Massachusetts Criminal Lawyer Blog
On January 10, 2020, ZC, a 29 year old software engineer was driving his car in Weymouth when he got pulled over by the state police because his rear registration plate did not have the small sticker affixed to it. When the trooper ran the license and registration it turned out that ZC’s license had been suspended in 2019 for failing to pay a ticket that had been issued against him in 2019. ZC works for the Commonwealth and it was important for him not to have any criminal record. The state trooper issued ZC a citation for Operating After Suspension of License. ZC took the ticket and mailed it to the Quincy District Court and requested a Clerk-Magistrate Hearing.
The following week ZC went to the Registry and paid the old ticket. He had moved and never received the old ticket nor did he ever receive the Notice of Suspension from the Registry. (Of course, it was his obligation to notify the Registry of his change of address.) Once he paid that old ticket he then paid a reinstatement fee and the Registry reinstated his license.
ZC did not want to get a criminal record. ZC met with (via ZOOM) and retained Attorney Robert Lewin from Andover. Attorney Lewin commended ZC for taking care of the old ticket, the change of address, and paying the reinstatement fee and getting reinstated.
In preparation for the Clerk-Magistrate Hearing Attorney Lewin obtained copies of all the relevant papers from ZC and from the RMV. Attorney Lewin prepared a Memorandum for the Clerk-Magistrate and attached to it all the relevant documents. In the Memorandum Attorney Lewin explained to the Clerk-Magistrate that ZC’s problems simply stemmed from his failure to notify the RMV of his new address. Attorney Lewin further explained in the Memorandum that ZC had taken care of all the Registry requirements and was fully reinstated.
On November 30, 2020 a ZOOM hearing was held before an Assistant Clerk-Magistrate at Quincy District Court. Present on the ZOOM call were Attorney Lewin, ZC, the State Police Prosecutor, and the Clerk-Magistrate. The Clerk-Magistrate had Attorney Lewin’s Memorandum and all the attached documents showing that ZC had got his license fully reinstated. Attorney Lewin had also furnished a copy of the Memorandum and the documents to the State Police Prosecutor. After reviewing the papers that Attorney Lewin had submitted the Assistant Clerk-Magistrate asked the state police prosecutor if he had any objection to the case being dismissed. He said he did not. The Assistant Clerk-Magistrate then dismissed the application for criminal complaint that the police had filed.
As a result of this disposition, Attorney Lewin pointed out the following to ZC:
- No criminal complaint had been issued ZC
- ZC had NOT been charged with any criminal offense
- ZC did not have to return to court to go before a Judge
- NO entry had been made in the Criminal Offender Record Information (CORI) System against ZC
- ZC had NO criminal record as a result of this case.
Needless to say ZC was thrilled with getting the very best possible result and texted Attorney Lewin a big “Thank You!” Getting that result was the work of good preparation.