Articles Posted in Dismissal

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.)

On Friday, August 21, 2020 two 18 year old twins got caught shoplifting at Walmart in Tewksbury. The police were called to the store and the twins were arrested. They were bailed from the Tewksbury Police station and told to appear in Lowell District Court on Monday, August 24, 2020. Over that weekend the twins met with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained that the twins would qualify for the Middlesex County District Attorney’s Young Adult diversion program. The program essentially allows young adults to avoid prosecution for certain criminal offenses.

Over that weekend Attorney Lewin prepared a Motion to Divert the cases out of the criminal court system. On Monday, August 24, 2020 the twins and Attorney Lewin appeared in Lowell District Court. At Attorney Lewin’s request neither girl was arraigned. This is important because it is the taking place of the arraignment that creates a criminal record. Instead the cases were referred to the diversion program and the cases were continued to October 8, 2020 to see if the Diversion Program would accept the twins.  On October 8, 2020 everyone appeared virtually (the twins had gone off to college and were away from Lowell) and the Assistant District Attorney and Attorney Lewin reported to the Judge that the twins had been accepted into the Diversion Program. On October 8, 2020 the arraignment again did not take place and the cases were continued until April 5, 2021 to allow the twins to complete the diversion program.

The twins successfully completed the diversion program. On April 5, 2021 the twins and Attorney Lewin appeared virtually one last time before the Court. The Assistant District Attorney and Attorney Lewin reported to the Judge that both young women had successfully completed the Diversion Program. The Judge then ordered both cases DISMISSED, prior to arraignment. Attorney Lewin explained to the two young women that because the cases were dismissed prior to any arraignment taking place the following took place:

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.

On January 26, 2020, EG, an 18 year old female high school senior, went to an under 21 night club in Cambridge with two girlfriends. EG had never been there before. At about 1:30 am as EG and her two girlfriends were leaving the club, a twenty year old female who had also been at the club was attacked by three girls who had been at the club. The attack was vicious. The victim’s jewelry was ripped from her body; her iphone was stolen; and a wig that she wears because of a medical condition was ripped off her head. Two of the three girls were identified by a witness who knew them. The third attacker was not identified. As the result of certain text messages sent from EG’s phone, EG was asked to go to the Cambridge Police Station. EG went and met with the police and gave a recorded interview that lasted over an hour. EG steadfastly denied taking place in the attack. Nevertheless, she was charged with being the third attacker. EG was totally innocent and had not participated in the attack in any way. EG was charged with unarmed robbery – a felony punishable by up to life in prison. EG had already been accepted to a prestigious college and needless to say this charge could have derailed her plans for college.

EG and her Mother sought out an attorney. EG and her Mother met with Attorney Robert Lewin of Andover. Due to the coronavirus they met via FaceTime. The initial interview took over two hours. Attorney Lewin explained the seriousness of the charge and what needed to be done to properly prepare and investigate the case. EG and her mother retained Attorney Lewin.

Attorney Lewin sent his investigator out to speak with the two women who had been with EG that night. They both gave statements to the investigator that exonerated EG. They both told the investigator that they and EG left the club together; that they saw the fight taking place; that none of them – including EG – had anything to do with the fight; that they then left the area of the club and went home. One of the girls also told the investigator that her cell phone had died and that she used EG’s cell phone to send the text messages that the police found concerning.

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