Deportable Offenses

December 19, 2021

Shoplifting Charge (Fourth Offense) Avoided

On October 2, 2021, NS, a 38 year old alien (green card holder) from India was caught shoplifting in Macy’s in Saugus. Macy’s had her on video and actually had her on video on three prior occasions shoplifting in the store. The loss prevention officer escorted NS back to the security office and the Saugus Police were called. The Saugus Police took her information and did not arrest her; they told her she would receive a notice from the Lynn District Court.

NS and her husband began a search for a lawyer. NS and her husband consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained how lucky NS was that the police did not arrest her. They could have and then she would have been fingerprinted and she would have to appear before a Judge and a criminal record would have been created. Attorney Lewin immediately contacted the Saugus Police Prosecutor to request that the case be set up for a Clerk-Magistrate Hearing. This was done.

Attorney Lewin recognized that NS had a serious problem. NS completely lacked the ability to see the situation she was in. NS kept saying it was an accident and a mistake. Attorney Lewin pointed out that stealing merchandise four times from the same store was not an accident or mistake. On four different occasions NS had gone into the store with the intention to steal; she had picked up merchandise, placed it into a bag, then hidden the merchandise under other items in the bag, and then walked out of the store without paying. Those were all intentional acts that required planning and execution. Attorney Lewin explained to NS and her husband that if Attorney Lewin tried to sell her behavior to the police prosecutor and the Clerk-Magistrate as an “accident or mistake” that the police would not cooperate nor would the Clerk-Magistrate.

January 20, 2018

NON DEPORTABLE DISPOSITION IN SERIOUS ASSAULT CASE

by Robert D. Lewin

EU, a 19 year old resident alien from Albania, lives in Peabody with his parents and two brothers. His mother was apparently having an affair with a 31 year old man. EU’s father was very angry with his wife and the man with whom she was having an affair. EU found his Mother’s apparent boyfriend and in full view of a security camera at a local YMCA EU proceeded to beat up the apparent boyfriend leaving the boyfriend bleeding profusely from the head. People inside the Y saw the beating and called the police. EU fled the scene before the police arrived. EU was known to the people at the Y and he was quickly identified by the police. EU was charged with Assault and Battery.

EU’s father consulted with and retained Attorney Robert Lewin from North Andover to represent EU. The biggest problem that EU faced is that Assault & Battery is a deportable offense. EU is NOT a citizen and in this climate having a criminal conviction for Assault & Battery can lead directly to deportation, exclusion from admission to the country if you leave, and denial of citizenship. Attorney Lewin explained the Federal Deportation law in detail to EU and his father and explained the real risk that EU was facing if he were found guilty. Even a continuance without a finding followed by a dismissal is a deportable disposition. The Federal Government treats a continuance without a finding the same as a guilty finding.

The video was terrible as it showed EU (and another man) attacking the victim. In addition the police took photos of the victim and the photos showed the cuts to his head and the blood all over his face and clothing.

March 20, 2017

DOMESTIC ASSAULT & BATTERY CHARGE DISMISSED: DEPORTATION AVOIDED

by Robert D. Lewin

On December 31, 2016 (New Years Eve day) WQ, a 27 year old software engineer who is a resident alien from Russia, got into an argument with her husband. The couple live in Andover, MA. WQ lost control and physically attacked her husband scratching his face and arms and back. He fled the house and went to the police station. He told the police he did not want her arrested. The police photographed his injuries and then went to the house and arrested WQ. She admitted to the police that she had scratched him but she said it was in self-defense.

WQ consulted with and retained Attorney Robert Lewin of North Andover. Attorney Lewin was quite familiar with WQ and her husband as Attorney Lewin had represented her husband one year earlier in a domestic assault charge that had been filed against the husband by WQ. (See the posting on this blog dated February 24, 2016). The husband agreed to have Attorney Lewin represent his wife in this case.

After reviewing the facts it became clear to Attorney Lewin that a good case of self-defense could be made out by WQ. Attorney Lewin thoroughly prepared WQ for trial based on self-defense. Attorney Lewin and WQ had two lengthy trial preparation sessions during which Attorney Lewin prepared WQ for her testimony in Court.

March 25, 2016

SHOPLIFTING CASE DISMISSED: INDIAN IMMIGRANT

by Robert D. Lewin

Over a three week period KW, a 40 year old Indian National and her husband, both from Andover, had been going to a gas station in Lawrence and stealing coffee and firewood. When they were discovered the owners of the gas station went back through the daily videos and observed KW and her husband shoplifting at the gas station ten times over a three week period. The next time KW and her husband arrived at the station the owner called the police and the police responded immediately. KW and her husband were both charged with shoplifting. KW and her husband received a Notice of Complaint Hearing before a Clerk-Magistrate. They thought they would be smart and go to the hearing without a lawyer. At the hearing the Clerk found probable cause to charge them and criminal complaints were issued against KW and her husband charging each of them with Shoplifting. KW is not a citizen and shoplifting is a crime of moral turpitude and presumptively deportable. KW consulted with and retained Attorney Robert Lewin of North Andover. Attorney Lewin immediately consulted with the District Attorney and pointed out to the DA that any guilty finding or even an admission by KW could cause her immediate deportation. After considerable advocacy by Attorney Lewin, the District Attorney agreed to dismiss the charges against both KW and her husband. On March 24, 2016 Attorney Lewin and KW and her husband appeared in Lawrence District Court and the Judge ordered all the charges dismissed. KW was thrilled with the result and gave Attorney Lewin a big squeeze and a hug outside the Court.