive that the Judge terminated JB’s case entirely and set him free without any punishment. When he came to Massachusetts, JB was facing a one year jail sentence. The only punishment he got was having to deal with a freak New England spring snow storm. That was punishment he was willing to accept. Oftentimes we are able to get the Judges to terminated probation in these old cases without the client having to return to Massachusetts; every now and then, however, we get a judge who insists that the client return to Massachusetts. This was the case here; but when the client did appear the Judge terminated the probation and discharged the client from any further responsibility in the case.
Articles Posted in Clearing Warrants
RAPE PROBATION VIOLATION SUCCESSFULLY DEFENDED
In 1983, WC – then age 28 – went out on a date with a woman and ended up being accused of Rape. He did not deny the charge and was able to negotiate a plea where he was given a 7-10 year suspended state prison sentence and he was placed on Probation for five years. For four years he was a perfect probationer. At the beginning of his fifth year of probation he simply walked away from the probation and moved to Louisiana. From 1988 to 2011he lived in Louisiana. He started a business and became successful. The business was a custom motorcycle engine shop. On a February day he was in his shop when the US Marshalls showed up with a warrant for his arrest for being a fugitive from justice from the state of Massachusetts. They cuffed him and brought him to a local court in Louisiana where he was held for rendition back to Massachusetts. His friends contacted Attorney Robert Lewin in Massachusetts. WC ultimately waived a hearing in Louisiana and was transported back to Massachusetts. He was brought to Middlesex Superior Court (now in Woburn, MA) and brought before a Magistrate where he was ordered held without bail. He was served with a Notice of Surrender for Alleged Violation of Probation. There was no question that he had violated his probation: he left the state without permisssion; he failed to keep in contact with probation; he failed to report to probation; etc. The Probation Department was asking that his probation be revoked and the 7-10 year state prison sentence be put into effect. Attorney Lewin put together a memorandum for the Judge that included letters from associates in Louisiana, business records, and medical records. The case required some thinking outside the box. Extending his probation did not make sense as that would require that he not leave Massachusetts and that he wear a GPS bracelet. Sending him to prison to serve 7-10 years for a crime that occurred 28 years earlier did not make much sense either. WC’s friends in Louisiana were willing to put together a free WC fund and raised $15,000. Attorney Lewin suggested to the Judge that she find WC in violation of his probation and that she assess $5,000.00 as a court cost penalty and terminate his probation. The Judge liked the idea but thought the money way too short. The horse trading began and when the dust settled on March 22, 2011 the Judge ordered $15,000. WC’s friends wired the $15,000 up to Attorney Lewin who paid it to the Court. WC was brought back before the Judge who ordered his probation TERMINATED and ordered him RELEASED FROM CUSTODY. He was then discharged from the case and the case was closed. WC is back in Louisiana building engines and catching shrimp.
Framingham District Court Warrant Cleared
In 2009, DW, a 58 year old car parts salesman, gave a fellow a check for $1,500 that was worthless. The fellow went to the police and the police took out a criminal complaint against DB for Larceny Over $250, Forgery, and Uttering (all felonies). DB left Massachusetts and moved to Virginia and never received the summons to appear in Framingham District Court. A warrant issued for his arrest. Two years later (in 2011) DW learned of the outstanding warrant and contacted Attorney Robert Lewin. Attorney Lewin spoke to the victim and confirmed that DB made good on the bad check plus interest. Attorney Lewin then contacted the police and the District Attorney’s Office and got the DA’s Office to agree to dismiss all the charges against DB prior to arraignment and without DB having to appear in Court. On April 5, 2011 Attorney Lewin appeared in Framingham District Court on DB’s behalf and the Judge went along and dismissed all the charges prior to arraignment without DB appearing personally. By dismissing the charges prior to arraignment the charges do not go on DB’s criminal record. It is as is it never happened.
CALIFORNIA RESIDENT GETS MASSACHUSETTS WARRANT CLEARED
For RD, a sixty-two year old California real estate broker, life was good until in 2011 the California Department of Motor Vehicles refused to renew his driver’s license because RD’s driving privileges in Massachusetts were suspended. It turns out that in 1983 (yes, 28 years ago) RD was arrested for DUI in Massachusetts. Back in 1983 he went to Westborough District Court (Massachusetts), pleaded guilty, was placed on probation for one year and ordered to complete a first offender drunk driving program. Before beginning the program RD’s then employer moved his job to California. RD “blew off” the probation and the DUI Program and moved to California. RD got a California license and for the next 28 years life was good. Meanwhile RD’s case in Westborough District Court went into default status, a notice of probation violation was issued, a warrant for his arrest issued, and the Massachusetts Registry of Motor Vehicles suspended his driving privileges in Massachusetts. Unfortunately for RD, over the years the computer tracking systems dramatically improved and in March of 2011 the California Department of Motor Vehicles notified RD that he could not renew his California license until he got reinstated in Massachusetts. On Friday, March 4, 2011 RD contacted Attorney Lewin. Attorney Lewin contacted the Westborough District Court and confirmed that RD was in default of his probation and that there was a warrant outstanding against him. The Chief Probation Officer at the Court took the position that RD had “blown off” his probation and therefore they were unwilling to do anything for him unless he returned to Massachusetts. And then Probation’s position was that RD should suffer a 1 year loss of his driving privileges in Massachusetts (the typical penalty in Massachusetts for persons who are either kicked out of the program or fail to attend). This would have meant a one year loss in of license in California. On Saturday, March 5 RD wired a retainer to Attorney Lewin. Over the weekend Attorney Lewin did a one-hour phone conference with RD and gathered all the necessary information from RD so that an effective written and oral presentation could be made to the Judge on Monday and Attorney Lewin prepared a Motion to get the matter cleared up. On Monday afternoon, March 7, 2011 Attorney Lewin appeared in Westborough District Court. The Chief Probation Officer’s position had not softened. After a full hearing on the Motion that Attorney Lewin presented to the Judge, the Judge took the following action: (1) The Judge excused RD’s appearance in Court and allowed Attorney Lewin to appear in his behalf. (2) The Judge removed the default that had entered back in 1983. (3) The Judge ordered the Warrant cancelled. (The cancellation of the warrant is the first required step in getting the driving privileges reinstated.) (4) The Judge found that RD was in violation of his probation because he left the state without permission, because he failed to complete the DUI program, and because he had failed to report to probation. (5) The Judge then reprobated RD and extended his probation for 5 months and ordered that he could now do the First Offender DUI Program in California. (Over the weekend Attorney Lewin had downloaded information on the California First Offender DUI Program and furnished it to the Judge anticipating that the Judge might take that course.) Attorney Lewin left the courthouse late that afternoon and called RD in California. Attorney Lewin told RD that Attorney Lewin still had to go to the Massachusetts Registry of Motor Vehicles to complete the process. On Tuesday morning, March 8, 2011 Attorney Lewin went to the Massachusetts Registry of Motor Vehicles with the Notice of Warrant Cancellation from Westborough District Court. After a hearing the Massachusetts Registry of Motor Vehicles cancelled the suspension of RD’s driving privileges. This information was then entered (electronically) by Masscahusetts into the National Driver Register (NDR) System. Attorney Lewin left the Registry of Motor Vehicles building and called RD in California and told RD to get over to the California Department of Motor Vehicles and get his license. RD told Attorney Lewin “If you were standing in front of me I would give you a big hug!!!!” RD got his California License that same afternoon. Within 48 hours of being hired Attorney Lewin was able to clear up this 28 year old problem.
VIRGINIA MAN WINS DRUG CASE IN MASSACHUSETTS AND GETS HIS LICENSE REINSTATED
Carlos F, a thirty year old laborer, was arrested in Malden, Massachusetts in 2004 with a small amount of cocaine in his sock. He was living in Massachusetts at the time and went to Malden District Court where he was charged with possession of cocaine. Before his case was finished Carlos left Massachusetts for greener pastures in Virginia. As a result of his leaving, Carlos was defaulted in Malden Court and the Court issued a warrant for his arrest. As a result of the warrant the Msssachusetts Registry of Motor Vehicles suspended Carlos’s license. Meanwhile Carlos had obtained a Virginia license and lived and worked in Virginia from 2004 to 2011. In late 2010 Carlos received a notice from the Virginia Department of Motor Vehicles that his Virginia license was being suspended because he was under suspension in Massachusetts. Carlos wrote letters to the Masssachusetts Registry of Motor Vehicles and he wrote to the Malden District Court trying to resolve the case without coming to Massachusetts; his letters fell on deaf ears. In early March 2011 Carlos retained Attorney Lewin. Attorney Lewin immediately contacted the District Attorney’s Office to see if they would be willing to dismiss the case without Carlos coming to Massachusetts. At first the DA was adamant that they wanted Carlos to come to Court to face the cocaine charge. The arresting officer was still on the force; the drugs were still in the evidence locker; the state could easily prove its case. Attorney Lewin suggested to the DA that the state could use money – given the difficult economic times. Atorney Lewin suggested dismissing the case upon the payment of $500 in Court costs. The DA bit the bait and when the horse trading finished an agreement was reached to dismiss the cocaine charge on the payment of $1,500 in Court costs. Carlos needs three months to make payment and the DA agreed to a payment schedule of $500 per month. We still needed to get the presiding Judge in Malden Court to adopt this agreement. Judge Johnson is not an easy Judge in this type of case; he does not like people who “take off” and then when their driving privileges get suspended in some other state come back here lookling for relief. He often requires the people to come back to Massachusetts to “face the music”. On Monday morning, March 7, 2011 Attorney Lewin went into Malden Court and presented a written Motion seeking relief. After a hearing in which the DA joined in a request to dismiss the case upon the payment of $1,500 over three months the Judge granted Attorney Lewin’s request. The Judge excused Carlos’s appearance, the Judge removed the default, the Judge cancelled the warrant (the cancellation of the warrant is the first step in getting the driving privileges reinstated), and the Judge ordered the case dismissed upon the payment of $1,500 in three months. Attorney Lewin left court and called Carlos in Virginia and gave him the good news. Attorney Lewin told Carlos that Attorney Lewin was going to the Massachusetts Registry of Motor Vehicles to try to get his driving privileges reinstated. The next day Attorney Lewin went to the Massachusetts Registry of Motor Vehicles and had a hearing with a hearing officer to get Carlos’s driving privileges in Massachusetts cleared. It turned out that Carlos had two Massachusetts Licenses. This took a little doing to unravel but by the end of the day on Tuesday, March 8 Carlos’s driving privileges in Massachusetts were reinstated. Attorney Lewin called Carlos with the news; Carlos then went to the Virginia Department of Motor Vehicles and got his Virginia license reinstated.
30 YEAR OLD WARRANT CLEARED
IS, a 47 year old businessman living in NY, went to obtain a high security clearance. He was told that he had warrants outstanding in an old criminal motor vehicle case in Cambridge District Court. The warrant dated back 30 years! IS emailed Attorney Lewin an inquiry. Attorney Lewin responded that he felt he could clear the warrant immediately. On February 7, 2011 IS sent Attorney Lewin a retainer by wire transfer at 9:00 AM. Within two hours, Attorney Lewin prepared a Motion to Cancel the Warrants and Dismiss the cases. Attorney Lewin went to Cambridge District Court, had the Clerk-Magistrate pull the papers on the cases, spoke with the District Attorney, and had the cases sent into the Courtroom. The Judge granted Attorney Lewin’s Motion and ordered the warrants cancelled and ordered the cases dismissed. Attorney Lewin walked out of Cambridge District Court slightly before 11:00 AM and called IS in New York. IS could not believe it was done so quickly. On February 9, 2011 IS got his high security clearance.
OLD MASSACHUSETTS WARRANT CANCELLED
In 1988 CC was arrested in Lowell, MA on drug charges. While CC’s drug case was pending in Court, CC was arrested for being a fugitive from justice on a Warrant for Rape out of Texas. CC was returned to Texas to face the Rape charge and was told that his drug case in MA would be closed. CC was convicted in Texas of the rape and was sentenced to 16 years in Prison to be followed by 50 years of probation with an electronic monitoring bracelet. CC served his 16 years in prison and was released in 2006. He has been on probation in Texas since 2006 and is doing incredibly well. Upon his release from prison he got a job as a janitor and in four years he has become a plant manager. He has absolutely no probation violations. In early November 2010 CC went to renew his Texas Driver’s License but was told he had an outstanding warrant in Massachusetts that was causing his right to operate in Massachusetts to be suspended which in turn was causing his reight to drive in Texas to be placed in nonrenewal status. CC was told he would have to go to MA to get the warrant cleared up. Only problem is that CC cannot leave the State of Texas because he is on Probation for a sex offense. Without the license CC cannot get back and forth to work. On Friday, November 12, 2010 CC retained Attorney Joshua Lewin of Lewin & Lewin. Attorney Lewin went to Lowell District Court that same day and filed the appropriate papers to have CC’s 1988 drug case put on the Court list for Tuesday, November 16, 2010. The drug case was in default warrant status. On November 16, 2010 Attorney Lewin appeared in Lowell District Court; the DA’s Office at first did not want to let go of this 22 year old drug case. After some argument and persuasion the DA agreed to dismiss the case. The Judge ordered the case dismissed and the warrant recalled. Attorney Lewin left the District Court and went to the Registry of Motor Vehicles (RMV) with a copy of the Notice of Warrant Cancellation. Attorney Lewin had a hearing at the RMV and the restriction against CC’s driving privileges was lifted. The next day CC went to the Texas Department of Motor Vehicles and was able to renew his Texas license.
License Reinstated in Less Than Four Hours
DC lives in Ohio and has an Ohio license. Recently DC went to renew his Ohio license and was told he had a warrant in Massachusetts and a license suspension in Massachusetts and that both would have to be cleared up before Ohio would renew his Ohio license. DC had a very substantial job in the construction industry and absolutely needed a license to earn a living. On Tuesday, July 27, DC contacted Attorney Lewin and retained Attorney Lewin. Within minutes Attorney Lewin determined that in fact there was NO warrant outstanding against DC, that the entry of a warrant was incorrect. There had been a warrant but that warrant had been cancelled some years earlier. Attorney Lewin then contacted the Registry of Motor Vehicles, got the Registry to correct its records, and got DC’s driving privileges reinstated. All this was done in under 4 hours.
License Reinstatement in Under 24 Hours
In 2004 MS was cited in Brookline, Massachusetts for one criminal motor vehicle violation and two civil motor vehicle infractions. MS subsequently moved to Rhode Island and then to Viriginia and never received the court summons to appear in Brookline District Court. In 2005 a warrant was issued by Brookline District Court. For the last four years MS has had a valid Virginia license. Recently MS went to renew his Virginia license and was told he could not renew it because of the warrant in Massachusetts. On Wednesday, July 28, 2010 MS contacted Attorney Lewin and retained Attorney Lewin. On Thursday, July 29, 2010 Attorney Lewin went to Brookline District Court to begin work on the case. After reviewing the Court papers and speaking the with Assistant District Attorney, Attorney Lewin was confident the Judge would look favorably on a request to cancel the warrant and dispose of the case without MS having to travel from Virginia to Massachusetts. A Motion for relief was presented to the Judge who then (1) allowed Attorney Lewin to appear for MS, (2) excused MS’s appearance in court, (3) dismissed the criminal charge, (4) entered findings of not responsible on the civil motor vehicle infractions, (5) cancelled the warrant and (6) closed the case. The cancellation of the warrant was electronically transmitted to the Mass. Registry of Motor Vehicles and Viriginia allowed MS to renew his Virginia license. All this was done in under 24 hours.
Clearing An Old Warrant
In 1995, while he was a college student in Rhode Island, Joseph C attended a concert in Massachusetts. Driving back to Rhode Island at two in the morning Joseph was going down Route 95 at 95 mph. He was pulled over by the State Police. It turns out that his California License was suspended. He was cited by the Mass. State Police for Unlicensed Operation and Speeding. Thereafter he returned to Rhode Island and eventually to California. He never received the Court summons and was defaulted. A Warrant issued for his arrest. The case sat idle for over a decade. In 2010 the Massaschusetts RMV (Registry of Motor Vehicles) picked up the warrant and revoked his right to operate in Massaschusetts. That revokation was entered into the NDR (National Driver Register) Data Base and California refused to renew his license. He contacted the Court and was told he would have to come out to Massachusetts to clear the warrant. Joseph retained Attorney Lewin on Tuesday, June 22, 2010. On Wednesday morning, June 23, 2010 Attorney Lewin appeared in Wrentham District Court. Attorney Lewin spoke with the Assistant District Attorney who, after some haggling, agreed to didmiss the charges. Attorney Lewin appeared before the Judge and the Judge went along with the dismissal of the charges (including the speeding ticket of which he was found not responsible). Attorney Lewin obtained the Notice of Cancellation of Warrant and furnished it to the RMV and by 3:00 PM Joseph C was cleared in Massachusetts so that he could get his license in California. This took less than twenty-four hours after being retained. Joseph C is back out cruising in his BMW.