Articles Posted in Domestic Assault Cases

CC, a 42 year old disc jockey, lived with his girl friend in his condo in North Andover. On February 3, 2022 CC and his girlfriend got into an argument. They each accused the other of texting romantically with other people. The girlfriend went nuts. She threw CC’s iPhone off the third floor balcony of the condo . She attacked CC. CC got out his cell phone and began to record his girlfriend which aggravated her even more. Finally the girlfriend called 911. The police arrived. She told them he had strangled her. He got arrested. The next morning he was brought to Lawrence District Court and was ordered held without bail. His lawyer at the time appealed the bail to Superior Court. In the Superior Court he was released to 24 hour lockdown at his home on GPS. Inexplicably, the lawyer originally representing CC at his arraignment and bail hearings never showed the Court the videos that CC had. The lawyer was aware of the videos and had seen them, but he never played them at either of CC’s bail hearings. Had he shown them to the Judges it is very likely that CC would never have been confined to his home for 3 months.CC searched for a new lawyer. CC contacted Attorney Robert Lewin from Andover. Because CC could not leave his house, Attorney Lewin went to CC’s condo in North Andover. CC liked what he saw in Attorney Lewin and retained Attorney Lewin.

Attorney Lewin reviewed the videos that CC had captured on his iPhone. They were terrific. The videos showed the girlfriend attacking CC and he kept telling her to stop and to leave. The videos also captured the girlfriend’s 911 call to the police in which she never says that he strangled her. In court discovery, Attorney Lewin furnished copies of the videos to the DA. The case was set down for trial on May 20, 2022. CC and Attorney Lewin had had two lengthy trial prep sessions in the week leading up to the trial. On May 20, 2022 Attorney Lewin and CC appeared at court ready for trial.  Attorney Lewin informed the Judge that the girlfriend had committed several criminal offenses: Malicious Destruction of Property (smashing CC’s iPhone) and Assault & Battery (striking CC as shown on the video). The Judge appointed a lawyer to advise the girlfriend of her Fifth Amendment right not to incriminate herself. Attorney Lewin showed the court appointed lawyer the videos. Ultimately the girlfriend gave up and refused to testify. The charges against CC were dismissed; the GPS bracelet was removed; and he walked out of the Courthouse a free man.

CC and his family all gave Attorney Lewin a big hug! Trial preparation is critical to winning in criminal court.

On January 30, 2021 HB and her husband BB (40+ year marriage) got into a heated argument at their home in Salisbury. HB had been drinking and she threatened to stab her husband with a knife. BB grabbed a letter opener and threatened to retaliate with the letter opener. The argument moved from the bedroom down into the kitchen where HB grabbed a large kitchen knife and threatened to stab BB. HB (!) then called 911. The police responded. The police seized the two weapons and charged both husband and wife with Assault on a Household Member and the felony charge of Assault with a Dangerous Weapon.

HB and BB sought out a lawyer and contacted Attorney Robert Lewin from Andover. Attorney Lewin explained that it would not be wise for one lawyer to represent both  husband and wife. HB (the wife) retained Attorney Lewin and Attorney Lewin referred BB (the husband) to another experienced criminal lawyer who also practices in Newburyport District Court with whom Attorney Lewin has a good working relationship.

Both HB and BB had made statements to the police that incriminated themselves and each other. Attorney Lewin met with the Assistant District Attorney prosecuting the case and advocated for the DA to agree to dismiss the case.

JP is a 32 year old licensed insurance salesman for a large insurance company in Boston. It is a well paying job that requires that he be licensed by the State Department of Insurance. Any criminal offense on his record could cause him to be ineligible for state licensure and it could cause his employer to fire him. JP lives in Salem, MA with his wife and two children. JP’s mother and step-father had been living in JP’s house for two years. JP and his wife told JP’s mother and step-father that they (the mother and step-father) had to find another place to live as the house was too crowded and relations were getting strained. On May 4, 2021 a loud argument broke out between JP and his mother. The police were called to the house. In the 911 call, all that can be heard is loud yelling (in Portuguese) between a female and a male. The police arrived at the house and the yelling was still going on. The police separate everyone.

The police speak with JP’s mother who says that JP “grabbed both the left and right collars of her jacket and pulled her forward in a violent motion”. She also tells the police that “she then slapped JP back across the face in self-defense”. The police then speak to JP. At first JP told the police that he and his mother had had an argument when his mother slapped him across the face for no reason. When asked, JP denied touching his mother. The police then told JP that his mother had told them that she had slapped JP in self-defense after he had pushed her. According to the police report “JP then immediately related that he was slapped in the face first and then pushed her in defense.” The police mad a determination that JP was “the dominant aggressor” and the police placed JP under arrest for Domestic Assault & Battery”.

JP was arraigned in Salem District Court the next day and his case was continued for a pre-trial hearing to July 19, 2021. JP sought out a lawyer. JP spoke (via zoom) with Attorney Robert Lewin from Andover and JP hired Attorney Lewin to represent him. JP explained to Attorney Lewin that his application for re-licensure had to be submitted in September and that he had to get the case favorably resolved by that time.

In March of 2019, JF, a 47 year old single father of two disabled children living in AZ contacted Attorney Robert Lewin of Andover, MA. JF had eight warrants outstanding – all in Malden District Court. The warrants dated back to 2008 and 2009. As a result of the warrants JF’s right to drive had been suspended by the Massachusetts RMV. That suspension had been entered into the National Driver Register and as a result JF had not been able to renew his AZ license since 2010. JF asked Attorney Lewin to look into the warrants and advise him. Attorney Lewin went to Malden Court and was able to get all the papers from the eight cases. In four of the cases, JF had plead guilty back in 2008 and had 3 suspended sentences hanging over his head: there was a 1 year suspended sentence, a 6 month suspended sentence, and a 3 month suspended sentence. All of the cases were convictions for violating an abuse prevention order. In addition, JF had 4 additional cases – all for violation of an abuse prevention order – on which he had never been arraigned.  [JF’s former wife had obtained an abuse prevention order against JF and JF violated the order 8 times.].

JF was in trouble. He had left the state in violation of his probation; he had failed to report to probation; he did not enroll in or complete the batterers program as ordered; and he continued to violate the abuse prevention order after being placed on probation. His probation officer was still working as a probation officer in 2019; she remembered the case, and she wanted his probation to be revoked and the 1 year suspended sentence to be put into effect. She wanted him to do a year in jail.

The District Attorney’s Office wanted a piece of his skin as well; on the cases on which he had not yet been arraigned they wanted him to do an additional 9 months.

On October 24, 2019, IW, a 47 year old disabled married man from the Dominican Republic, was living in Lawrence with his wife and their 1 1/2 year old daughter. Previously his wife had taken out an abuse prevention order against him. The order was in effect on October 24, 2019 and the order ordered IW not to abuse his wife. The night before October 24, 2019 IW drank a great deal. On the morning of the 24th IW’s wife went to work leaving IW at home with their 1 1/2  year old baby. When IW awoke he was still drunk and he called his wife and told her she better come home from work to take care of the baby. In addition IW told his wife that he was going to throw all her clothes out in the street and that he wanted her out of the house. IW’s wife returned home from work and IW and his wife got into a heated argument. His wife then told IW that she was going to call the police and she did. She told the police that when she told IW she was going to call the police he told her “call the cops and you will see what happens”. After she called the police IW left the apartment. As he was leaving the building the police arrived and detained IW. The police talked to IW and he admitted that he was drunk. The police spoke with his wife and then the police arrested IW and charged him with violating the no abuse order and with witness intimidation (threatening her if she called the police).

On October 24, 2019 IW was brought to Lawrence District Court. He was appointed a lawyer and given a date to return to court. When IW could not reach his court appointed lawyer and when the court appointed lawyer did not return IW’s calls, IW contacted Attorney Robert Lewin from Andover. Attorney Lewin and IW met and IW subsequently retained Attorney Lewin. Attorney Lewin reviewed the police reports with IW and told IW that the Commonwealth would have a very difficult time proving either one of the charges against IW. Attorney Lewin told IW that the evidence was not there to prove either of the charges and that he absolutely should take the case to trial. Attorney Lewin explained to IW that the Commonwealth would not dismiss the case prior to the trial date. Clients have a difficult time accepting the fact that the District Attorney’s Office will NOT dismiss a domestic abuse case prior to the trial date.

On December 12, 2019 IW and Attorney Lewin appeared in Lawrence District Court for IW’s pre-trial hearing. Attorney Lewin approached the Assistant District Attorney about dismissing the case but the Assistant DA said they will not dismiss a domestic abuse case prior to trial. The case was continued for a jury trial to February 3, 2020.

KC is a 39 year old director of IT for a high tech company. He is married with two young children. For about two years KC was having an affair with a 26 year old teacher at the day care center where his children go every day. On Saturday, April 6, 2019 KC told his wife he was going out to a birthday party for a fellow employee. That part was true; what he didn’t tell his wife is that he was meeting his girlfriend after the party. At about 10:00 pm that night KC left the birthday party and went to a local bar in Danvers where he met up with his girlfriend. She had been drinking and she continued to drink. Sometime shortly after midnight KC and the girlfriend left the bar and got into KC’s car. They began to argue and she told him “You are never going to leave your wife.” At that point the girlfriend went crazy and began to punch and hit and scratch KC. KC put his arms up to block the girlfriend’s punches and in the process her nose was struck and began to bleed. She then got out of the car and walked across the street to a fire station where she told the firemen that her boyfriend had beat her up. He left and drove home. Within minutes the police were at his door and KC got arrested for a domestic assault and battery on his girlfriend. Fortunately KC had the presence of mind and the smarts to take pictures of himself and all the scratches that he had on his face and neck from his girlfriend. Unfortunately for KC, his wife was there when the police came and arrested him for assault and battery on his girlfriend. As he was being led off by the police she told him don’t bother coming back home.

KC went to Court the following Monday and was arraigned. He was ordered to have no contact with the girlfriend and to stay away from her. He went to live with a brother.

KC met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin could see right away that she had been the aggressor in this case and that he had acted only in self-defense. Then the phone calls, the texts, and the emails began. The girlfriend was trying to contact KC at least 25 to 30 times each day. As instructed by Attorney Lewin, KC saved every text, email, and voice message that she left. In her texts she threatened him if he did not get back to her. Then the girlfriend contacted KC’s wife (in person, directly) and asked her what was going on with her marriage to KC. KC’s wife told the girlfriend he’s all yours if you want him.

On March 30, 2019 SS, a 30 year old landscaper from Haverhill and his live in girlfriend got into an argument. They had both been drinking and the argument got heated. They live in an apartment building. A neighbor heard the argument and then heard a banging sound and the sound of a body being banged against the wall and then dropping to the floor. The neighbor then heard SS yell “Is this what you f—ing want?”. The neighbor called 911 and the Haverhill Police responded. The girlfriend told the police that SS had slammed her to the ground causing her whole body to hurt. SS told the police that she had attacked him and he simply put his hands up and pushed her away to avoid getting hit by her.

SS had an initial consultation with and hired Attorney Robert Lewin from North Andover. At first SS wanted to work out a plea bargain in the case. Attorney Lewin told SS that his case was a triable case. SS then changed his mind and told Attorney Lewin that he wanted to fight the case. On April 22, 2019 the Haverhill District Court set a trial date of July 9, 2019.

Attorney Lewin met with the girlfriend. Because SS and the girlfriend were not married she did not have a “spousal privilege” which would allow her to refuse to testify. Because there was evidence that the girlfriend had attacked SS the girlfriend did have a Fifth Amendment privilege which would permit her to refuse to testify in the case. The girlfriend told Attorney Lewin that she wished to exercise her Fifth Amendment privilege.

On February 15, 2018, LT, a 55 year old woman from North Andover went to her daughter’s home (also in North Andover) and got into an argument with her 22 year old daughter. The daughter was holding her 1 year old baby and, according to the North Andover Police report, LT “punched [the daughter] on the right side of her face with a closed fist while she was still holding the baby”. The police left the daughter’s home and went to LT’s home and then spoke with LT. LT denied punching her daughter but did admit to pushing her daughter. LT claimed that her daughter had pushed her and had caused a bruise on LT’s face. The police arrested LT.

The next day, February 16, 2018 LT was arraigned in Lawrence District Court. She was ordered released on personal recognizance and her case was continued to April 26, 2018 for a pre-trial hearing. LT met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin explained to LT that the District Attorney’s Office would not simply dismiss the case because LT was a nice lady with no record. Attorney Lewin met with the Assistant District Attorney and explored the possibility of a general continuance of the case. A general continuance is where the parties agree to simply continue the case for a period of time and at the end of the period of time if there have been no further problems the case gets dismissed. With a general continuance there is no admission of guilt or wrongdoing; it is NOT a plea bargain as there is no guilty plea.

On April 26, 2o18 the case was called in Court for a pre-trial hearing. The DA’s Office was unwilling to commit to a general continuance. The case was then continued for a trial by jury to May 30, 2018.

On Saturday, October 6, 2018, ST, a 54 year old father of two children was at his home in Chelmsford. ST and his 17 year old son got into an argument and the son claimed that his father had grabbed the son by the throat. ST’s daughter called 911 and the police came to the house and arrested ST. ST’s wife was present as well. On Sunday, ST contacted Attorney Robert Lewin from North Andover. After speaking with Attorney Lewin ST retained Attorney Lewin. On Tuesday, October 9, 2018 ST and Attorney Lewin appeared in Lowell District Court for ST’s arraignment. Attorney Lewin secured ST’s release on personal recognizance and the case was continued to November 8, 2018 for a pre-trial hearing. Attorney Lewin spoke with ST’s wife and son. Attorney Lewin was able to obtain written statements from ST’s wife that ST’s son had actually struck ST prior to ST’s pushing the son away. In addition ST’s son signed a statement saying that he (the son) had touched the father first.

Attorney Lewin explained to ST that the DA’s Office would not agree to dismiss the case at the pre-trial hearing but that the case would have to be set down for trial. Attorney Lewin provided the written statements by the wife and son to the District Attorney. On November 8, 2018 ST and Attorney Lewin appeared at Lowell District Court for the pre-trial hearing. The DA offered a general continuance of the case coupled with a dismissal. A general continuance is where the case is continued to another date (typically 6 months) and at the end of that period of time the case gets dismissed. A general continuance is typically a good result because there is no admission of guilt and there is no finding of guilt. It is a dismissal that takes a little time to get there. Attorney Lewin (and ST) felt strongly that the case could be outright won if taken to trial. ST turned down the offer of a general continuance and the case was set down for trial on December 3, 2018.

On Monday, December 3, 2018 ST and Attorney Lewin appeared in Lowell District Court in the Trial Session. The case was called and Attorney Lewin answered that the Defense was present and ready for trial. The DA stood up and said that they were not ready. Attorney Lewin moved that the case be dismissed. The Judge presiding in the Courtroom granted Attorney Lewin’s Motion and ordered the case dismissed.

On May 20, 2018 NU, a 31 year old pest control worker, was arrested in Andover for assaulting his sister by alleging throwing her to the ground during an alcohol fueled argument. The was his third arrest for assault and battery in the last two years. Attorney Robert Lewin from North Andover had represented NU in the first two cases. One ended in a finding of not guilty and the second was dismissed. NU again consulted with and retained Attorney Lewin to represent him in this case. It was NU’s claim that his sister in an unprovoked attack had sucker punched NU in the mouth cutting his lip open and that in self-defense he had pushed her away from him. The sister called 911 and NU was arrested and charged.

The sister admitted to the police that she had punched NU in the mouth but she told the police that she had done that to defend herself. It was very apparent to Attorney Lewin that the sister had a valid Fifth Amendment claim not to testify – if she wanted to exercise it. Attorney Lewin advised NU that NU had every right to apply for a criminal complaint against his sister to level the playing field. NU did not want to press a criminal charge against his sister; however, the sister was informed that she herself had exposure to a charge being brought against her and  that she had a right not to testify against her brother.

On June 25, 2018 NU and Attorney Lewin appeared in Lawrence District Court for a pre-trial hearing. Attorney Lewin explained to the DA that the sister had a valid Fifth Amendment claim and would probably exercise the claim. As is their usual custom the DA refused to dismiss the case at the pre-trial hearing. The case was continued for trial to Tuesday, August 21, 2018.

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