In August of 2014 MD, a 48 year old woman from NH, was a passenger in a car with NH plates that was being observed by under cover cops in Lawrence. The police observed the car being driven in an area which the police said was a high crime area – specifically for sales of heroin. The car stopped and a woman approached and was let into the car. The car drove around the block and then the woman was let out. The police believed that a drug transaction had taken place in the car and pulled the car over. A subsequent search of the car and MD’s pocketbook revealed packets of heroin and straws. Both MD and the woman driving the car were arrested and charged with possession of heroin. MD went to Lawrence District Court and was appointed a public defender. Eventually MD entered the Essex County Drug Diversion Program. As part of the program MD was subject to random drug testing. MD failed to appear for several of her drug tests and then tested positive. MD was sent a notice that she was being terminated from the Drug Diversion Program and she was ordered to appear in Court. MD failed to appear in Court and a warrant was issued for her arrest.
MD is not a citizen; she was born in Portugal and is a resident alien subject to deportation for a drug conviction. MD contacted Attorney Robert Lewin from North Andover. MD met with Attorney Lewin. Attorney Lewin reviewed the police reports and he reviewed the facts closely with MD and was convinced that the stop of the car and the search of the car that followed were illegal. Attorney Lewin told MD that a Motion to Suppress the Evidence should be filed. MD retained Attorney Lewin. On April 9, 2018 Attorney Lewin brought MD into Lawrence District Court; the warrant was cancelled and the MD was released and the case was continued to June 6, 2018 for the filing of a Motion to Suppress the Evidence. Attorney Lewin filed the Motion to Suppress and on June 6, 2018 the Judge continued the case for a hearing on the Motion to July 11, 2018. On July 11, 2018 Attorney Lewin and MD appeared at Lawrence District Court ready for a hearing on the Motion to Suppress. Attorney Lewin had filed a lengthy Memorandum of Law setting out precisely why the police search was unlawful.
At 10:00 AM the case was called and Attorney Lewin answered that the Defense was ready for the Hearing on the Motion to Suppress. The Assistant District Attorney announced that after reviewing the Motion and the facts of the case that Attorney Lewin was correct and the evidence should be suppressed. The Assistant District Attorney then asked the Judge to dismiss the case. The Judge looked over at Attorney Lewin; Attorney Lewin responded with a smile – “The Defense has no objection to the case being dismissed”. The Judge then ordered the case dismissed and MD walked out of the Courtroom a free woman. Once outside the Courtroom MD gave Attorney Lewin a very big hug and a kiss and thanked him profusely. It doesn’t get much better.