Massachusetts Criminal Lawyer Blog

October 14, 2024

Another Hit & Run Case To Be Dismissed

On March 27, 2024,CG, a 53 year old nurse from Beverly, was driving from her home in Beverly to Shop & Shop. It was in the mid-afternoon. As she traveled down a residential street, she noticed a small truck with a trailer attached, parked on the right hand side of the street. As she passed by the truck she heard a bang. She did not see anyone around and she continued down the street. She went to Stop & Shop and in the parking lot she noticed that her passenger side mirror was damaged and that pieces of the mirror were missing. She then returned to the place where the truck had been. She slowly drove by and did not notice the police officer and man that were standing off to the side. She did not stop and continued home. The man who’s truck had been hit actually got CG’s plate number and a description of her car at the time of the crash and gave that information to the police. The Beverly police then issued a citation to CG for leaving the scene of a property damage accident and no inspection sticker. (The inspection sticker on her car had expired.) CG failed to attend a Clerk-Magistrate hearing (big mistake) and a criminal complaint was issued against her for leaving the scene and no inspection sticker. CG met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin immediately began his investigation of the case. It turned out that the damage to the truck was quite minor. There was a ladder on the back of the trailer that was knocked loose. The ladder simply needed to be reattached to the back of the trailer. Attorney Lewin spoke to CG’s insurance company to determine if any claim had been made and none was made. Attorney Lewin then met with the Assistant DA handling the case and was able to get the Assistant DA to agree to what is called a “general continuance” of the case. A general continuance is when the case is simply left open for a period opt time and then dismissed. It is NOT a plea bargain. There is no guilty plea; there is no admission of any kind. At the end of the period of time the case is dismissed. Attorney Lewin calls a “general continuance” a dismissal that takes a little time to get there. (It is quite different from a “cwof – a continuance without a finding”. A cwof is a plea bargain and involves an admission of guilt; a general continuance involves no admissions of guilt at all.)

On October 11, 2024, CG and Attorney Lewin appeared in Salem District Court and the Judge continued CG’s case generally for six months. At that time – if CG stays out of trouble – the criminal charge of Leaving the Scene will be DISMISSED. In addition, the Judge entered a finding of NOT responsible on the inspection sticker violation. Attorney Lewin explained that right after this incident CG went and had her car inspected and got a sticker.

September 23, 2024

Another Shoplifting Charge Avoided

by Robert D. Lewin

On August 15, 2024, BS, a 57 year old professional woman, went to the Target store in Danvers. She shopped and filled up a shopping cart with merchandise. She then went to the self-checkout area and began to scan her items. When she was done scanning she paid $313.64 on her credit card and then headed out of the store. Just as she got out of the store she was stopped by store security and then brought back into the store to the loss prevention office. There was $276.87 in merchandise in her cart that she had not paid for. There was video of her at the self-checkout which allegedly showed her not scanning certain items. BS was told she would receive a notice from the Salem District Court. BS consulted with and retained Attorney Robert Lewin from Andover.

BS insisted that she did not intentionally fail to scan anything. Apparently there were some items at the bottom of her cart that she mistakenly forgot to scan. The Danvers Police had been called to the store and Attorney Lewin was able to obtain a copy of the Danvers Police report. That report seemed to corroborate what BS was saying. Attorney Lewin made contact with the loss prevention officer form the store and advocated for the store not to seek a criminal complaint.

On September 20, 2024, BS and Attorney Lewin appeared at Salem District Court for the hearing. Attorney Lewin was thoroughly prepared. Attorney Lewin furnished a copy of the Danvers Police Report to the Clerk Magistrate. That report (which the store did not want the Clerk-Magistrate to see) corroborated what BS was saying.

September 12, 2024

Furnishing Alcohol to a Minor Child – NO Probable Cause

by Robert D. Lewin

On August 22, 2024, VM, a 43 year old Medical Practice Manager, co-hosted a high school graduation party for his niece. The party was held at a friend of VM’s house in Methuen. VM’s family and nine friends of VM’s niece were invited and attended. The friends of VM’s niece were all under age 21. At the party there was hard liquor and beer available that had been put out by the home owner. The party got a bit loud, someone called the police, the police arrived, and saw the alcohol and charged both the homeowner and VM with furnishing alcohol to minors. The home owner had a clerk-magistrate hearing, represented himself, and the clerk-magistrate issued a criminal complaint against him for furnishing alcohol to a minor.

VM contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin took a detailed statement of the facts from VM and from his niece and it became very apparent that VM had NOT furnished alcohol to anyone. Attorney lewin obtained the police report and there was nothing in the police report that indicated that VM had furnished alcohol to anyone. The police were relying on the fact that VM had co-hosted the party and was therefore responsible for making alcohol available to the minors. Attorney Lewin contacted the Methuen Police prosecutor prior to the hearing and advocated that there was no evidence that VM had done anything wrong.

On September 12, 2024, VM, his niece, and Attorney Lewin went to Lawrence District Court for the hearing. The Clerk-Magistrate listened to the police presentation. Attorney Lewin then argued to the Clerk-Magistrate that there was NO evidence that VM had furnished alcohol to anyone. The Clerk-Magistrate agreed with Attorney Lewin and made a finding of NO probable cause and DENIED the police application for a criminal complaint.

September 10, 2024

Negligent Operation Charge Avoided

by Robert D. Lewin

On Friday, May 31, 2024, LO, a 25 year old prep-cook, was on her way to work and was running late. She came to an intersection in Haverhill and had a red light. She ran the light almost causing an accident – all in the view of a Mass. State Trooper who was sitting in his patrol car. The officer immediately put on his blue lights and pulled LO over. He gave her a citation for Negligent Operation (which carries a 60 day loss of license) and Failure to Stop for the Red Light.

LO contacted Attorney Robert Lewin from Andover and retained Attorney Lewin. Attorney Lewin instructed LO to immediately bring her citation to Haverhill District Court and request a hearing. LO did that and a hearing was set up for August 6, 2024. Attorney Lewin reached out to the State Police Prosecutor and advocated on LO’s behalf with the police prosecutor. On August 6, 2024, Attorney Lewin and LO appeared in Haverhill District Court. Although there was probable cause to issue the criminal complaint against LO for the Negligent Operation and the Failure to Stop charges, Attorney Lewin pointed out that LO had no criminal record and no driver record. Attorney Lewin advocated for the Clerk-Magistrate to NOT issue a criminal complaint against LO. Attorney Lewin had fully prepared LO to address the Clerk-Magistrate.

The police prosecutor told the Clerk-Magistrate that he had no objection to Attorney Lewin’s request. The Clerk-Magistrate then continued the hearing for six months to February 4, 2025 and ordered that if LO was in no further trouble with the law then then entire matter would be dismissed on that date.

August 10, 2024

HIT & RUN: ABSOLUTELY NOT GUILTY

by Robert D. Lewin

On January 11, 2024, SR, a 68 year old retired salesman, went to s store in a strip mall in Tyngsboro. He did some shopping and then walked to his car. He got in his car and left the mall and drove to his destination in New Hampshire. He never hit anything nor anyone. Later he received a phone call from the Tyngsboro police. They asked if he had been at the mall and he said yes. They asked if he had collided with another vehicle and he said absolutely not. The police told him that they had a witness who saw him strike the vehicle, pause, and then drive away without stopping. Moreover, the police said that the witness had taken a picture of SR’s car and his license plate. In addition the initial police report recited that the police had a video from the mall security cameras that recited that “a vehicle matching the description of SR’s vehicle” backed out of a parking space, struck another vehicle, pause, and then take off”. The police felt they had an open and shut case. The police issued SR a citation for leaving the scene of a property damage accident. SR requested a Clerk-Magistrate hearing. SR went to the hearing without a lawyer and the Clerk-Magistrate issued a criminal complaint against SR for Leaving the Scene. SR was shocked as he knew that he had not struck another vehicle.

SR consulted with and hired Attorney Robert D. Lewin from Andover. On June 18, 2024, SR and Attorney Lewin appeared in Lowell District Court for SR’s arraignment. Attorney Lewin had prepared and filed a Motion for Discovery that sought production of the video and photographic evidence. At the arraignment the Judge allowed the Motion and ordered the DA to furnish the video and photos to Attorney Lewin by the next court date (August 7, 2024). SR insisted to Attorney Lewin that he was absolutely innocent and if there was a video it would prove him innocent. Attorney Lewin began to hound the DA’s Office for a copy of the video. Attorney Lewin sent a flurry of emails and made a number of phone calls to the DA demanding a copy of the video. It became obvious that the DA (and the police) were having some issue with producing the video. It appeared that someone was hiding something; that no one wanted Attorney Lewin and SR to see the video.

On August 7, 2024, SR and Attorney Lewin appeared in Lowell District Court. Attorney Lewin was ready to raise the roof off the Courthouse because the DA had failed to produce the video. At 8:45 AM the DA approached Attorney Lewin and handed Attorney Lewin a “supplemental” police report. The “supplemental” police report recited that upon closer examination of the video it was clear that it was a woman who entered a vehicle (not SR’s vehicle) and then backed up and struck the other vehicle. And then the woman stopped, got out of her car, and went back into the mall. The video clearly showed that SR’s vehicle was NOT involved and that SR was NOT involved. The DA told Attorney Lewin that they would be filing a dismissal of the charge. At 9:00 am the case was called and it was dismissed.

August 10, 2024

Violation of a Protective Order – NOT GUILTY AFTER TRIAL

by Robert D. Lewin

TD is a 57 year old investigative reporter and publisher of a monthly newspaper in the Merrimack Valley. A woman in New Hampshire whom he was investigating obtained a protective order against TD. The order required him to stay away from her and to not enter upon her place of employment. On April 20, 2024, TD attended an engagement party at a church in Methuen. During the course of the party, TD posted a picture on Facebook showing him at the party within the church. Unbeknownst to TD, the woman allegedly had an office within the church and used the church to run certain functions. While at the engagement party, TD learned that the woman used the parking lot of the church to park her vehicles. Upon learning this, TD immediately left the engagement party. TD went home and went to bed. At one in the morning the police were at his door, woke him up, arrested him for allegedly violating the order, cuffed him, and brought him to the police station. TD was denied bail and spent the remainder of the weekend in jail.

TD had a lawyer who handles his civil affairs. He called the civil lawyer from the jail and the civil lawyer called Criminal Law Attorney Robert Lewin from Andover. On Sunday, April 21, 2024 Attorney Lewin went to the Methuen Police Station and met with TD. Attorney Lewin agreed to represent TD. At the police station, Attorney Lewin was able to gather all the information he needed to represent TD the next morning at TD’s Arraignment in Lawrence District Court. On Sunday night, Attorney Lewin prepared a lengthy memorandum for the Judge setting forth the reasons why TD should not be held on bail, but rather released. On Monday, April 22, 2024, TD was transported to court by the police. TD was arraigned and the Judge agreed with Attorney Lewin that TD should be released and he was released. The case was continued to May 23, 2024 for a pre-trial and the case was then set down for trial on July 29, 2024. Attorney Lewin, working with TD, fully prepared the case for trial. There were five defense witness whom Attorney Lewin spoke with in detail. The witnesses were fully prepared to testify. Attorney Lewin fully prepared TD to testify. In addition, Attorney Lewin had taken a series of pictures of the exterior of the church which proved very helpful at the trial. TD himself was an extremely helpful and cooperative client.

On Tuesday, July 29, 2024, the case was called for trial by jury in Lawrence District Court and both sides answered that they were ready for trial. The trial went all day on Tuesday and the jury got the case on Wednesday mid-morning. Attorney Lewin made a very forceful closing argument to the jury. It took the jury 36 minutes to return with a verdict of NOT guilty. TD gave Attorney Lewin a bear hug in the Courtroom! It just doesn’t get much better.

June 9, 2024

DESTRUCTION OF PROPERTY CHARGE AVOIDED

by Robert D. Lewin

KM, a strikingly beautiful 22 year old single mom, made a poor choice of boyfriend. She had an apartment in Methuen and he moved in with her. She became pregnant and then the boyfriend cheated on her. How did KM know? She found a video on the boyfriend’s cell phone of the boyfriend and the “other woman” having sex! In a moment of anger, KM broke the bathroom door in the apartment and put a whole in the wall. Yes, she has a temper. The boyfriend called the police. (You can’t make this stuff up.) The police came, investigated, and applied for a criminal complaint against KM for malicious destruction of property in Lawrence District Court. The application was set down for a Clerk-Magistrate hearing on January 30, 2024. KM consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin contacted the Police prosecutor and explained the entire episode to the police prosecutor. KM had a family member who could do repair work and could fix the door and the wall.

On January 30, 2024, KM and Attorney Lewin appeared in Lawrence District Court for the Clerk-Magistrate Hearing. Attorney Lewin explained the situation to the Clerk-Magistrate. Attorney Lewin proposed that the Clerk-Magistrate take no action on the application for criminal complaint and continue the hearing for 3 months to give KM an opportunity to fix the door and fix the hole in the wall. The Clerk-Magistrate (and the police prosecutor) agreed with Attorney Lewin’s suggestion and the hearing was continued to April 30, 2024. The Clerk-Magistrate said that if the repairs were completed before that date the no one had to come to court and the matter would be dismissed.

June 8, 2024

Another Hit & Run Charge Avoided

by Robert D. Lewin

On August 30, 2023, NN, a 44 year old software engineer from Rowley, was on his way home at about 1:20 in the morning after a “night out”. As he prepared to make a right turn onto his street, he missed the street. So he put his car into reverse and proceeded to back up. Unfortunately, he backed up into a neighbor’s driveway, striking the front end of a pick up truck that was parked in the driveway, pushing the back end of the pickup truck into the side of the garage causing damage to both the pickup truck and the garage. Not realizing what he had done, NN put his vehicle in drive and pulled out of the driveway and pulled into his own driveway, went in his house, and went to sleep!

Unfortunately for NN, parts of his car were left in the neighbor’s driveway and it did not take the police long to figure out that it was NN’s vehicle that had caused the damage. The police contacted NN and he made admissions to the police that he had been driving that early morning, but he had no memory of the accident. The police served a citation for leaving the scene of a property damage accident on NN, and a Clerk-Magistrate Hearing was scheduled in Newburyport District Court for October 25, 2023. NN consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin contacted the homeowner whose truck and house had been damaged. Fortunately for NN the cost to repair the damage to the house and the pickup truck was not great. NN did not want to be surcharged on his insurance. Attorney Lewin was able to negotiate a reasonable settlement of the damage to the truck and the house which NN was more than willing to pay. Attorney Lewin then spoke to the police prosecutor from Rowley and explained that Attorney Lewin had been able to arrange for the neighbor to be fully paid for the damage that had been caused. In return, Attorney Lewin was able to get the police to agree that at the Clerk-Magistrate Hearing the police would not be opposed to a criminal complaint NOT being issued against NN.

June 4, 2024

Another Domestic Assault & Battery Charge Avoided

by Robert D. Lewin

On Saturday, April 13, 2024, DP, a 49 year old registered nurse from Andover, went to her ex-husband’s house. She had just finished a work shift and had called her two young daughters who were at her ex-husband’s house for his parenting time. When she called she could tell that he had been drinking and was not sober. She immediately drove to his house from her work to get the girls (ages 11 and 9). When she got there and went to check on the girls, he blocked her way. She pushed him out of the way and in the process cut his lip. He called 911 and the police came. The police did not arrest her, but told her she would be summonsed to court. Shortly thereafter, DP received a notice from Lawrence District Court that an Application for Criminal Complaint had been filed against her by the Andover Police for domestic assault and battery and that a hearing would be held on May 30, 2024 to determine if a criminal complaint would be issued against her. DP consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin felt it would be outrageous if in these circumstances DP would be charged. She went to the house to protect her daughters. Attorney Lewin immediately contacted DP’s ex-husband and he agreed (!) that DP should not be charged. Attorney Lewin had a lengthy communication with the Andover Police Prosecutor and laid out all the facts for him.

On May 30, 2024, DP and Attorney Lewin (and DP’s ex-husband) appeared at Lawrence District Court for a Clerk-Magistrate Hearing. Attorney Lewin had DP’s ex-husband testify that he did not want a criminal complaint to be issued against DP. Attorney Lewin explained all the circumstances to the Clerk-Magistrate. The Clerk-Magistrate agreed with Attorney Lewin and denied the application for criminal complaint and dismissed the case.

June 2, 2024

Driving After Suspension Charged Dismissed at Clerk-Magistrate Hearing

by Robert D. Lewin

On April 19, 2024, JH, a 25 year old financial assistant at a large university, got pulled over by the Andover Police for driving on a suspended license. Three days later JH contacted Attorney Robert Lewin from Andover. Attorney Lewin instructed JH to immediately (that same day) request a Clerk-Magistrate Hearing at Lawrence District Court. Attorney Lewin could see that the suspension of the license was due to a snafu at the RMV. Attorney Lewin instructed JH as to what he should do to get his license reinstated at the RMV. Two days later, JH, following Attorney Lewin’s instructions, was able to get his license reinstated.

On May 30, 2024, Attorney Lewin and JH went to Lawrence District Court for a Clerk-Magistrate Hearing. Prior to the hearing, Attorney Lewin had spoken with the Andover Police Prosecutor and had explained the snafu at the RMV and had furnished the prosecutor with a copy of JH’s new license. At the hearing, Attorney Lewin explained the situation to the Clerk-Magistrate. The Clerk-Magistrate then declined to issue a criminal complaint against JH and dismissed the case.

Although this was a relatively simple case, it was thoroughly prepared by Attorney Lewin. JH was an excellent client and followed Attorney Lewin’s instructions. The preparation paid off and the case was dismissed without a criminal complaint issuing against JH. Attorney Lewin explained to JH the following: