Massachusetts Criminal Lawyer Blog

May 2, 2023

Operating After Revocation of Registration Dismissed in Woburn District Court

On February 25, 2023, SM, a 45 year old engineer from Andover got pulled over and cited for speeding, expired inspection sticker, and operating a vehicle with a revoked registration (a criminal offense). The vehicle was a leased Tesla. The police report indicated that the registration was revoked because the vehicle was not insured. A clerk-magistrate hearing was scheduled, but SM never received the hearing notice. The Clerk-Magistrate issued a summons for SM to appear in Woburn District Court for an arraignment on May 2, 2023. Within days after being stopped by the police SM notified the leasing company that the car was and had been fully insured. SM went and got the car registered.

SM consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin reviewed the police reports and SM – a terrific client – furnished Attorney Lewin with the insurance policies showing that the car was fully insured at all times and with a copy of the new registration certificate.

Attorney Lewin contacted the DA’s Office and showed them that the Registration should never have been revoked as the car was fully insured throughout and that the fault lay with the leasing company. Attorney Lewin prepared and filed a Motion to Dismiss the case (all the charges) prior to arraignment.

April 30, 2023

Unlicensed Operation First and Second Offenses Dismissed (Brazilian Immigrant)

by Robert D. Lewin

In August of 2021, DM, a 24 year old Brazilian alien living in Lowell, got charged with Unlicensed Operation of a Motor Vehicle in Lowell. A Clerk-Magistrate hearing at Lowell District Court was set up for July 1, 2022. DM consulted with and retained Attorney Robert Lewin from Andover to represent him at the hearing. On July 1, 2022 Attorney Lewin and DM appeared in Lowell District Court for the hearing. Attorney Lewin advocated on DM’s behalf for no complaint to be issued against DM. At the conclusion of the hearing the Clerk-Magistrate agreed with Attorney Lewin’s request and ordered that if DM stayed out of trouble, then on December 31. 2022 the application for criminal complaint would be dismissed and the case closed without DM being charged. On December 31, 2022 that charge was dismissed without a criminal complaint being issued against DM.

In February 2023, DM got stopped again for unlicensed operation, no inspection sticker, and lights violation. This happened in Peabody. This time, however, DM was summonsed to appear in Peabody District court for an arraignment on April 5, 2023. (There was no Clerk-Magistrate hearing.) Once again DM retained Attorney Robert Lewin from Andover. Prior to the arraignment, Attorney Lewin spoke with the Assistant District Attorney at Peabody District Court. Attorney Lewin advocated on DM’s behalf for the case to be dismissed. The Assistant District Attorney agreed.

On April 5, 2023 Attorney Lewin and DM appeared in Peabody District Court. The case was called and Attorney Lewin explained to the Judge that the Commonwealth had agreed to dismiss the unlicensed operation charge and they had agreed to findings of NOT responsible being entered to the charges of no inspection sticker and the lights violation. The Judge accepted this joint recommendation of the parties. It was a complete win for DM.

April 30, 2023

Shoplifting Charge Avoided (Alien)

by Robert D. Lewin

SV, a 39 year old Nigerian alien, was caught shoplifting on December 2, 2022 at Macy’s in Saugus. Unfortunately for SV, she was known to the loss prevention personnel at Macy’s as someone who had stolen from the store on previous occasions but had not been caught. The police charged SV and because she had a prior history at the store the police requested that the Clerk-Magistrate at Lynn District Court issue a criminal complaint against SV without affording her a clerk-magistrate hearing first. The clerk-magistrate granted the request of the police and SV received a summons in the mail to appear for an arraignment at Lynn District Court on April 4, 2023. SV consulted with and retained Attorney Robert Lewin from Andover. Because of her status as an alien, having a record for shoplifting (a crime of moral wrongdoing) could lead to her being deported from the country and being denied citizenship.

Attorney Lewin immediately went to work on the case and obtained all the police reports. Most persons charged with shoplifting are afforded a clerk-magistrate hearing before a criminal complaint is issued. Many of these shoplifting cases get resolved favorably at the Clerk-Magistrate Hearing without a criminal complaint being issued. In SV’s case however, the criminal complaint against her had been issued without a hearing. The complaint was scheduled for an arraignment and it is the taking place of the arraignment that causes a criminal record to be created. And it is the creation of a criminal record for shoplifting that would create big problems for SV as an alien. It became very important for Attorney Lewin to try to avoid the arraignment from taking place.

Attorney Lewin prepared a lengthy motion (written request) to dismiss the charge against SV without the arraignment taking place. Attorney Lewin sent a copy of the Motion to the District Attorney’s Office before the scheduled arraignment date. On April 4, 2023 SV and Attorney Lewin appeared in Lynn District Court. Attorney Lewin met with the Assistant District Attorney handling the case and explained the devastating effects having a criminal record would have on SV. Attorney Lewin asked the Assistant District Attorney to agree to dismiss the case without the arraignment taking place. The Assistant District Attorney agreed.

March 28, 2023

Driving After Suspension Dismissed in Newburyport District Court

by Robert D. Lewin

In May of 2022, MH, a 30 year old designer from Andover, was stopped by the police and issued a citation for No Inspection Sticker and Unregistered Motor Vehicle. He took care of the registration and the sticker, but failed to either pay the ticket or request a hearing. He went into default on the ticket and the Registry suspended his license. He continued to drive. On December 13, 2022 he got pulled over by the Amesbury Police for driving after suspension of his license. He was summonsed to court in Newburyport. MH consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin immediately obtained the police reports and both MH’s criminal record and driver history from the Registry. Attorney Lewin made certain that MH got his license reinstated before the Court date. Prior to MH’s arraignment, Attorney Lewin spoke with the Assistant DA at Newburyport District Court and advocated with the Assistant DA to dismiss the case. The Assistant DA agreed.

On March 28, 2023, Attorney Lewin and MH appeared in Newburyport District Court. The case was called and Attorney Lewin and the Assistant DA told the Judge that there was an agreement to dismiss the case. The Judge ordered the case dismissed.

March 9, 2023

Another Domestic Assault & Battery Dismissed

by Robert D. Lewin

On December 2, 2022, DM, a 46 year old asylum immigrant from Uganda, was arrested by the Lowell PD for Assault and Battery on a Pregnant person (a felony) and Assault & Battery on a Household Member. DM and his girlfriend live together and got into an argument and the girlfriend alleged that he pushed her causing her to fall to the floor. She then called 911. On December 5, 2022 DM was arraigned in Lowell District Court and his case was continued to January 24, 2023 for a pre-trial hearing. DM met with and retained Attorney Robert Lewin from Andover. After reviewing all the facts and police reports in detail, and after speaking directly with DM’s girlfriend, Attorney Lewin pointed out to DM that this was a “he said she said” case if it went to trial. If DM and his girlfriend were husband and wife she would have a privilege in Massachusetts not to testify against her husband; however, they were not married and therefore she could be forced to testify against him.

When the police arrived after the 911 call, the girlfriend pulled up in her car. In the car were open containers of alcohol and she had an odor of alcohol. The police report mentioned those items but said that the girlfriend did not exhibit any signs of intoxication. The girlfriend did not want to testify and the “open containers of alcohol” in the vehicle provided her with a way to avoid testifying. If she were to testify, Attorney Lewin could and would ask her about the alcohol containers in the car. It is a crime to have an open container of alcohol in a vehicle. This gave the girlfriend a Fifth Amendment Privilege not to testify. Attorney Lewin explained that to the girlfriend.

On March 6, 2023 DM and Attorney Lewin appeared in Lowell District Court when the case was scheduled for trial. The girlfriend was also present. When the case was called Attorney Lewin informed the Judge that the girlfriend had a Fifth Amendment privilege and that she should be appointed a lawyer. The Judge appointed a lawyer to advise the girlfriend. Attorney Lewin spoke with the lawyer and gave him the paperwork showing that if the girlfriend testified she could incriminate herself. The lawyer met with the girlfriend. The case was called again and the lawyer for the girlfriend reported to the Judge that the girlfriend had a valid Fifth Amendment privilege and would exercise her privilege and not testify. The DA the reported that they could not go forward without the testimony of the girlfriend. The Judge looked at Attorney Lewin. Attorney Lewin moved for a dismissal of the case. The Judge ordered the case dismissed.

March 4, 2023

ANOTHER HIT & RUN CHARGE AVOIDED

by Robert D. Lewin

On December 10, 2022, at 4:00 am after a night out with friends, ND, a 25 year old man from Methuen, was driving to his home in Methuen when he struck a parked car in Haverhill. He was able to pull his car into an adjacent parking lot in Haverhill. He then left his car there and walked away from the scene. He called a family member who picked him up in Haverhill and brought him home to Methuen. The police responded to the accident scene. They found ND’s car and ran the plate and it came back to ND. Meanwhile, ND’s family member called the police to report the accident and to report that ND had been driving the car at the time of the accident. The police issued a citation to ND for Leaving the Scene of a Property Damage accident.

ND and his family contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin instructed ND to immediately take the citation and bring it to Haverhill District Court to request a Clerk-Magistrate Hearing. Attorney Lewin explained to ND that a Clerk-Magistrate Hearing is an opportunity to “kill the case” before it goes to a criminal complaint. ND immediately brought the citation to Haverhill District Court and requested a hearing.

Attorney Lewin contacted ND’s insurance company to make sure that the owner of the parked car had been paid for the damage (total) to his car. This is important as the Clerk-Magistrate will want to know if the “victim” has been fully compensated for his loss. Attorney Lewin was able to get written confirmation of payment from the insurance company. Attorney Lewin also ran a copy of ND’s driver history and it was clean. This is important as the police will give the Clerk-Magistrate a copy of the driver history at the hearing and it is important to know ahead of time what it shows. In addition, Attorney Lewin ran ND’s criminal history and it only showed one minor criminal case that had been dismissed seven years previously. Attorney Lewin also reached out to the Haverhill Police Prosecutor to discuss a resolution of the case that would not involve the issuance of a criminal complaint against ND.

February 17, 2023

Another Domestic Assault & Battery Win

by Robert D. Lewin

BX, an attractive 30 year old female nurse at a large Boston hospital, had a whirlwind romance with DD, a 33 year old male engineer. They had a first date in October 2022 and by Thanksgiving they were talking of marriage. They went to NY and looked at Diamond Rings at Tiffany’s. He brought her to meet his family. He went to her parents to get permission to marry her. The two planned a trip to the Caribbean where they would seal the deal. Two days before they were to leave to go on the trip they got into an argument. The argument was over his failure to get rid of body soap in the shower that belonged to one of his former girlfriends. (He just could not let go of the memories that fragrance triggered!) Well BX got very angry with him and according to the police report she hauled off and slapped him twice across the face. She then left his place. He then called off the planned engagement and went to the Caribbean by himself. When he returned, his car, which he had left parked in the street, had several new dents in it that were not there before he left. He went to the police and reported the damage to his car and the two slaps to the face. The police applied for a criminal complaint against BX for Assault & Battery on a Household Member. (The police could not charge BX with the damage to DD’s car, as there was no evidence at all that she had caused the damage.)

BX is an emergency room nurse at a major Boston Hospital. A charge of Assault & Battery would cause her problems with the Board of Registration in Nursing and with her employer. It was critical to BX that a criminal complaint not be issued against her. BX had had a previous run in with the criminal law, and had hired Attorney Robert Lewin from Andover to represent her in that prior case. Attorney Lewin was successful in defeating that prior case at a Clerk’s Hearing. Once again BX turned to and retained Attorney Robert Lewin for help.

Attorney Lewin immediately contacted the Cambridge police prosecutor and explained the details of the relationship between BX and DD. Attorney Lewin advocated with the police prosecutor for no criminal complaint to be issued against BX. Attorney Lewin obtained the police reports and reviewed them in detail with BX. Attorney Lewin fully prepared BX for the Clerk-Magistrate hearing and prepared her to testify.

December 29, 2022

HIT AND RUN CHARGE TO BE DISMISSED

by Robert D. Lewin

On September 30, 2022 TK was driving his large pick-up truck in Haverhill. He was behind a woman who was talking on her cell phone and driving very slowly. TK got upset with her and began to tailgate her. Finally the woman – who was still on her phone – pulled to the right to let him pass. As he passed her, his truck struck the side of her car. He did not stop. The woman was able to get his license plate and immediately called the police. TK drove to his home in another town. The Haverhill Police had the police in the other town go to TK’s house. There the police spoke to TK. He denied striking the woman’s car. The police examined TK’s truck and did not notice any damage consistent with a collision. The police did notice that the tires on TK’s truck were large and that the truck body was elevated and that it was quite likely that the tires struck the lady’s car. The Haverhill Police then charged TK with leaving the scene of a property damage accident. TK was summonsed to appear in Court for an arraignment.

TK consulted with and retained Attorney Robert Lewin from Andover to represent him. TK absolutely denied that he KNEW that there had been a collision. One of the things that the state must prove in a leaving the scene case (hit and run) is that the offender KNEW that there had been in a collision. In this case it appeared that the tire of TK’s truck had struck the other vehicle. That would lend credibility to TK’s assertion that he did not know that there was a collision.

Attorney Lewin spoke with the Assistant District Attorney (the prosecutor) and explained that TK did not know that there had been a collision. After some negotiating between the Assistant DA and Attorney Lewin, the Assistant DA agreed to continue the case generally for 1 year and then dismiss it. A general continuance of a case is not a plea bargain. With a general continuance there is no guilty plea and no admission of any guilt or wrongdoing. The case is simply left open for a period of time and then dismissed. Attorney Lewin refers to a general continuance as a dismissal that takes a little time to get there.

November 28, 2022

DUI: Know when to hold ’em; Know when to fold ’em

by Robert D. Lewin

Part of good lawyering is knowing when to advise a client not to go to trial. There are just some cases where the facts are terrible and the client has no hope of winning – and both the lawyer and the client know that after trial the client will get a stiff punishment. LS, a 60 year old accountant, had gone to a restaurant/bar for an evening out with friends. Prior to going to the restaurant LS had had several drinks and she brought a plastic bottle in her car with her filled with Vodka. At the restaurant LS had several more drinks. At closing time LS and four of her friends all got in LS’s car and she headed back to drop off the friends. She was driving on a road in Westford, failed to negotiate a turn in the road, struck a utility pole – cutting the pole in half – and then smashed head on into a stone wall. Two of the women in the car were injured and had to be taken to a hospital. The other two women had only minor injuries. LS was not injured. The police, ambulances, and fire trucks all responded to the scene. The police spoke with LS and immediately saw signs of intoxication. Field sobriety tests were administered and she did not do well. The police arrested LS and at the station she blew a .16, which is twice the legal limit. This was her first offense.

LS consulted with and hired Attorney Robert Lewin from Andover. Attorney Lewin fully investigated and fully prepared the case and reviewed all the police reports and witness statements with LS. Attorney Lewin explained to LS all her options in detail. She could fight the case and have a trial or she could work out a plea. The bare minimum penalty for a first offense OUI is a continuance without a finding for 1 year with a 45 day loss of license and completion of the first offender DUI program. That is the typical first offense disposition in a case with no accident and no injuries. When you add in an accident and injuries to two passengers the penalties typically go up. Instead of a continuance without a finding, the DA (and some Judges) sometimes want a guilty finding. Instead of a 45 day loss of license, the DA (and some Judges) want a longer loss of license. And in a case with bad injuries the DA and the Judges may want a suspended jail sentence or sometimes a committed jail sentence. Attorney Lewin explained all this to LS. Without hesitation, LS told Attorney Lewin that she wanted to work out a plea in the case. LS made it very clear to Attorney Lewin that she did not want to go to trial.

Attorney Lewin contacted LS’s insurance company to make certain that all the injuries to people (the two injured passengers) and damage to property (the utility pole and the stone wall) would be paid for by the insurance company. This helps in negotiations with the DA. Attorney Lewin then met with the Assistant DA and gave the DA background information about LS.

November 27, 2022

Another Harassment Prevention Order Beaten

by Robert D. Lewin

BP is a contractor who builds expensive houses. He entered into a contract to build a house for JW, a wealthy businessman. Three days before the sale was to take place there was a fire in the house. A dispute arose between BP and JW about what to do. JW filed a civil lawsuit against BP to force BP to rebuild the house and finish the sale. The lawsuit was not going well for JW. JW then filed for and obtained an emergency Harassment Prevention Order against BP. The order had a court hearing date of November 17, 2022 in Dedham District Court. JW claimed that on three occasions BP threatened him and on one of those occasions BP tried to run JW over with his truck. BP had a lawyer from a large Worcester-Boston law firm who was representing BP in the civil lawsuit. That lawyer referred BP to Attorney Robert Lewin of Andover to handle the Harassment Prevention Order case. BP met with Attorney Robert Lewin (over zoom) and hired Attorney Lewin.

Attorney Lewin thoroughly prepared the case. There were witnesses present during two of the three incidents. Attorney Lewin interviewed those witnesses and had them present at the court hearing. In addition, BP had taken a number of photos of JW; the photos were helpful because they showed JW following BP throughout the Town of Wellesley. In reality, those photos showed that JW was NOT in fear of BP.

Attorney Lewin prepared a lengthy Memorandum of Law for the Judge. On November 17, 2022 Attorney Lewin, BP, BP’s two witnesses, and JW and his lawyer appeared in Dedham District Court for the hearing. The Judge had read all the court papers including the Memorandum that Attorney Lewin had prepared. The hearing (really a trial) lasted 2 1/2 hours. Attorney Lewin had BP and his two witnesses testify and introduced into evidence the photos that BP had taken. At the end of the hearing the Judge ruled that JW had not met his burden of proof. The Judge vacated (terminated) the order forthwith (immediately).