Massachusetts Criminal Lawyer Blog
On March 30, 2019 SS, a 30 year old landscaper from Haverhill and his live in girlfriend got into an argument. They had both been drinking and the argument got heated. They live in an apartment building. A neighbor heard the argument and then heard a banging sound and the sound of a body being banged against the wall and then dropping to the floor. The neighbor then heard SS yell “Is this what you f—ing want?”. The neighbor called 911 and the Haverhill Police responded. The girlfriend told the police that SS had slammed her to the ground causing her whole body to hurt. SS told the police that she had attacked him and he simply put his hands up and pushed her away to avoid getting hit by her.
SS had an initial consultation with and hired Attorney Robert Lewin from North Andover. At first SS wanted to work out a plea bargain in the case. Attorney Lewin told SS that his case was a triable case. SS then changed his mind and told Attorney Lewin that he wanted to fight the case. On April 22, 2019 the Haverhill District Court set a trial date of July 9, 2019.
Attorney Lewin met with the girlfriend. Because SS and the girlfriend were not married she did not have a “spousal privilege” which would allow her to refuse to testify. Because there was evidence that the girlfriend had attacked SS the girlfriend did have a Fifth Amendment privilege which would permit her to refuse to testify in the case. The girlfriend told Attorney Lewin that she wished to exercise her Fifth Amendment privilege.
Attorney Lewin met with SS for two lengthy trial preparation sessions in the weeks leading up to the trial date. Attorney Lewin thoroughly prepared SS to testify at the trial. Attorney Lewin played the part of the District Attorney and prepared SS for cross-examination. Working together Attorney Lewin and SS (and the girlfriend) were thoroughly prepared for the trial.
On July 9, 2019 SS, the girlfriend, and Attorney Lewin appeared in Haverhill District Court. Attorney Lewin put the girlfriend in touch with the District Attorney. The case was called and Attorney Lewin answered that he and SS were present and ready for trial. The Assistant District Attorney answered that the victim (the girlfriend) did not want to testify and that the Commonwealth was not ready. Attorney Lewin immediately asked the Judge to dismiss the case and the Judge granted Attorney Lewin’s request and the case was ordered DISMISSED. Attorney Lewin, SS, and SS’s girlfriend all left the Courthouse a happy bunch.
Even though the case was dismissed without a trial, SS and Attorney Lewin were thoroughly prepared. Having been an Assistant District Attorney for five years, it was easy for Attorney Lewin to prepare SS for the questions he would be asked by the DA. It is this type of trial preparation that Attorney Robert Lewin gives to every client and every case.