Articles Posted in Warrants

RW, a 57 year old owner of a landscaping/irrigation business in Tennessee, received a notice from the Tennessee Department of Motor Vehicles that his Tennessee License was being suspended because Massachusetts had suspended his right to operate a motor vehicle due to an outstanding warrant in a Massachusetts Court. RW needed a license to run his business and to do all the things that we all do with a license. Unfortunately for RW the warrant was a probation violation warrant. Thirty years earlier, in 1987, RW had been found guilty of Larceny Over $250.00 in Cambridge District Court. He was given a 1 year suspended sentence and placed on probation for 2 years and ordered to pay restitution. Now, 30 years later, he was at risk of having that 1 year suspended sentence put into effect. On Tuesday, October 10, 2017 RW called Attorney Robert Lewin in North Andover, MA and explained the situation. Attorney Lewin told RW that he would call him back. Attorney Lewin called the Clerk-Magistrate’s Office and was able to get the details on the case including the bank to whom the restitution was owing. The bank was no longer in business. Attorney Lewin called the probation office at the Court. It turns out that RW’s probation officer from 30 years earlier still worked in the probation department! He was now the Chief Probation Officer. Attorney Lewin explained RW’s situation to the Chief Probation Officer and explained that the bank was no longer in existence. As promised, Attorney Lewin called RW back (that same Tuesday) and explained the situatuion to RW and explained that he felt he could get the warrant canceled and the case resolved without RW coming to Massachusetts. The next day, Wednesday, October 11, 2017, RW hired Attorney Lewin. The following day, less than 24 hours after being retained, Attorney Lewin went to Cambridge District Court and had the case sent into the Courtroom. Attorney Lewin explained to the Judge that the bank was no longer in existence and that the probation office was not looking for any additional sanction. Attorney Lewin explained that RW had left Massachusetts and moved to Tennessee shortly after being placed on probation. Attorney Lewin asked the Judge (a) to waive (excuse) RW’s appearance in court, (b) to allow Attorney Lewin to appear in RW’s absence, (c) to order the warrant canceled, (d) to terminate RW’s probation, and (e) to discharge RW from any further responsibility to the Court. The Judge granted the request and the case was closed.

Attorney Lewin left the courthouse at 9:35 AM and called RW. RW could not believe the news. Attorney Lewin explained to RW that it would take 24 hours for the Massachusetts Registry of Motor Vehicles to remove the suspension of RW’s right to drive and an additional 24 hours for that to get entered into the National Driver Registry. Two days later RW walked into the Tennessee Department of Motor Vehicles and got his Tennessee License reinstated.

After 42 years of criminal defense practice and 4 years before that as an Assistant District Attorney, Attorney Lewin knew just whom to call and what to say to get the quick and most favorable result possible.

TK, a 52 year old sales manager at a car dealership in Burlington, MA, was charged with Larceny By Check Over $250 back in 2001 in Woburn District Court. The charge arose out of a series of bad checks that TK had written in 2001. The checks were written on a business account that TK had. The account had virtually no money in it. TK simply walked away from the case and a warrant for his arrest was issued. For some reason the Registry of Motor Vehicles did not pick up on the warrant until 2017 at which time the Registry revoked TK’s license. TK needed the license to work at the car dealership. TK contacted and retained Attorney Robert Lewin from North Andover, MA.

Attorney Lewin went over to Woburn District Court and obtained copies of all the relevant court papers and police reports. From the police report Attorney Lewin was able to determine that the bank which was victimized in the case was no longer in business. Attorney Lewin approached the Assistant District Attorney in Woburn District Court and was able to furnish the Assistant District Attorney with evidence that the State (the Commonwealth) could not at this time successfully prosecute the case: the bank was no longer in business;  it would be virtually impossible to find the witnesses (16 years later); and no one could identify TK as the person who wrote the bad checks.

On July 31, 2017 TK and Attorney Lewin appeared in Woburn District Court. The case was called and the Assistant District Attorney stood up and told the Judge that the Commonwealth could not go forward with the case. The Judge looked over at Attorney Lewin and Attorney Lewin then moved (asked) for the warrant to be recalled and the case dismissed. The Judge granted Attorney Lewin’s motion (request). The warrant was recalled (cancelled) and the charges against TK were dismissed.

KH, a 54 year old landscaper living now in Vermont, was arrested in Lawrence, MA in 2003 and charged with Unlawful Possession of Heroin, Conspiracy to Violate the Controlled Substance Act, and Operating After Revocation of License, 2nd Offense. KH failed to appear in Lawrence District Court following his arrest and a default warrant issued for his arrest. KH left Massachusetts and moved to Vermont. Vermont revoked his right to drive and told him he could not get a Vermont license until his revocation in Massachusetts was cleared. In order to clear his Massachusetts revocation KH had to get the warrant in Lawrence District Court cleared. KH contacted and retained Attorney Robert Lewin from North Andover, MA.

Attorney Lewin went over to the Court and obtained copies of all the relevant papers in KH’s case (the Court Docket, the Criminal Complaint, the Police Report, and a copy of KH’s Criminal Record). When Attorney Lewin read the police report he recognized the name of the arresting officer and was aware of the fact that the arresting officer had been fired from the police department for misconduct. The police report did mention that a second officer had assisted in the arrest. That second officer was still around. Attorney Lewin met with the Assistant District Attorney at Lawrence District Court and discussed the case at length. The DA’s Office took the position that KH should not be rewarded for “skipping town” for 14 years and they refused to dismiss the case in his absence.

On September 25, 2017 KH came down to Massachusetts and KH and Attorney Lewin went into Lawrence District Court. KH was booked into Probation and then KH and Attorney Lewin went into the First Criminal Session to address the warrant and the case. Attorney Lewin was prepared to address the court when the Assistant District Attorney stood up and told the Judge that the DA’s Office could not go forward because the officer was no longer available. Attorney Lewin then moved to have the warrant recalled (cancelled) and the case dismissed. The Judge granted Attorney Lewin’s motion (request) and ordered the warrant cancelled and the case dismissed.

On November 4, 1988, HT, a then 21 year old fellow from Cambridge, walked into a bank and presented a check to the teller to be cashed. The check was made out to HT. Unfortunately the signature on the check had been forged. The teller suspecting there was a problem with the check alerted the branch manager who in turn notified the police. The police responded to the bank and HT was arrested and charged with forgery and uttering (trying to pass) a forged check. Both charges are felonies. HT was bailed out and then left Massachusetts. He failed to appear in Court. A subsequent criminal complaint was taken out against HT for Failing to Appear and a warrant was issued for his arrest on that charge as well.

Twenty-nine years passed. HT married and now has six children and nine grandchildren. HT lives in Wyoming and is a truck driver. The warrants finally caught up with HT and Wyoming suspended his license due to the outstanding warrants in Massachusetts. HT contacted Attorney Robert Lewin from North Andover, MA. HT retained Attorney Lewin. Attorney Lewin went over to Cambridge District Court (now in Medford) and reviewed all the Court papers. It became immediately clear to Attorney Lewin that the Commonwealth could not prove either case against HT. The bank closed decades ago and all the witness would be long gone. Attorney Lewin approached the Assistant District Attorney and she agreed to a dismissal of the charges.

On August 16, 2017 Attorney Lewin had the case put on the Court list for hearing that day. Attorney Lewin prepared a Motion to Excuse HT from appearing in Court. Attorney Lewin appeared before the Judge without HT. The Judge granted Attorney Lewin’s Motion and ordered the warrants against HT recalled (canceled) and the Judge ordered all the charges against HT dismissed without any court costs.