Massachusetts Criminal Lawyer Blog
On September 3, 2021, SA, a 34 year old certified nursing assistant from Methuen, was driving on Chelmsford Street in Methuen when she rear ended the car in front of her. She stopped for a moment and then fled the scene and drove home. The operator of the other vehicle was able to get the license plate number of SA’s car. The police responded to the accident scene and spoke to the driver of the vehicle that was struck and obtained from her the license plate number of SA’s car. The police ran the plate and learned SA’s address and then drove to SA’s home where they saw the car and spoke with SA. SA admitted her involvement and the police issued her a criminal citation for leaving the scene of a property damage accident. SA took the citation and brought it to Lawrence District Court to request a hearing. SA then looked for a lawyer and consulted with and retained Attorney Robert Lewin from Andover.
Attorney Lewin contacted SA’s insurance company to make certain that the claim for the property damage to the other vehicle would be covered. Subsequently, Attorney Lewin obtained written confirmation from the insurance company that the claim would be paid. Attorney Lewin also spoke to the Methuen Police Prosecutor and advocated for the case to be settled at the Clerk-Magistrate hearing without a criminal complaint being issued against SA. On October 14, 2021 SA and Attorney Lewin appeared at Lawrence District Court for a Clerk-Magistrate Hearing. The Clerk-Magistrate was concerned that there was no input from the driver of the other car or her attorney. The Clerk-Magistrate suggested that he was willing to not issue a criminal complaint but wanted input from the driver of the other car or her attorney. The hearing was continued for a month. Attorney Lewin contacted the lawyer for the driver of the other car and was able to get a written statement from him that both he (the lawyer) and his client (the driver of the car that SA struck) had no objection to the Clerk-Magistrate NOT issuing a criminal complaint against SA.
On November 18, 2021 SA and Attorney Lewin appeared again at Lawrence District Court. Attorney Lewin presented the written confirmation from the Attorney for the other driver that they had no objection to the Clerk-Magistrate not issuing the complaint. The Clerk-Magistrate then DENIED the police application for the criminal complaint and the matter was dismissed.
Attorney Lewin explained to SA that this meant the following:
- NO criminal complaint has been issued against SA.
- SA was NOT charged with any criminal offense.
- SA did NOT have to return to court and go before a Judge.
- SA has NO criminal record as a result of this disposition.
- NO entry was made under SA’s name in the criminal record keeping system (CORI).
SA was thrilled and gave Attorney Lewin a big hug! Attorney Lewin smiled and said it just doesn’t get much better!