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December 10, 2023

Juvenile Negligent Operation Charge Diverted

LS, a 17 year old high school student, took one of his family cars and decided to do a time trial on an Andover Street. He had three other kids in the car with him. Going around a corner at a high speed he lost control and crashed into a stone wall. Fortunately for LS no one was hurt and the other three kids in the car took off. A neighbor called the police and the Andover Police arrived shortly thereafter. LS was cited by the police for speeding and negligent operation. LS and his parents met with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately told LS to file the citation at the Clerk-Magistrate’s at Lawrence Juvenile Court. The filing of the citation at the court preserved LS’s right to a Clerk-Magistrate Heating BEFORE a juvenile complaint was issued against him.

Negligent Operation is what is called a Chapter 90 Offense; Chapter 90 is the Massachusetts Motor Vehicle law. Juvenile’s, with no prior court involvement, are typically eligible for consideration into the Juvenile Diversion program. The Juvenile Diversion Program causes a criminal (juvenile) charge to be “diverted” out of the criminal justice system. As a matter of practice, however, Chapter 90 Offenses (such as Negligent Operation in this case) will not be diverted.

After being hired, Attorney Lewin went over to the Juvenile Court in Lawrence to review the court papers and get a copy of the police report. The Clerk-Magistrate informed Attorney Lewin that the police had not yet filed their paperwork at the Court. There is a little known rule called the “6-Day Rule”. The Motor Vehicle Law contains a provision that the police must file their paperwork at the court within 6 business days of the violation. When Attorney Lewin saw that the police had not filed their paperwork (on the fourth business day), Attorney Lewin called LS and his parents and told them we are doing to go silent and wait and see if the police file within the 6 business days. And wait they did. Finally on the 15th business day after the violation the police filed their paperwork at the Court. Attorney Lewin immediately filed a Motion to Dismiss the case for violation of the 6 day rule.

January 20, 2022

Warrant Cancelled – Charges Dismissed – In Less Than Two Hours

by Robert D. Lewin

In May of 2021, AM, a 41 year old cleaner, got pulled over by the Methuen Police and was cited for Operating After Suspension, Operating an Uninsured and Unregistered Motor Vehicle, Wrongfully Attaching Plates, and Failing to Stop. AM changed addresses and never received the summons to go to Lawrence District Court and a warrant was issued for his arrest. AM forgot about the case and when he went to renew his license he was told he had a warrant in Lawrence District Court. AM became concerned that he would get picked up on the warrant and held. He sought out an attorney. AM spoke with and retained Attorney Robert Lewin from Andover.

AM wanted to go into court immediately to get the warrant cleared. On January 20, 2022 AM and Attorney Lewin went into Lawrence District Court at 8:30 AM. Attorney Lewin went into the Clerk-Magistrate’s Office and had the case put on the Court List for hearing that day. Attorney Lewin brought AM into the probation office where probation did an intake interview. Attorney Lewin then spoke with the Assistant District Attorney in charge of the Lawrence office. After speaking the with Assistant DA, an agreement was reached where all the charges would be dismissed on the payment of $300.00 in court costs.

Shortly before 10:00 AM the case was called. The Judge ordered the outstanding warrant cancelled. The Judge asked Attorney Lewin and the Assistant DA if the case could be resolved. Attorney Lewin told the Judge the parties had reached an agreement for the criminal charges to be dismissed upon the payment of $300 in Court Costs. The Judge adopted the agreement. So, less than 2 hours after AM and Attorney Lewin entered the courthouse the warrant was gone and the cases were dismissed.

December 17, 2020

ANOTHER HIT & RUN CASE WON

by Robert D. Lewin

On July 1, 2020 a homeowner in Byfield, MA heard a loud crash outside her home. She went outside and observed an SVU pulling away from a utility pole. The pole was badly damaged. The SUV left the scene. She called the police and they found a number of parts from the SUV at the scene. Over the next few weeks the police did an investigation and they identified the parts as coming from a particular year and make of vehicle. A search of the RMV data base showed such a vehicle registered to JW who lived not far from the accident scene. It took several weeks and when they got to JW’s house they found the SUV – with no damage at all on it. A search of auto repair shops showed that the SUV had been brought in to a particular shop and had had repairs made to it – repairs that were consistent with the accident. A check with JW’s insurance company showed that they had paid for the damages to the SUV. The police went to speak with JW but he said nothing o them – absolutely nothing. He exercised his right to remain silent and would not answer one question. (Smart guy.) The police cited JW with Leaving the Scene and Failing to File a Police Report of an Accident and issued him a citation. JW called Attorney Robert Lewin from Andover. Attorney Lewin advised JW to immediately file the citation at Newburyport District Court and request a Clerk-Magistrate hearing.

JW retained Attorney Robert Lewin. (As it turns out JW had had Attorney Lewin represent him previously in another hit & run case which Attorney Lewin won.) Attorney Lewin immediately identified two problems with the police case against JW.

First: The leaving the scene charge requires the police to prove that JW was driving the car at the time of the accident. From the evidence the police had, the police could establish probable cause that it was JW’s vehicle that was involved in the accident. But that is not enough. They had to prove that JW was driving the vehicle at the time of the accident. There was no evidence of this.

December 2, 2018

SHOPLIFTING CHARGE DISMISSED

by Robert D. Lewin

On September 8, 2018, NB, a 48 year old Lebanese woman from Lawrence, went into the Stop & Shop Supermarket in Methuen and put $157.24 worth of food into her shopping cart. She then proceeded to walk out the door of the store without paying for the food. NB was stopped by a store loss prevention officer and the Methuen Police were called. NB was charged with shoplifting. On November 1, 2018 NB appeared at Lawrence District Court for a Clerk-Magistrate Hearing. Until about one year ago these shoplifting cases in Lawrence District Court were routinely disposed of at a Clerk-Magistrate hearing without a criminal complaint being issued. Over the last year the Clerk-Magistrates have been issuing criminal complaints in shoplifting cases where the amount in question is over $100 or in cases where the evidence suggests that the accused has engaged in shoplifting before. The Clerk-Magistrate issued a complaint against NB and she had to return to Court for an Arraignment on November 29, 2018. NB retained Attorney Robert Lewin from North Andover. On November 29, 2018 NB appeared in Lawrence District Court and after a brief conference between her lawyer and the Assistant District Attorney the shoplifting charge was ordered dismissed. NB left the court very relieved.

It is important to understand that in Lawrence District Court the Clerk-Magistrates now look closely at the evidence in these shoplifting cases and will often issue a criminal complaint.

March 20, 2017

DOMESTIC ASSAULT & BATTERY CHARGE DISMISSED: DEPORTATION AVOIDED

by Robert D. Lewin

On December 31, 2016 (New Years Eve day) WQ, a 27 year old software engineer who is a resident alien from Russia, got into an argument with her husband. The couple live in Andover, MA. WQ lost control and physically attacked her husband scratching his face and arms and back. He fled the house and went to the police station. He told the police he did not want her arrested. The police photographed his injuries and then went to the house and arrested WQ. She admitted to the police that she had scratched him but she said it was in self-defense.

WQ consulted with and retained Attorney Robert Lewin of North Andover. Attorney Lewin was quite familiar with WQ and her husband as Attorney Lewin had represented her husband one year earlier in a domestic assault charge that had been filed against the husband by WQ. (See the posting on this blog dated February 24, 2016). The husband agreed to have Attorney Lewin represent his wife in this case.

After reviewing the facts it became clear to Attorney Lewin that a good case of self-defense could be made out by WQ. Attorney Lewin thoroughly prepared WQ for trial based on self-defense. Attorney Lewin and WQ had two lengthy trial preparation sessions during which Attorney Lewin prepared WQ for her testimony in Court.