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.
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.
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.
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.
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.
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.
Two California Driver’s Get Lucky In Massachusetts
MP, a forty year old man, had default warrants outstanding in criminal cases in Lowell District Court, Somerville District Court, Chelsea District Court and Woburn District Court. The warrants dated back to 1989 and 1990 when MP lived in Massachusetts. In mid 1990 he moved to California leaving all the warrants outstanding in Massachusetts. In 1991 he was convicted of rape in California and then served 16 ½ years in prison in California. In 2008 he was released from prison and tried to get a California license. His driving privileges in Massachusetts had been revoked because of all the warrants. Attorney Lewin filed Motions in all the Massachusetts Courts where he had outstanding warrants to get the warrants cancelled and to get the criminal cases dismissed. Every warrant from each court was cancelled and all the criminal charges were dismissed. After tying up some loose ends at the Registry of Motor Vehicles, MP’s driving privileges in Massachusetts were reinstated on March 23, 2010 and he was then able to obtain a California license. MP never had to come to Massachusetts. Attorney Lewin was able to get all the cases resolved in his absence. MP is now driving around in his 1966 Chevrolet Super Sport!
JM, a fifty-eight year old chemical engineer, resides in California. In 1990 he came to Massachusetts to attend a course in Cambridge. While driving on Storrow Drive he was involved in a collision and did not stop. He was subsequently stopped by the State Police and issued a citation for Leaving the Scene of a Property Damage Accident. When his course in Cambridge was finished in he returned to California and never attended to the Leaving the Scene case. The case went into default status and a warrant issued against him. In 2009 JM went to renew his California license and California refused to renew it because of the outstanding warrant in Massachusetts. JM wrote to the Court (Charlestown District Court) and he called the Court and they told him he would have to come out to Massachusetts. JM retained Attorney Robert Lewin and within 28 days the warrant was recalled and the case was dismissed without JM having to come here. One trip to the Registry of Motor Vehicles cleared his Massachusetts Suspension and on March 25, 2010 California reinstated his driving privileges. JM is a happy camper.
In Massachusetts there are two types of arrest warrants: Default Warrants and Straight Warrants.
A default warrant is issued when a person fails to appear in Court after having been given notice to appear; for example, a person is arrested for operating under the influence and is brought to a police station. The police call in a bail commissioner who sets cash bail. The person puts up the cash bail and signs a “recognizance” form. A “recognizance” form is a “promise to appear” in a specified court at a specified time on a specified date. The person then fails to appear in court on that specified date and the court issues a default warrant.