Violation of an Abuse Prevention Order – NOT Guilty after Jury Trial

BK, a 34 year old business owner, had been ordered to have no contact with his ex-wife and to stay 100 yards away from her and her home. He was accused of violating the order by driving in front of her house, slowing his vehicle down, giving her the middle finger, and yelling “F..K You” twice at her. She testified that she had been sitting by her front window in her living when this happened and that she was texting someone at the time so she had her phone in her hand and she took a picture of his vehicle. This allegedly happened in Marblehead and she testified that she was familiar with his Black Chevy Tahoe, that she new his voice when he yelled at her, and that she saw his face in the vehicle. It turns out that BK’s vehicle was towed to a repair shop 2 days before the date of the alleged crime and was inoperable for two weeks. BK actually had a picture on his cell phone, time and date stamped, that showed his vehicle on the tow truck being driven away by the tow truck driver two days before the alleged incident. BK also had photos that BK had taken at his son’s basketball game at a time shortly before the alleged incident.

BK had been represented by another attorney and was unhappy with the lawyer. BK contacted Attorney Robert Lewin from Andover and came for an initial consult. BK was very happy with the attention Attorney Lewin gave him. They discussed all the evidence, photos, and witnesses. BK hired Attorney Lewin. The case was scheduled for trial on November 7, 2023 in Lynn District Court.

In the weeks leading up to the trial BK came to Attorney Lewin’s office for two long trial preparation sessions. BK did not feel he would be a good witness. Attorney Lewin told him otherwise. and Attorney Lewin thoroughly prepared BK to testify.

On November 8, 2023 Attorney Lewin, BK, and a defense witness appeared at Lynn District Court and the case proceeded to jury trial. BK’s ex-wife testified as indicated above and she pointed BK out to the jury as the person that did this.¬† Attorney Lewin, through cross-examination, of BK’s ex-wife and through cross-examination of her witness and the police was able to show some glaring contradictions in their testimony.

BK then testified and BK’s witness testified. Their testimony went very well because they had been prepared. The Jury went out to deliberate ay 2:38 pm on November 7, 2023. At 2:48 pm the Court officer reported that there was a verdict. At 2:53 pm the Jury came back into the courtroom and when asked by the Clerk “What say you, is the Defendant¬† Guilty or not guilty?” the foreperson of the Jury responded “NOT guilty.” It was a terrific victory for BK.

Attorney Lewin’s attention to detail in every case and his ability and willingness to prepare an accused to testify greatly enhances the chances of winning. Attorney Lewin’s record of successful defense in these Domestic Abuse Cases and Violation of Restraining Order cases is remarkable.

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