Articles Posted in Drug Charges

On February 19, 2011 PL was arrested in Reading, MA and charged with Possession Class A, Possession Class B (two counts), and Possession of Class C. He was arraigned in Woburn District Court and his cases were continued. PL retained Attorney Robert Lewin.The night before he was to return to Court PL was arrested again in Reading and charged with Possession Class A, Possession Class B (two counts) and Possession Class C. PL’s family immediately had PL admitted to an in-patient detox facility. Chapter 111E of the Massachusetts General Laws allows a judge to stay (put on hold) the criminal proceedings against a person who is charged with a drug possession offense if that person is a drug addict or a drug dependent person who would benefit from treatment. PL wanted help for his drug dependency. Attorney Lewin filed Motions to Stay the Proceedings in both of PL’s cases. PL spent 30 days in an in-patient program, followed by two months in a “day-program”, followed by 15 months of weekly counseling which included 3-4 AA/NA meetings per week. PL has been drug and alcohol free since the night of his second arrest on April 18, 2012. PL’s cases were stayed for a total of 18 months. On September 26, 2012 PL and Attorney Lewin appeared in Woburn District Court. Attorney Lewin had reports from all of PL’s treatment providers and furnished to the Court. PL is clean of drugs, is working full-time, is supporting his wife and children. Pursuant to Chapter 111E the Judge, at the request of Attorney Lewin, ordered all the charges against PL dismissed. Attorney Lewin was extremely proud of PL and congratulated him for taking charge of his life and “earning” the dismissal of the criminal charges.

In 1989 SFC, a Dominican national, was arrested and charged with Distribution of a Class C Drug and Conspiracy to Violate the Controlled Substance Act in Malden Court. He appeared in Court several times and then went on the run. A warrant for his arrest was issued and remained open for over two decades. In 2012, SFC having remained in the US was married and had three children and wanted to become a citizen. He had to clear up the warrant and get the case resolved. SFC retained Attorney Robert Lewin of Lewin & Lewin. Attorney Lewin went to Malden Court and contacted the Malden Police. Unfortunately for SFC after 23 years the arresting officer and the back-up officer were still on the police department and the drugs (which SFC had allegedly sold to an undercover officer) were still in the evidence locker! Attorney Lewin was able to marshal a great deal of evidence that SFC had lead a crime free life since and that he had become a productive citizen. After several weeks of negotiation the District Attorney’s Office agreed to dismiss the charges against SFC upon the payment of $1,000 in Court costs. On April 23, 2012, SFC and Attorney Robert Lewin appeared in Malden District Court. Judge Johnson, a tough Judge who does not like these cases of people who are on the run for years, went along with the agreement that had been worked out between Attorney Lewin and the DA’s Office and ordered the case dismissed. With the dismissal of these criminal charges SFC is now in a position to proceed with an application for citizenship.

A Judge in Woburn District Court orders drugs seized during a motor vehicle stop suppressed. MD, a 22 year old woman was on probation in Salem District Court for possession of heroin, cocaine, and class E drugs. While on probation she got pulled over by the Reading Police; a search of her pocket book yielded numerous packets of heroin and several implements for drug use. She was faced with two cases: (1) the new drug possession case brought by the Reading Police in Woburn District Court and (2) a probation revocation proceeding brought by her probation officer in Salem District Court. MD retained Attorney Robert Lewin to handle both cases. The facts leading to the stop of MD’s car were as follows. A Reading Police Officer was on patrol in an area of Reading where there had been reports of suspicious activity at a house on a particular street. The Officer testified that he had received reports of numerous cars coming and going at a house on a named street. One night at about 10:00 PM the officer observed a black sedan exiting the street. He followed the sedan. The driver (MD) drove slowly and appeared to the officer to be driving “too carefully” so as to avoid being stopped. The officer ran the license plate and was able to determine that the owner of the car was a young woman with an open drug case in Salem District Court. He testified that he observed the woman who was driving stuffing what appeared to be a plastic bag into her purse on the front seat of the car. Based on those facts he pulled her over and searched her purse and discovered heroin. Before an officer can lawfully stop of motor vehicle the officer must have “a reasonable suspicion based upon articulable facts that (the operator) has committed, is committing, or is about to commit a crime”. “A mere hunch is NOT enough” to justify a stop of a motor vehicle. Attorney Lewin filed a Motion to Suppress the evidence discovered by the officer following the stop of the motor vehicle. The Judge in Woburn District Court conducted a full evidentiary hearing at which the Officer and MD testified. After the hearing the Judge wrote a decision in which he ruled that the officer had a hunch, but not a reasonable suspicion. On February 8, 2012 the Judge allowed Attorney Lewin’s Motion to Suppress the drugs. The case is next scheduled for February 29, 2012 at which time the District Attorney’s Office must decide whether to appeal the Judge’s decision or allow the case to be dismissed. In the meantime MD and Attorney Lewin went over to Salem District Court to address the probation revocation proceeding. Attorney Lewin got MD into a drug treatment program (and she is doing well) and the notice of probation surrender in Salem District Court was withdrawn.

AK, a 22 year old woman, was driving home from a bar when she lost control of her car and her car smashed into a fire hydrant on the side of the road in Dorchester. The Boston Police responded to the scene and assisted her. No field sobriety tests were administered to her. The State Police also responded to the scene. It was determined that her car would have to be towed from the scene and the State police conducted a routine inventory search of the car before it was towed. In the car the State Trooper found a prescription bottle in the name of someone other than AK. The prescription bottle was dated 2003 and the bottle contained 19 Ritalin pills and 1 Vyvanse pill. The State Trooper cited AK for 2 counts of Possession of a Class E Controlled Substance. AK contacted Attorney Robert Lewin; Attorney Lewin instructed AK to immediately (i.e., that day) go to Dorchester District Court and request a clerk-magistrate hearing. The purpose of requesting a hearing is to try to prevent a criminal complaint from issuing against AK. AK requested a hearing and a hearing was set up. In preparation for the hearing it was learned that the pills belonged to AK’s boss who had been in AK’s car in the several days before the accident. AK’s boss’s car was in the shop getting repaired and AK had been driving her boss around. The boss used that particular prescription bottle to carry a supply of her prescription medication. The bottle had apparently fallen out of the boss’s purse and when AK found it on the floor of the car AK put the bottle in her own purse to return it to her boss the following day. In preparation for the hearing Attorney Lewin with the help of AK and her boss brought the following evidence to Dorchester District Court for the hearing: (1) A work order and bill from the repair shop to prove that the boss’s car was in the shop; (2) A letter from the boss’s doctor stating that the Doctor had prescribed the medications that were found; (3) The boss’s written prescriptions from the pharmacy to show that the pills had been obtained pursuant to a valid prescription. Attorney Lewin met with AK and her boss and fully prepared them to testify at the hearing. On February 9, 2012 Attorney Lewin, AK, and her boss appeared at Dorchester District Court. At the hearing the Clerk-Magistrate DENIED the application of the State Police for a criminal complaint against AK. This was a significant win for AK. She is a student at a prestigious college in Boston and could not afford to have a criminal record for a drug case. By getting a clerk-magistrate hearing we were able to avoid having a criminal complaint issue against AK and she has NO criminal record.

On December 22, 2011 EO drove from his home in Woburn to the parking lot of the Chateau restaurant off Route 93 in Andover. He waited. Shortly after his arrival a vehicle with New Hampshire plates pulled in. A woman exited the vehicle with NH plates and she got into EO’s vehicle. All this was happening under the watchful eye of an undercover State Trooper who was sitting in an unmarked car in the same parking lot. It appeared to the officer as if an exchange of some type was taking place in EO’s car. After a while the woman got out of EO’s car and headed back to her car. The undercover trooper went over to EO’s car and told EO to stay put. The trooper then went over to the woman’s car; according to the trooper she admitted selling 90 percocette pills to EO. The trooper arrested her. The trooper then went over to EO and asked EO if EO had anything the trooper should know about. EO handed the trooper a plastic bag with the 90 percocette pills. EO said the pills were for his own use; the Trooper said tell it to the judge and arrested EO and charged him with Possession of Class B with intent to distribute. This is a felony and a conviction carries a three year loss of license. EO retained Attorney Robert Lewin. EO insisted the pills were for his own use and that he was not a dealer. The history that EO presented is very common. EO had been employed by the public works department of a small town north of Boston. In 2005 he fell down a 30 foot manhole fracturing his leg. He had surgery on his leg and a rod was implanted with screws. When he was discharged from the hospital he was given a prescription for percocette – a highly addictive pain medication. In 2010 he developed an infection around the surgical location and a second operation was conducted. For the pain he was again prescribed percocette. He became addicted to the percocette and bought them in bulk from a drug dealer (the woman). Attorney Lewin obtained the following pieces of evidence and presented them to the Assistant District Attorney in an effort to get the DA’s Office to reduce the charge from Possession with Intent To Distribute to Simple Possession: (1) A color photo taken in 2005 of the open manhole into which the EO had fallen; (2) the fire department report from the day of the accident of the rescue of EO from the manhole; (3) the ambulance report showing that EO had been brought to the hospital; (4) the surgical report from Mass. General Hospital detailing the implant of the rod and screws into EO’s leg; (5) an x-ray showing the rod and screws in EO’s leg; (6) the discharge summary from the hospital showing the prescription for percocette; (7) the hospital reports from 2010 showing the second surgery and the re-prescribing of percocette. Attorney Lewin presented all this evidence to the Assistant DA. The Assistant DA was convinced that EO was not a drug dealer and that these pills were for EO’s personal use in controlling his pain. The DA dropped the “intent to distribute” charge. On February 8, 2012 EO and Attorney Lewin appeared in Lawrence District Court and the Judge took the reduced charge of simple possession and continued it without a finding for one year. If EO stays out of trouble for the one year the case will be dismissed and then the record can be sealed. As a result there is no conviction and no loss of license and in one year EO’s record will be wiped clean.

DA, a 36 year old iron-worker, made a sale of 4 perc 30s (Oxycodone) pills to two undercover police and was immediately busted. DA had a prior record consisting of 2 DUI cases, 2 assault and battery by dangerous weapon cases, and a prior possession of class D with intent to distribute case. A conviction for this new offense would have caused DA’s motor vehicle license to be revoked for 3 years with the right to apply for a hardship only after 18 months. DA wanted two things: no jail and no loss of license. A guilty finding, even coupled with probation, would have mandated the three year loss of license. DA retained Attorney Robert Lewin to represent him in Lowell District Court. Attorney Lewin contacted the police and the District Attorney. DA had two children he helped to support and was temporarily laid off. DA had no interest in “rolling over” or giving up his supplier. After much negotiation Attorney Lewin was able to convince the District Attorney that DA’s case was an appropriate case to continue without a finding. On January 25, 2012 DA and Attorney Lewin appeared in Lowell District Court. The judge ordered the case continued without a finding for two years. In addition, the police had seized cash and a cell phone at the time of DA’s arrest. We were successful in obtaining a return of DA’s cell phone and one-half the cash. DA left the court a happy man. By getting the case continued without a finding DA did not lose his driver’s license and he did not get a conviction on his criminal record.

JP, a 25 year old construction worker from Woburn, occasionally deals in weed. One day he got up to go to work. He left the house and worked at his construction job until noon. He then returned home for lunch and discovered that his house had been broken into and his two safes had been stolen. JP then did what any bright drug dealer would do – he called the Woburn PD to report the break. The police responded and JP invited them into the house. The police took note of the evidence of the break but then in “plain view” also noticed baggies, scales, seeds, cuff notes, and the aroma of fresh marijhuana. The police asked JP where the weed was and he opened a drawer and produced two bags full of weed. The police report noted that JP said “I can’t believe they broke in and didn’t steal the weed!”. The police did not arrest JP but rather filed an application for criminal complaint against him at Woburn District Court for possession of class D (marijhuana) with intent to distribute. JP had a prior drug conviction. JP retained Attorney Robert Lewin. It took about 14 months for the hearing before the Assistant Clerk-Magistrate to get scheduled. On September 19, 2011 JP and Attorney Lewin appeared at Woburn District Court for the hearing. Attorney Lewin argued that this would be an appropriate case not to issue a criminal complaint but rather to resolve the case at the Clerk’s hearing with no further criminal proceedings. The police prosecutor agreed with Attorney Lewin’s suggestion and the Assistant Clerk-Magistrate ordered that the hearing would be continued for one year and if JP were in no further trouble then the application would be dismissed. As a result of this disposition JP was not charged, he did not have to go to court in front of a judge, no entry was made on his criminal record, and he did not face the mandatory 2 year loss of driver’s license. (Massachusetts Law requires a mandatory loss of driver’s license for ANY drug conviction – even if no car was involved.) As an Assistant District Attorney, Attorney Robert Lewin had been the chief prosecutor at the Woburn District Court for one year. Since leaving the District Attorney’s Office in 1975 Attorney Lewin has been appearing in Woburn Court almost every week. He is well known, well liked, and well respected by the Judges, the Clerks, the police prosecutors and the Assistant District Attorneys in that court. JP felt his situation was hopeless and was not going to attend the Clerk-Magistrate’s hearing but rather just wait for the criminal complaint to issue. Attorney Lewin told him there is always a chance to favorably resolve the case at the Clerk’s Hearing and that is precisely what happened.

AO, a 22 year old entrepreneur, was on probation for possession with intent to distribute marijuana. With three months left on his two year probation, AO helped a college friend move from one apartment to another. AO used his car to help shuttle the friend’s boxes and suitcases from the old apartment to the new apartment. After the last trip, the friend took his remaining belongings from AO’s trunk, thanked AO for the help and went on his way. Or so AO thought. AO ran some errands and was heading back to his house in Watertown. When he was just 3 blocks from his home in Watertown, a State Police officer pulled him over for speeding. The State Police officer believed that he smelled the odor of burnt marijuana from within the vehicle and ordered AO to get out of the car. The State Trooper searched the car and then the trunk. There was a cardboard box mixed with some of AO’s belongings in the trunk. AO’s friend had left the box in the trunk. The State Trooper asked what was in the box and AO explained that the box was not his. The State Trooper was undeterred and opened the box. The box contained two pounds of high quality marijuana. The State Trooper filed an application for criminal complaint charging AO with possession with intent to distribute marijuana. Because AO was already on probation for the same thing, he faced not only two years on the new charge but also revocation of his probation and a jail sentence up to two years in the old case. In June 2011, AO was summoned to the Waltham District Court for a show cause hearing (sometimes called a Clerk-Magistrate’s Hearing) before a Clerk-Magistrate. The stakes were high, as AO could have been sentenced to two years in jail on each of the two cases if the Clerk-Magistrate issued a criminal complaint. AO retained Attorney Joshua Lewin. Attorney Lewin thoroughly prepared the case for the hearing before the Clerk-Magistrate and made a persuasive presentation at the hearing. After the hearing, the Clerk-Magistrate dismissed the application and did not issue a complaint. Once the new charge was dismissed probation chose not to go forward with a probation surrender. AO walked on both cases and could not have been more thankful for Attorney Lewin’s services.

In 1992, JB pled guilty to possession of cocaine and heroin in the Lowell District Court. He was sentenced to one year in the House of Correction, but the Judge suspended the jail sentence for one year. This meant that JB would never see the inside of a jail cell so long as he complied with the terms of his probation for one year. During his third month of probation, however, JB left snowy Massachusetts and moved to sunny Florida without getting the approval of his probation officer or the Judge. The Probation Department at Lowell District Court issued a Notice of Surrender for Alleged Violation of Probation and the Court issued an arrest warrant in 1993 for JB. JB never returned, instead establishing himself and a career in Florida. After 17 years living in Florida, however, the law caught up to JB. While attempting to renew his driver’s license, the State of Florida informed him that he had an outstanding warrant in Massachusetts and that Florida would not renew his driver’s license until the warrant was cleared. JB needed his license to work but was scared that the Judge would send him to jail for one year if he returned to Massachusetts. JB called attorney Joshua Lewin and explained the situation. After discussing the case, JB retained Attorney Lewin. Attorney Lewin promptly went to the Lowell District Court and was able to get the warrant recalled without JB having to be present in Court. As a result, JB was able to renew his license in Florida and he was not without a license for a single day. But that was only half the battle, as JB was still facing a one year jail sentence in Massachusetts. Attorney Lewin spoke to the probation department and court prosecutors about the case. On a snowy April morning, JB returned from Florida to Lowell and appeared in front of the Judge with Attorney Lewin. Attorney Lewin persuaded the Judge that it was not in the interests of Justice to send JB to jail. In fact, Attorney Lewin’s argument was so persuasive that the Judge terminated JB’s case entirely and set him free without any punishment. When he came to Massachusetts, JB was facing a one year jail sentence. The only punishment he got was having to deal with a freak New England spring snow storm. That was punishment he was willing to accept. Oftentimes we are able to get the Judges to terminated probation in these old cases without the client having to return to Massachusetts; every now and then, however, we get a judge who insists that the client return to Massachusetts. This was the case here; but when the client did appear the Judge terminated the probation and discharged the client from any further responsibility in the case.

JP, who is 47 years old, had been an oil burner technician his entire adult life. His job required not only that he have a license, but also that he have a commercial driver’s license. In 2008, before he hired Lewin and Lewin, JP was convicted of various drug related offenses. As a result, the Registry of Motor Vehicles suspended JP’s driver’s license for five years. Even worse, however, the RMV revoked his commercial driver’s license for life. (Drug convictions in Massachusetts carry with them a suspension/revocation of the convicted person’s driver’s license – even though the drug case may have had nothing to do with driving. If the drug charges are continued without a finding then there is no conviction and no loss of license.) This effectively meant that JP could never return to work and his career as an oil burner technician was over. In February 2011 JP retained Attorney Joshua Lewin. Attorney Lewin promptly filed a petition at the Board of Appeal in Boston, requesting that the Board rescind the lifetime revocation of his CDL and issue JP a license so that he could return to work. On March 9, 2011, Attorney Lewin appeared with JP before the Board of Appeal. The prosecutor from the RMV argued that JP’s license should remain suspended. Attorney Lewin, who had prepared a detailed and persuasive memorandum, argued to the members of the Board that they should reinstate JP’s license and rescind the revocation of his CDL. Two days later, JP received the Board’s decision: Petition allowed. The Board issued JP a license so he could return to work and rescinded the lifetime revocation of his CDL. As JP stated after receiving the decision and getting his license back: “this was the best money I could have spent.” In the background, Attorney Lewin could hear the sound of JP’s truck. JP was back on the road.

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