Drug Charges

December 10, 2023

OUI Drugs Dismissed

On September 12, 2023, BY, a Registered Nurse, was driving to a nursing assignment. She was extremely tired and pulled to the side of the highway behind a State Trooper. The Trooper went back to her car to investigate. Several other motorists pulled over and told the trooper that BY had been all over the highway, at time going completely off the roadway and then lurching back on. The Trooper had her exit the car and had her perform several field sobriety tests. She did poorly on the tests almost falling over. The Trooper placed her under arrest for Negligent Operation.

There was no odor of alcohol coming from her and there was no evidence of alcohol in the vehicle. During an inventory search of the vehicle the Trooper found a bottle of Morphine, a bottle of Haloperidol, and a bottle of Lorazepam (all controlled substances) in BY’s vehicle.. The Morphine and the Haloperidol were in prescription bottles that bore the name of a deceased patient. The Lorazepam was in a prescription bottle that bore BY’s name. The Trooper then added the charges of Operating Under the Influencer of Drugs and Unlawful Possession of Drugs.

The police filed a Notice of Immediate Threat with the RMV. The RMV immediately suspended BY’s Driver License.

July 24, 2022

Drug Trafficking Charge Favorably Resolved

by Robert D. Lewin

On March 3, 2018, SS, a then NH resident was arrested by the Methuen Police after they observed SS engage in a drug transaction. At the time of his arrest SS had 22.8 grams of fentanyl and 7.3 grams of crack cocaine on his person. He was charged with Trafficking Fentanyl (more than 10 grams) and Possession of Class B (the crack cocaine). The trafficking charge carried a state prison sentence of up to 20 years. The Lawrence District Court appointed a lawyer to represent SS. The DA’s Office did not want to take the case to Superior Court so the DA reduced the Trafficking charge to Possession with Intent to Distribute. SS insisted the drugs were for his own personal use. The DA would not agree to reduce the charge. SS went on the run for three years; however, he made good use of the three years. SS moved to Florida and went into a residential drug treatment program. He spent one full year in the program and came out of the program completely drug free. And he got himself a good job. In September 2021, SS returned to court. The warrant against him was recalled and he proceeded ahead with the court appointed lawyer. The DA would not agree to reduce the fentanyl charge to simple possession. The case lingered in court.

Finally in June of 2022, SS met with (via zoom) and retained Attorney Robert Lewin from Andover.

Attorney Lewin explained to SS that he had two choices: (1) He could take the case to trial or (2) He could plead guilty. Attorney explained that if SS went to trial, SS would clearly be found guilty of Possession of Fentanyl and Possession of the Crack Cocaine. Attorney Lewin felt that the chances were good that SS would not be found guilty of the “intent to distribute” portion of the charge. If he went to trial he would have to live with convictions on the two possession charges. Attorney Lewin further explained to SS that if SS pleaded to the two charges there was a good chance that the two charges could be “continued without a finding” and then dismissed. SS chose to plead to the two charges.

May 18, 2022

Possession of Heroin -NO Complaint Issued

by Robert D. Lewin

On February 17, 2022, AZ (not the person’s real initials), a 29 year old carpenter foreman for a large construction company, drove to Andover to purchase heroin. He drove to the parking lot of a popular business off Route 93 – a parking lot that is well known to the Andover PD and the State Police as a place where drug transactions are often completed. AZ, then having spoken to his supplier on the phone, drove to a large apartment complex (in Andover) and purchased a small quantity of heroin. AZ then returned to the parking lot (!) and prepared to ingest (by snorting). A plain clothes police officer observed all of AZ’s comings and goings. The officer had actually followed AZ from the parking lot to the apartment complex and then back to the parking lot. The officer then approached the passenger side and looked in (NOT illegal). The Officer saw AZ looking down at his knees. The police report reads: “I observed in plain view, AZ holding a small cut orange straw and had a clear hard plastic object on his lap area that held a visible line of tan powder”. The police had conversation with AZ, seized the drugs, but sent AZ on his way and told him he would receive paperwork to go to court. Shortly thereafter, unbeknownst to AZ, the DEA came in and arrested AZ’s supplier at the apartment complex.

AZ had a prior arrest for Possession of Heroin in NH and could not afford a conviction here in MA.

AZ consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained to AZ that Attorney Lewin would take care of the case and that it was AZ’s job to get off the Heroin. AZ sought out a counselor for depression and went cold turkey getting off the Heroin. Attorney Lewin advocated on AZ’s behalf with the Andover PD.

November 4, 2019

Possession of Cocaine Case DIVERTED OUT in Lawrence District Court. NO Criminal Record Created

by Robert D. Lewin

On January 18, 2019 at about 6:30 pm JN, a 32 year old HVAC Technician from Londonderry, NH came down to Lawrence with a friend to buy cocaine. Little did they know that they were being watched by the North Shore Gang Unit doing surveillance in Lawrence. After watching JN and his friend make a hand to hand purchase of drugs, the police pulled JN’s vehicle over. The two men were ordered out of JN’s vehicle and a pat down of JN yielded plastic twists of cocaine in JN’s pocket.

JN and his friend got lucky. The police did not arrest them, but rather told them that they would receive a notice to go to court. Six months later (!) in July 2019 JN received a Notice of Magistrate’s Hearing. The police had filed an application for a criminal complaint for Possession of Class B against JN. The case had a hearing date of August 1, 2019.

JN met with and then hired Attorney Robert Lewin from North Andover. JN and Attorney Lewin thoroughly discussed the case. There were many issues not the least of which was the legality of the stop of JN’s vehicle and the search of JN by the police.

April 18, 2019

POSSESSION OF COCAINE CASE DIVERTED

by Robert D. Lewin

On March 15, 2019, LN, a 35 year old woman from Plaistow, NH, drove to Haverhill, MA and parked outside a house in Haverhill. Shortly thereafter a man came out of the house and went over to LN’s car and sold LN a small amount of cocaine for $30.00. Unfortunately for LN (and the man), undercover plain clothes officers had the man and his house under surveillance for drug distribution. The police stopped LN and seized the cocaine from her. She was subsequently summonsed to Haverhill District Court charged with Possession of Cocaine and Conspiracy to Violate the Drug Law. LN’s arraignment was scheduled for April 18, 2019. LN consulted with and retained Attorney Robert Lewin from North Andover in the evening of April 15, 2019 (three days before her court date). Attorney Lewin immediately went to Haverhill District Court the next morning and obtained copies of all the relevant court papers and the police report.

Essex County has a Drug Diversion Program. The purpose of the program is to take persons accused with a drug offense and give them an opportunity to avoid prosecution and get their cases dismissed provided they comply with a treatment program and remain free of drugs, alcohol, and marijuana. One of the considerations in determining an offender’s eligibility is the existence or non-existence of any criminal record. This was a problem for LN as she had two felony welfare fraud convictions; one in Florida and one in New Hampshire. Attorney Lewin met with the Assistant District Attorney and discussed the case with an eye toward getting the case diverted out of the criminal justice system. Attorney Lewin also spoke with the director of the Drug Diversion Program and she felt that LN’s case was a good case for diversion, notwithstanding her two out of state convictions. On April 18, 2019 LN and Attorney Lewin appeared in Haverhill District Court for LN’s arraignment.

Attorney Lewin explained to the Judge that an agreement had been reached for LN’s case to be diverted. The Judge then approved diversion of the case. As a result, the prosecution of the two criminal charges against LN was put on hold. LN has been referred to the Diversion Program. The program will last six months and LN must comply with the following conditions:

January 29, 2019

POSSESSION OF HEROIN THIRD OFFENSE – DEFERRED DISMISSAL

by Robert D. Lewin

On December 6, 2018, KI, a 27 year old store manager, hailed a ride in an UBER. KI feltsick and told the driver to pull over. KI exited the car and began to violently throw up outside the car. A police officer passed by and stopped. The officer approached KI and for safety purposes was about to pat KI down when the officer asked KI if he had anything that the officer should be concerned about. KI said that he had a needle in his pocket. The officer asked KI if he had any drugs and KI said yes that he had heroin. The officers removed the needle and a search of KI’s pockets yielded multiple small bags of heroin. The police arrested KI and charged him with possession of heroin. KI was bailed out and given an arraignment date of December 14, 2018. KI appeared in Dudley District Court on December 14, 2018 and was arraigned and his case was continued to January 25, 2019 for a pre-trial hearing.

KI was concerned as this was his third arrest for Possession of Heroin. KI and his family contacted, met with, and retained Attorney Robert Lewin from North Andover to handle this case in Dudley District Court. Attorney Lewin had represented KI in his second case which had been in Lawrence District Court. Attorney Lewin had been successful in getting the second case dismissed with no admission of guilt or wrongdoing. In this case Attorney Lewin reached out to the District Attorney’s Office. Attorney Lewin explained to the Assistant District Attorney that KI had entered and completed an in-patient detox program and was currently in an outpatient treatment program. On January 25, 2019 HE and his father and Attorney Lewin appeared in Dudley District Court. Attorney Lewin was successful in getting the DA’s Office to agree to a disposition of pre-trial probation for six months to July 22, 2019. With pre-trial probation there is NO admission of guilt or wrongdoing. The case – by agreement – is simply left open for a period of time and then dismissed.

KI was greatly relieved. He feared that the Judge would send him to jail because it was his third offense. The fact that KI had gone into treatment and was continuing in treatment was a great help in getting such a favorable result (for the second time). Good communication between Attorney Lewin and the District Attorney was also very helpful as well.

August 15, 2018

Second Offense Heroin Charge Dismissed in Lawrence District Court

by Robert D. Lewin

On November 28, 2017 JH, a 27 year old Assistant Manager at a sports equipment store, was observed sitting in his car in a mall parking lot injecting himself with heroin. The police arrived at JH’s car and removed JH from the car along with a bag of heroin. In 2013 JH had a prior Possession of Heroin case. JH was charged with Possession of Heroin and was summonsed to appear in Lawrence District Court. JH met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin explained to JH that Lawrence was a very treatment oriented court and that if JH was willing to get into treatment (outpatient) that there was a good chance the case could be dismissed.

On February 15, 2018 JH and Attorney Lewin appeared in Lawrence District Court for JH’s arraignment. Prior to the arraignment Attorney Lewin had spoken with an Assistant District Attorney about the case. The Assistant DA was concerned about the fact that JH had a prior heroin possession case. Attorney Lewin stressed to the DA that JH was committed to his treatment program and to remaining drug free. At the arraignment on February 15, 2018 the DA agreed to continue the case for six months and to dismiss the case if JH stayed out of trouble and remained in outpatient drug treatment. On August 15, 2018, JH having successfully remained in treatment, the case was ordered dismissed.

JH is to be commended. He is working hard to overcome his addiction to opiates. Even though his court case has been dismissed he remains in treatment and he remains drug free. Because Attorney Lewin took the time to meet with the Assistant DA prior to the arraignment JH was able to get a favorable resolution of the case on the arraignment date.

July 16, 2018

Heroin Charge Dismissed in Lawrence District Court

by Robert D. Lewin

In August of 2014 MD, a 48 year old woman from NH, was a passenger in a car with NH plates that was being observed by under cover cops in Lawrence. The police observed the car being driven in an area which the police said was a high crime area – specifically for sales of heroin. The car stopped and a woman approached and was let into the car. The car drove around the block and then the woman was let out. The police believed that a drug transaction had taken place in the car and pulled the car over. A subsequent search of the car and MD’s pocketbook revealed packets of heroin and straws. Both MD and the woman driving the car were arrested and charged with possession of heroin. MD went to Lawrence District Court and was appointed a public defender. Eventually MD entered the Essex County Drug Diversion Program. As part of the program MD was subject to random drug testing. MD failed to appear for several of her drug tests and then tested positive. MD was sent a notice that she was being terminated from the Drug Diversion Program and she was ordered to appear in Court. MD failed to appear in Court and a warrant was issued for her arrest.

MD is not a citizen; she was born in Portugal and is a resident alien subject to deportation for a drug conviction. MD contacted Attorney Robert Lewin from North Andover. MD met with Attorney Lewin. Attorney Lewin reviewed the police reports and he reviewed the facts closely with MD and was convinced that the stop of the car and the search of the car that followed were illegal. Attorney Lewin told MD that a Motion to Suppress the Evidence should be filed. MD retained Attorney Lewin. On April 9, 2018 Attorney Lewin brought MD into Lawrence District Court; the warrant was cancelled and the MD was released and the case was continued to June 6, 2018 for the filing of a Motion to Suppress the Evidence. Attorney Lewin filed the Motion to Suppress and on June 6, 2018 the Judge continued the case for a hearing on the Motion to July 11, 2018. On July 11, 2018 Attorney Lewin and MD appeared at Lawrence District Court ready for a hearing on the Motion to Suppress. Attorney Lewin had filed a lengthy Memorandum of Law setting out precisely why the police search was unlawful.

At 10:00 AM the case was called and Attorney Lewin answered that the Defense was ready for the Hearing on the Motion to Suppress. The Assistant District Attorney announced that after reviewing the Motion and the facts of the case that Attorney Lewin was correct and the evidence should be suppressed. The Assistant District Attorney then asked the Judge to dismiss the case. The Judge looked over at Attorney Lewin; Attorney Lewin responded with a smile – “The Defense has no objection to the case being dismissed”. The Judge then ordered the case dismissed and MD walked out of the Courtroom a free woman. Once outside the Courtroom MD gave Attorney Lewin a very big hug and a kiss and thanked him profusely. It doesn’t get much better.

January 1, 2018

Drug Charge At Logan Airport Dismissed Prior To Arraignment

by Robert D. Lewin

On August 1, 2017 TX, a 35 year old technology service coordinator for a school district in California, was stopped at Logan Airport after a search of his luggage revealed 5 MDMA pills. TX had just arrived from Lisbon, Portugal and was due to catch another plane to his home state of California. TX caught break after break. The Federal Authorities said they would not prosecute the case and turned it over to the State Police. The State Trooper who arrived on the scene asked TX if he wanted to go to jail. TX answered “No”. The Trooper then asked TX if he wanted to get arrested. Again TX answered “No”. The State Trooper then told TX to “expect a summons”. On August 24, 2017 the East Boston Municipal Court issued a summons for TX to appear for an arraignment on October 26, 2017 on a charge of Possession of a Class C substance.

TX contacted Attorney Robert Lewin from North Andover via phone. Attorney Lewin conducted an initial client interview/consultation with TX over the phone. The consult took about 1 1/2 hours. TX then retained Attorney Lewin.

Attorney Lewin obtained the police reports and reviewed them with TX. Attorney Lewin then contacted the Assistant District Attorney at the East Boston Municipal Court. Attorney Lewin was able to detail for the Assistant District Attorney all of the good points in TX’s background: TX’s lack of criminal record, good education, good employment, etc. Attorney Lewin and TX were concerned that having a drug charge on TX’s record would cause TX to lose his job in the school district where he worked. (Zero Tolerance Policy) Attorney Lewin understood that if the arraignment did not take place then no criminal record would be created. It is the taking place of an arraignment that creates a criminal record. Attorney Lewin suggested to the Assistant District Attorney a pre-arraignment disposition of the case.

January 1, 2018

Drug Dealer from Maine Gets a Break in Newburyport District Court

by Robert D. Lewin

On November 15, 2017, SS, a 33 year old entrepreneur from Maine, was driving from Maine to New York City to catch a plane to South America to attend a wedding. While on Route 495 South he got pulled over for a marked lane violation. One thing lead to another and during a search of SS’s vehicle the police found a digital scale, 3 pounds of marijuana, 10 grams of mushrooms, 15 grams of THC extract packaged and marked for distribution, and Xanax. In addition SS had $1,000 in US Currency.

SS was arrested and brought to Newburyport District Court where he was charged with the following offenses:

Possession of Class C with Intent to Distibute (The THC Extract)(A Felony)