Articles Posted in General Continuance

KC, a 14 year old juvenile, resides with his parents in Georgetown, MA. For months he has been bullied by a 17 year old youth also from Georgetown. On Wednesday, April 3, 2019 KC was walking with several friends towards KC’s house. They were about thirty yards away from KC’s house when the bully rode by in a car. As the bully passed KC, the bully yelled out “Fuck you, you fucken pussie, you won’t fight me.” The car went up the street, turned around and came back. The bully got out of the car and yelled at KC “Fuck you; I’ll beat your ass.” The bully came at KC. KC happened to be carrying CO2 cartridge Air Soft Gun. He pulled out the gun which but for the orange tip and the white tape on the barrel looks just like a real gun.  The bully kept advancing and KC fired the gun at the bully.

The police arrived within minutes. The gun was confiscated from KC. KC’s mother had arrived at the scene. Because of his young age the police did not arrest KC but told his mother that KC would be summonsed to juvenile court. Subsequently KC received a summons to appear in Lawrence Juvenile Court for an arraignment on a charge of Assault & Battery with a Dangerous Weapon. This charge is a felony and is NOT a charge that can be diverted by a Judge.

KC’s mother and father contacted and with their son met with Attorney Robert Lewin from North Andover. After a lengthy initial consultation which was free KC’s parents retained Attorney Lewin. It was very clear to Attorney Lewin that KC had acted in self-defense following a long period of bullying.

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 May 18, 2017, BT, a 70 year old retired social worker, drove from her home in Winchester into Harvard Square. BT spotted a parking space on the side of the street. She proceeded to pull into the space scraping the entire side of a car already parked on the street. She got out of her car as if nothing had happened and headed across the street to do some shopping. Fortunately or unfortunately – depending on your point of view – a Cambridge Police Officer witnessed the entire episode. The officer approached and asked BT to return to the scene of the accident. BT accompanied the officer and told the officer she had no idea what he was talking about. The officer told BT to look at the damage to the car. Again she repeated that she had done nothing and she had no idea what he was talking about.The officer issued BT a citation for failure to use care and leaving the scene of a property damage accident. BT received a summons to appear in Cambridge District Court (in Medford) for an arraignment. On August 16, 2017 BT appeared in Cambridge District Court and was arraigned and the Judge suggested to BT that it would be in her best interest to hire a lawyer. Her case was continued to September 22, 2017.

BT met with and retained Attorney Robert Lewin from North Andover. It became immediately apparent to Attorney Lewin that BT was suffering from some mental illness. According to BT the FBI had been following her for 24 years and this interaction with the police in Cambridge was all set up by the FBI. Attorney Lewin obtained all of BT’s car insurance information and then met with the Assistant District Attorney in Cambridge District Court. On September 22, 2017 BT and Attorney Lewin appeared in Cambridge District Court; by agreement the charges against BT were continued generally for 3 months. On December 22, 2017 the charges against BT were dismissed.

A general continuance does not involve any admission of guilt or wrongdoing. It is NOT a plea bargain. The case is simply continued without any admission of guilt and then dismissed. BT was very happy with the result. About a week later BT called Attorney Lewin and went on at length about how the FBI was still out to get her. All Attorney Lewin could do was listen!

EQ, a 43 year old woman from Methuen owned a car that was insured. The car needed some front end work and in February of 2017 EQ reported to her insurance company that her car had been struck by a hit and run driver. The insurance company sent an adjuster out to look at the car. The damage to the car did not appear to the adjuster to be consistent with the story being told by EQ. The insurance company hired an accident reconstruction expert who thoroughly examined the car including examining the paint on the car. The expert concluded that the front end of the car had been involved in a number scrapes on different times with different objects and that the front end work that needed to be done was unrelated to any accident. The insurance company reported their findings to the Massachusetts Insurance Fraud Bureau. The Methuen Police were called in and when confronted, EQ admitted that the accident did not happen as she reported it. The police then charged EQ with (1) Filing a False Motor Vehicle Insurance Claim and (2) Attempted Larceny Over $250.00. Both charges are felonies. EQ was arraigned on August 9, 2017 in Lawrence District Court and her case was continued for a pre-trial hearing to September 8, 2017.

EQ consulted with Attorney Robert Lewin from North Andover and retained him. The Insurance Fraud Bureau report was comprehensive and contained detailed photographs of the car and a detailed explanation of why EQ’s accident report was false.

EQ had no criminal record and a good job with a high-tech company. A felony conviction would dramatically effect her future. Attorney Lewin went over to the District Attorney’s Office at Lawrence District Court and met with the Assistant DA assigned to EQ’s case. The DA was willing to continue her case without a finding (CWOF). A continuance without a finding can be a good result as it avoids a conviction; but it does involve an admission that the evidence is sufficient to warrant a finding of guilt. Attorney Lewin advocated strenuously with the Assistant DA to consider a general continuance of the case. A general continuance of a criminal case is a disposition where, by agreement, the case is continued for a period of time and then dismissed. There is NO admission of guilt or wrongdoing. It is NOT a plea bargain.