Articles Posted in Warrants

On Wednesday, July 28, 2021 Attorney Robert Lewin from Andover received a phone call from AL, a 48 year old gentleman from Florida. AL told Attorney Lewin that Florida had suspended his license because AL’s right to drive in Massachusetts was suspended due to a 29 year old warrant out of Gardner District Court. Attorney Lewin told Al that Attorney Lewin would call Gardner District Court to see what the warrant was all about. Attorney Lewin called the Court and learned that in 1992 AL had been arrested and charged with the following offenses in Gardner:

  • Operating After Suspension of his License
  • Giving a False Name to a Police Officer

MT, is a building and roofing contractor. He is now (April of 2021) age 57.

  • In 1994 he took a $5,350.00 deposit from a customer in Andover, MA but did not do the work. He was charged by the police with Grand Larceny. In 1994 he went to Lawrence District Court, was found guilty, and was ordered to pay restitution in the amount of $5,350.00. He failed to make the payment and a default warrant issued for his arrest.
  • In 2015 he took a $4,000.00 deposit from a couple in Chelmsford, MA but did not do the work. The police charged him with Grand Larceny and a straight warrant for his arrest was issued by Lowell District Court. (A straight warrant simply means the court did not summons him; rather than a summons the court issued a “straight” warrant.)

In July of 2019, SM, a 23 year old woman was pulled over by the Wakefield Police. The police had done a random scan/query of the registration plate on her car and it came back as revoked due to insurance cancellation. When the police asked for her license it turns out that her right to operate in Massachusetts had been suspended due to an unpaid speeding ticket.  She was charged with operating an uninsured motor vehicle, operating a vehicle with a revoked registration, and operating after suspension of her right to drive. The Malden Court issued a summons for her to come to court but she claimed never to have received it. A warrant for her arrest was issued by the court.

She stopped driving after that and the car sat in her driveway. In 2021 she contacted and retained Attorney Robert Lewin from Andover wishing to clear things up. Attorney Lewin immediately filed his appearance as her lawyer and that gave him access to all the court papers and the police reports which he immediately obtained. Attorney Lewin explained to SM that if she got the car registered and insured and if she got her right to drive reinstated that that would go a long way toward getting the charges resolved very favorably. SM was a good client. She paid off the old speeding ticket and paid a reinstatement fee for her right to operate and her right to operate was reinstated by the Registry. She also got a new insurance policy and got the car reregistered. Attorney Lewin filed a Motion with the Court to cancel the warrant and dismiss the charges.

On April 1, 2021 Attorney Lewin and SM appeared virtually via zoom in Malden Court (which is in Medford!). Attorney Lewin had filed all the papers from the Registry with the Judge and with the DA to show that SM had taken care of all her issues. The Judge then said that she was ordering the warrant cancelled all the charges against SM dismissed prior to arraignment.

In 2010, SL, a 19 year old exotic dancer was living with another dancer in Fitchburg. They had a falling out and SL moved out and moved down to Florida. Unbeknownst to SL, her former roommate in Fitchburg accused SL of stealing money and a cell phone from the apartment they had shared. The roommate went to the police and the police took out a criminal complaint against SL for Larceny Over $250 (a felony). Because SL was of parts unknown a warrant was issued for her arrest by Fitchburg District Court. Years passed and SL moved to upper New York State. SL went to apply for a driver’s license but was turned down by the NY DMV because her right to drive in Massachusetts was under suspension because of the warrant in Fitchburg District Court. That is when SL first learned of the case in Fitchburg District Court.

SL contacted Attorney Robert Lewin from Andover. After a thorough initial free consultation SL, now age 29, hired Attorney Lewin. Attorney Lewin explained to SL that with a little luck they might be able to get the case favorably resolved without SL having to come to Massachusetts. On February 4, 2021 SL retained Attorney Lewin. Attorney Lewin immediately contacted the Fitchburg District Court and was able to obtain all the court papers and the police report. Attorney Lewin emailed copies to SL and they reviewed them together. SL told Attorney Lewin that she was innocent of the charge and after reading the police report it was clear to Attorney Lewin that the State could not prove the case against SL. Attorney Lewin immediately contacted the DA’s Office and within five days the DA’s Office agreed to dismiss the case without SL having to come to Massachusetts and the court.

On February 17, 2021 Attorney Lewin and SL appeared via Zoom in Fitchburg District Court. Attorney Lewin had prepared and filed a Motion to Cancel the Warrant, Allow the parties to appear via zoom, and Dismiss the case prior to arraignment. After a brief hearing the Judge Ordered the warrant cancelled and the case dismissed prior to arraignment.

In 2009 DH, a then 29 year old homeless man, was arrested in Peabody and charged with Trespassing and Disorderly Conduct. DH had a six page criminal record. He defaulted in Court and a warrant was issued for his arrest. He went to California and lived in CA for a number of years. DH got his life together and then returned to MA. He got married, got a good job, and went back to school. But he could not drive because he could not get a license due to the warrants in Peabody District Court. DH contacted Attorney Robert Lewin from Andover and they had an initial conference via FaceTime. DH retained Attorney Lewin.

Attorney Lewin immediately obtained all the court papers and the police report from the 2009 case. Attorney Lewin then reached out to the District Attorney’s Office and discussed the case at length with the DA. Attorney Lewin asked the DA to dismiss the case.

On January 12, 2021 Attorney Lewin and DH appeared in Peabody District Court. DH appeared in person and Attorney Lewin appeared via zoom. The case was called and Attorney Lewin and the Assistant District Attorney made a joint request of the Judge to cancel the warrant and dismiss the case. The Judge agreed. DH left the Court with no warrant hanging over his head and his 11 year old case dismissed. He was a happy client!

In March of 2019, JF, a 47 year old single father of two disabled children living in AZ contacted Attorney Robert Lewin of Andover, MA. JF had eight warrants outstanding – all in Malden District Court. The warrants dated back to 2008 and 2009. As a result of the warrants JF’s right to drive had been suspended by the Massachusetts RMV. That suspension had been entered into the National Driver Register and as a result JF had not been able to renew his AZ license since 2010. JF asked Attorney Lewin to look into the warrants and advise him. Attorney Lewin went to Malden Court and was able to get all the papers from the eight cases. In four of the cases, JF had plead guilty back in 2008 and had 3 suspended sentences hanging over his head: there was a 1 year suspended sentence, a 6 month suspended sentence, and a 3 month suspended sentence. All of the cases were convictions for violating an abuse prevention order. In addition, JF had 4 additional cases – all for violation of an abuse prevention order – on which he had never been arraigned.  [JF’s former wife had obtained an abuse prevention order against JF and JF violated the order 8 times.].

JF was in trouble. He had left the state in violation of his probation; he had failed to report to probation; he did not enroll in or complete the batterers program as ordered; and he continued to violate the abuse prevention order after being placed on probation. His probation officer was still working as a probation officer in 2019; she remembered the case, and she wanted his probation to be revoked and the 1 year suspended sentence to be put into effect. She wanted him to do a year in jail.

The District Attorney’s Office wanted a piece of his skin as well; on the cases on which he had not yet been arraigned they wanted him to do an additional 9 months.

VK is a thirty-one year old Marine stationed is California. His work in the marines requires him to have a driver’s license. In 2005 VK was arrested by the Lowell Police for several misdemeanor charges. He never went to court and for 14 years a warrant for his arrest was outstanding. As a result of the warrant the Massachusetts Registry of Motor Vehicles suspended his license. In 2019 this suspension of his license finally caught up with VK. VK contacted Attorney Robert Lewin from North Andover and explained his situation. On July 14, 2019 VK retained Attorney Lewin.

Attorney Lewin immediately went over to Lowell District Court and obtained copies of all the papers in VK’s case. Attorney Lewin then prepared a Motion to Waive (Excuse) VK’s personal appearance in Court, to Cancel the warrant, and to dismiss the case. Attorney Lewin met with the Assistant District Attorney and explained that VK was a career marine and needed to get the warrant cleared so that he could remain in the marines and that he did not have the funds to return to MA. The Assistant District Attorney was persuaded by Attorney Lewin’s request and agreed.

On July 16, 2019 (less than 48 hours after being hired) Attorney Lewin went into Lowell District Court. Attorney Lewin had the case brought forward and sent in to the main courtroom. Attorney Lewin went before the Judge and presented the Motion to Waive VK’s personal appearance in Court, cancel the warrant, and dismiss the case. The Assistant District Attorney told the Judge they had no objection. The Judge granted Attorney Lewin’s motion. The warrant was ordered CANCELLED and the case was ordered DISMISSED. The Judge was so impressed with VK’s service history (Attorney Lewin had received that via email from VK and given it to the Judge) that the Judge ordered the case dismissed prior to arraignment. Because the case was dismissed prior to arraignment the case does not go on VK’s criminal record. It is as if it did not happen.

ET, a 30 year old software engineer from India, has trouble obeying the rules of he road. He ended up getting his license suspended but continued to drive. He then got arrested in Woburn and in Malden for driving after suspension of his license. There was a warrant for his arrest for the case in Woburn. Some years before ET had hired Attorney Robert Lewin from North Andover to handle a hit and run case. Attorney Lewin was successful in killing that case in the police station before any charge was brought. ET again retained Attorney Lewin. Because of the warrant Attorney Lewin and ET went to Court right away. On Tuesday, January 2, 2018 ET and Attorney Lewin went to Woburn District Court to address the warrant. Attorney Lewin arrived at Court early and spoke with the Assistant District Attorney. Attorney Lewin explained that the license suspension was not for any serious motor vehicle violations. The District Attorney agreed to dismiss the charge. ET and Attorney Lewin walked out of Woburn Court with the warrant cancelled and the criminal case dismissed. The next day, Wednesday, January 3, 2018, ET and Attorney Lewin went to Malden District Court. Again, Attorney Lewin arrived at Court early and spoke with the Assistant District Attorney. Again Attorney Lewin explained that the license suspension was not for any serious motor vehicle violations. The District Attorney agreed to dismiss the charge. Within 24 hours ET had both charges of driving on a suspended license dismissed. On January 4, 2018 ET is scheduled to go to the Registry of Motor Vehicles and get his license reinstated. It just doesn’t get much better.

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.

Contact Information