Articles Posted in Heroin Possession

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.

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.