Massachusetts Criminal Lawyer Blog
On December 29, 2023, MF, a 35 year old nursing student, was stopped by the State Police on Route 1 in Saugus. The police cited him for an array of offenses:
- Operating an Uninsured Motor Vehicle
- Operating a Motor Vehicle After Suspension of the Registration
- Operating an Unregistered Motor Vehicle
- Speeding
- No Inspection Sticker
- Following Too Close
MF did not request a Clerk-Magistrate Hearing. It took a year before the court sent him a summons for an arraignment. His arraignment was set down for January 16, 2025. After receiving the summons, MF contacted and retained Attorney Robert Lewin from Andover.
Given the age of the case, Attorney Lewin examined the Court file to see if there had been a violation of the six-day rule. The six-day rule requires the police to file the court copy of the citation along with their application for criminal complaint with the Clerk-Magistrate of the court within six business days of the date of the violation. This is a little known rule that Attorney Lewin has used to great success in getting motor vehicle and traffic offenses dismissed. Unfortunately for MF, the police had complied and had filed their paperwork at the court within the six business days.
Attorney Lewin explained to MF that if Attorney Lewin could show the DA that since the date of the violation that MF got the car insured, got the car registered, and got an inspection sticker that he might be able to make the case “go away” – i.e. Dismissed. MF was a good client and furnished to Attorney Lewin the new registration for the car, the new insurance police for the car, and a copy of the new inspection sticker on the car.
On January 16, 2025 MF and Attorney Lewin appeared in the First Crimimal Session at Lynn District Court. Attorney Lewin sat down with the Assistant District Attorney and furnished to the Assistant DA copies of the new registration, the new insurance policy, and the new inspection sticker. Attorney Lewin asked the Assistant DA to dismiss the two crimimal charges. Attorney Lewin also asked the Assistant DA to agree to NOT Responsible findings on the four civil motor vehicle offenses (this was a stretch). Attorney Lewin explained to the Assistant DA that MF had spent a lot of money getting the car registered, insured, and inspected and that he had hired a private attorney. The Assistant DA agreed!
At about 9:30 am on January 16, 2025 the case was called. Attorney Lewin and MF went up before the Judge. The Assistant DA told the Judge that the Commonwealth had agreed to DISMISS the two crimimal charges and that the Commonwealth had agreed that MF could be found NOT responsible of the four civil traffic offenses. The Judge followed what Attorney Lewin and the Assistant DA had agreed to.
Needless to say, MF walked out of the Courtroom a happy man. MF gave Attorney Lewin a firm handshake and said to Attorney Lewin that he was a Titan among lawyers!
Getting results like this is common for Attorney Lewin. He was an Assistant District Attorney himself from 1971-1974 and for the last 51 years he has limited his practice to criminal defense. There are very few lawyers that bring this level of experience and expertise to defending criminmal and traffic offenses.