Massachusetts Criminal Lawyer Blog
In 2015 , AS, then 55 years old, was convicted of Assault and Battery with a Dangerous Weapon (a felony) and Assault and Battery on a Household Member, Subsequent Offense in Haverhill District Court. He was sentenced to 22 months in the House of Correction in Middleton. AS served his time and upon release from the House of Correction he immediately moved to South Carolina. Because he was convicted of a felony, Massachusetts law required that he give a DNA Sample. AS never gave a DNA sample. In 2021, the South Carolina Department of Motor Vehicles informed AS that they would not renew his license because he had an outstanding warrant in Massachusetts. AS contacted Massachusetts and learned that there was a warrant outstanding in Haverhill District Court on a criminal complaint for failing to give a DNA sample. AS consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin told AS that if they could arrange for AS to give a DNA sample in South Carolina for Massachusetts that Attorney Lewin may be able to get the warrant cleared and the criminal charge dismissed without AS having to come to MA.
Attorney Lewin immediately contacted the DNA lab at MA State Police Headquarters. Attorney Lewin also was able to determine the South Carolina State Agency in charge of DNA samples in the county where AS lived. Attorney Lewin was successful in getting the MA State Police Lab to send a DNA kit to the South Carolina DNA Agency. AS went in to the agency in South Carolina and gave the DNA sample and South Carolina then sent the DNA kit to MA. AS also had to pay the $110.00 DNA fee to MA. Attorney Lewin then obtained written confirmation that AS was now in full compliance with the DNA Law.
Attorney Lewin then prepared and filed in Haverhill District Court a Motion to Waive AS’s physical appearance in Court, cancel the warrant, and dismiss the case. On November 23, 2021 Attorney Lewin appeared in Haverhill District Court. AS was present on the zoom from South Carolina. Attorney Lewin had spoken with the Assistant District Attorney before the Court hearing and had given the Assistant DA a copy of the written confirmation that AS was in full compliance with the DNA law. When the case was called Attorney Lewin explained that AS was now in full compliance with the law. The Judge granted Attorney Lewin’s request that AS could appear by zoom. The Judge ordered the warrant cancelled and the case dismissed.
Needless to say AS was thrilled with the result and thrilled with the fact that he did not have to return to Massachusetts.