Clearing Warrants

December 18, 2024

BMC Brighton – Warrant Cancelled: All Motor Vehicle Charges DISMISSED Prior To Arraignment.

On August 5, 2024, JT, a 40 year old Nurse was living in Cambridge. JT owned a car but was not using it and had it parked in her driveway. In Massachusetts you must have a car registered and insured in order to legally park it in your driveway. The car was in fact insured; however, it was not registered. She had an old set of out of state plates that belonged to her boyfriend. She attached those plates to the car to make it appear as if the car was registered. On the night of August 5, 2024 JT and her boyfriend got into an argument and he left their apartment. JT went out to look for him and fired up the car and drove into Boston looking for him. She got pulled over for speeding by the State Police. That is when the trouble started. The State Trooper ran the plates that were on the car and discovered they came back to another vehicle that did not belong to her. The Trooper ordered her out of the car; had the car towed; and cited her for two criminal offenses (wrongfully attaching plates and operating an uninsured vehicle) and two civil infractions (speeding and operating an unregistered vehicle). JT failed to request a Clerk-Magistrate Hearing (big mistake – as the case probably could have been resolved at a Clerk-Maguistrate Hearing without any charges beuing issued against her). The case was set down for an arraignment on Tuesday, December 3, 2024. JT failed to appear for her arraignment and a warrant for her arrest was issued at Brighton Municipal Court. The Court then notified JT that a warrant for her arrest had been issued by the court.

On Thursday evening, December 12, 2024, JT contacted and retained Attorney Robert Lewin from Andover. The next day, Friday, December 13, 2024, Attorney Lewin obtained copies of the police report and all the court papers. It was immediately obvious to Attorney Lewin that the police had failed to comply with the no-fix ticket law. That law requires the police, among other things, to file the citation with the court within 6 business days of the violation. (Most lawyers have never even heard of the six day rule – but Attorney Robert Lewin knows the rule well and uses it all the time to get cases dismissed.) Over the weekend, Attorney Lewin prepared a Motion to Dismiss ALL the charges against JT due to the police failure to comply with the six day rule.

On Tuesday, December 17, 2024, Attormey Lewin and JT appeared in Boston Municipal Court – Brighton Division. Attorney Lewin had his Motion to Dismiss all prepared and ready to file at Court. First, however, Attorney Lewin went down to the District Attorney’s Office to speak with the Assistant District Attorney. Attorney Lewin had documents to show that the car was now fully registered and insured (and that it was insured on the date JT was pulled over). Attorney Lewin explained to the Assistant DA that JT had no crimimal record, that she was a nurse, and that she was now enrolled in a graduate (Masters) degree nursing program. The Assistant DA told Attorney Lewin that the Commonwealth would agree to the warrant being cancelled, the two criminal charges being DISMISSED prior to arraignment, and that findings of NOT responsible could be entered on the two civil violations. It was a complete and total win – and Attorney Lewin never took the Motion tio Dismiss out of his briefcase!

May 27, 2024

Five Warrants in Two Courts – ALL CLEARED IN TWO DAYS

by Robert D. Lewin

In 2013 MC, then a 40 year old female, racked up 4 larceny cases in Lowell District Court (3 of them felonies) and 1 felony larceny case in Woburn District Court. In 2013 she got all the cases resolved with a probationary term. She failed to comply with all the terms of probation: she did not report to probation, she did not submit to drug and alcohol testing, and she did not pay her court fees and fines. All five cases went into warrant status. She was “on the run”: for the last 11 years. She got tired of running and not having a driver license.

On May 15, 2024 she called Attorney Robert Lewin from Andover. They had a lengthy conference on the phone. Attorney Lewin was able to view all her cases online. Attorney Lewin could see the following:

MC had truly rehabilitated herself.

January 20, 2022

Warrant Cancelled – Charges Dismissed – In Less Than Two Hours

by Robert D. Lewin

In May of 2021, AM, a 41 year old cleaner, got pulled over by the Methuen Police and was cited for Operating After Suspension, Operating an Uninsured and Unregistered Motor Vehicle, Wrongfully Attaching Plates, and Failing to Stop. AM changed addresses and never received the summons to go to Lawrence District Court and a warrant was issued for his arrest. AM forgot about the case and when he went to renew his license he was told he had a warrant in Lawrence District Court. AM became concerned that he would get picked up on the warrant and held. He sought out an attorney. AM spoke with and retained Attorney Robert Lewin from Andover.

AM wanted to go into court immediately to get the warrant cleared. On January 20, 2022 AM and Attorney Lewin went into Lawrence District Court at 8:30 AM. Attorney Lewin went into the Clerk-Magistrate’s Office and had the case put on the Court List for hearing that day. Attorney Lewin brought AM into the probation office where probation did an intake interview. Attorney Lewin then spoke with the Assistant District Attorney in charge of the Lawrence office. After speaking the with Assistant DA, an agreement was reached where all the charges would be dismissed on the payment of $300.00 in court costs.

Shortly before 10:00 AM the case was called. The Judge ordered the outstanding warrant cancelled. The Judge asked Attorney Lewin and the Assistant DA if the case could be resolved. Attorney Lewin told the Judge the parties had reached an agreement for the criminal charges to be dismissed upon the payment of $300 in Court Costs. The Judge adopted the agreement. So, less than 2 hours after AM and Attorney Lewin entered the courthouse the warrant was gone and the cases were dismissed.

January 17, 2022

Warrant Cleared – Case Dismissed – 2 Hours

by Robert D. Lewin

On October 6, 2020, JG, a 25 year old man from Brazil, was stopped by the Danvers Police and issued a citation for Unlicensed Operation of a Motor Vehicle. Her ignored the citation. He and his wife left the country and when they tried to return they were stopped at the Canadian Border and were denied entry back into the US. The reason: he had a warrant in Salem District Court for that unlicensed operation. JG called Salem District Court and was told he had to come back or he had to get a lawyer and see if the lawyer could resolve the case for him. JG spoke with Attorney Robert Lewin from Andover. On On Friday, December 31. 2021 JG paid Attorney Lewin’s legal fee by wire transfer from Canada. On the next business day, Monday, January 3, 2022 Attorney Lewin went over to Salem District Court to obtain all the court papers and speak with the DA’s Office. After reviewing the Court papers and the police report Attorney Lewin felt this was a case that could be settled immediately. Attorney Lewin requested that the case be sent into the Courtroom and the Clerk-Magistrate agreed and sent the case in to be heard by the Judge. Attorney Lewin spoke with the District Attorney who agreed to dismiss the case.

The case was called and Attorney Lewin explained to the Judge that his client was in Canada and could not get back into the US because of the warrant. Attorney Lewin explained to the Judge that the DA had agreed to dismiss the case. Attorney L:ewin requested that the dismissal be entered prior to arraignment. The Judge agreed and within two hours of Attorney Lewin’s arrival at the Court the case was called, the warrant was cancelled, and the case was dismissed prior to arraignment and JG never left his apartment in Canada!

When a case is dismissed prior to arraignment no criminal record is created and no entry is made in the statewide criminal offender record information (CORI) system. Needless to say JG was a happy client.

December 11, 2021

Warrant Cleared – Case Dismissed

by Robert D. Lewin

In 2015 , AS, then 55 years old, was convicted of Assault and Battery with a Dangerous Weapon (a felony) and Assault and Battery on a Household Member, Subsequent Offense in Haverhill District Court. He was sentenced to 22 months in the House of Correction in Middleton. AS served his time and upon release from the House of Correction he immediately moved to South Carolina. Because he was convicted of a felony, Massachusetts law required that he give a DNA Sample. AS never gave a DNA sample. In 2021, the South Carolina Department of Motor Vehicles informed AS that they would not renew his license because he had an outstanding warrant in Massachusetts. AS contacted Massachusetts and learned that there was a warrant outstanding in Haverhill District Court on a criminal complaint for failing to give a DNA sample. AS consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin told AS that if they could arrange for AS to give a DNA sample in South Carolina for Massachusetts that Attorney Lewin may be able to get the warrant cleared and the criminal charge dismissed without AS having to come to MA.

Attorney Lewin immediately contacted the DNA lab at MA State Police Headquarters. Attorney Lewin also was able to determine the South Carolina State Agency in charge of DNA samples in the county where AS lived. Attorney Lewin was successful in getting the MA State Police Lab to send a DNA kit to the South Carolina DNA Agency. AS went in to the agency in South Carolina and gave the DNA sample and South Carolina then sent the DNA kit to MA. AS also had to pay the $110.00 DNA fee to MA. Attorney Lewin then obtained written confirmation that AS was now in full compliance with the DNA Law.

Attorney Lewin then prepared and filed in Haverhill District Court a Motion to Waive AS’s physical appearance in Court, cancel the warrant, and dismiss the case. On November 23, 2021 Attorney Lewin appeared in Haverhill District Court. AS was present on the zoom from South Carolina. Attorney Lewin had spoken with the Assistant District Attorney before the Court hearing and had given the Assistant DA a copy of the written confirmation that AS was in full compliance with the DNA law. When the case was called Attorney Lewin explained that AS was now in full compliance with the law. The Judge granted Attorney Lewin’s request that AS could appear by zoom. The Judge ordered the warrant cancelled and the case dismissed.

August 21, 2021

29 YEAR OLD WARRANT CANCELLED – ALL CHARGES DISMISSED IN FOUR DAYS TIME

by Robert D. Lewin

On Wednesday, July 28, 2021 Attorney Robert Lewin from Andover received a phone call from AL, a 48 year old gentleman from Florida. AL told Attorney Lewin that Florida had suspended his license because AL’s right to drive in Massachusetts was suspended due to a 29 year old warrant out of Gardner District Court. Attorney Lewin told Al that Attorney Lewin would call Gardner District Court to see what the warrant was all about. Attorney Lewin called the Court and learned that in 1992 AL had been arrested and charged with the following offenses in Gardner:

Operating After Suspension of his License
Giving a False Name to a Police Officer

April 10, 2021

THREE WARRANTS – TWO COURTS – ALL CASES DISMISSED

by Robert D. Lewin

MT, is a building and roofing contractor. He is now (April of 2021) age 57.

In 1994 he took a $5,350.00 deposit from a customer in Andover, MA but did not do the work. He was charged by the police with Grand Larceny. In 1994 he went to Lawrence District Court, was found guilty, and was ordered to pay restitution in the amount of $5,350.00. He failed to make the payment and a default warrant issued for his arrest.
In 2015 he took a $4,000.00 deposit from a couple in Chelmsford, MA but did not do the work. The police charged him with Grand Larceny and a straight warrant for his arrest was issued by Lowell District Court. (A straight warrant simply means the court did not summons him; rather than a summons the court issued a “straight” warrant.)

April 3, 2021

WARRANT CLEARED – ALL CHARGES DISMISSED

by Robert D. Lewin

In July of 2019, SM, a 23 year old woman was pulled over by the Wakefield Police. The police had done a random scan/query of the registration plate on her car and it came back as revoked due to insurance cancellation. When the police asked for her license it turns out that her right to operate in Massachusetts had been suspended due to an unpaid speeding ticket. She was charged with operating an uninsured motor vehicle, operating a vehicle with a revoked registration, and operating after suspension of her right to drive. The Malden Court issued a summons for her to come to court but she claimed never to have received it. A warrant for her arrest was issued by the court.

She stopped driving after that and the car sat in her driveway. In 2021 she contacted and retained Attorney Robert Lewin from Andover wishing to clear things up. Attorney Lewin immediately filed his appearance as her lawyer and that gave him access to all the court papers and the police reports which he immediately obtained. Attorney Lewin explained to SM that if she got the car registered and insured and if she got her right to drive reinstated that that would go a long way toward getting the charges resolved very favorably. SM was a good client. She paid off the old speeding ticket and paid a reinstatement fee for her right to operate and her right to operate was reinstated by the Registry. She also got a new insurance policy and got the car reregistered. Attorney Lewin filed a Motion with the Court to cancel the warrant and dismiss the charges.

On April 1, 2021 Attorney Lewin and SM appeared virtually via zoom in Malden Court (which is in Medford!). Attorney Lewin had filed all the papers from the Registry with the Judge and with the DA to show that SM had taken care of all her issues. The Judge then said that she was ordering the warrant cancelled all the charges against SM dismissed prior to arraignment.

February 17, 2021

11 YEAR OLD WARRANT CANCELLED – CASE DISMISSED

by Robert D. Lewin

In 2010, SL, a 19 year old exotic dancer was living with another dancer in Fitchburg. They had a falling out and SL moved out and moved down to Florida. Unbeknownst to SL, her former roommate in Fitchburg accused SL of stealing money and a cell phone from the apartment they had shared. The roommate went to the police and the police took out a criminal complaint against SL for Larceny Over $250 (a felony). Because SL was of parts unknown a warrant was issued for her arrest by Fitchburg District Court. Years passed and SL moved to upper New York State. SL went to apply for a driver’s license but was turned down by the NY DMV because her right to drive in Massachusetts was under suspension because of the warrant in Fitchburg District Court. That is when SL first learned of the case in Fitchburg District Court.

SL contacted Attorney Robert Lewin from Andover. After a thorough initial free consultation SL, now age 29, hired Attorney Lewin. Attorney Lewin explained to SL that with a little luck they might be able to get the case favorably resolved without SL having to come to Massachusetts. On February 4, 2021 SL retained Attorney Lewin. Attorney Lewin immediately contacted the Fitchburg District Court and was able to obtain all the court papers and the police report. Attorney Lewin emailed copies to SL and they reviewed them together. SL told Attorney Lewin that she was innocent of the charge and after reading the police report it was clear to Attorney Lewin that the State could not prove the case against SL. Attorney Lewin immediately contacted the DA’s Office and within five days the DA’s Office agreed to dismiss the case without SL having to come to Massachusetts and the court.

On February 17, 2021 Attorney Lewin and SL appeared via Zoom in Fitchburg District Court. Attorney Lewin had prepared and filed a Motion to Cancel the Warrant, Allow the parties to appear via zoom, and Dismiss the case prior to arraignment. After a brief hearing the Judge Ordered the warrant cancelled and the case dismissed prior to arraignment.

August 29, 2019

OLD WARRANT CANCELLED AND CASE DISMISSED

by Robert D. Lewin

VK is a thirty-one year old Marine stationed is California. His work in the marines requires him to have a driver’s license. In 2005 VK was arrested by the Lowell Police for several misdemeanor charges. He never went to court and for 14 years a warrant for his arrest was outstanding. As a result of the warrant the Massachusetts Registry of Motor Vehicles suspended his license. In 2019 this suspension of his license finally caught up with VK. VK contacted Attorney Robert Lewin from North Andover and explained his situation. On July 14, 2019 VK retained Attorney Lewin.

Attorney Lewin immediately went over to Lowell District Court and obtained copies of all the papers in VK’s case. Attorney Lewin then prepared a Motion to Waive (Excuse) VK’s personal appearance in Court, to Cancel the warrant, and to dismiss the case. Attorney Lewin met with the Assistant District Attorney and explained that VK was a career marine and needed to get the warrant cleared so that he could remain in the marines and that he did not have the funds to return to MA. The Assistant District Attorney was persuaded by Attorney Lewin’s request and agreed.

On July 16, 2019 (less than 48 hours after being hired) Attorney Lewin went into Lowell District Court. Attorney Lewin had the case brought forward and sent in to the main courtroom. Attorney Lewin went before the Judge and presented the Motion to Waive VK’s personal appearance in Court, cancel the warrant, and dismiss the case. The Assistant District Attorney told the Judge they had no objection. The Judge granted Attorney Lewin’s motion. The warrant was ordered CANCELLED and the case was ordered DISMISSED. The Judge was so impressed with VK’s service history (Attorney Lewin had received that via email from VK and given it to the Judge) that the Judge ordered the case dismissed prior to arraignment. Because the case was dismissed prior to arraignment the case does not go on VK’s criminal record. It is as if it did not happen.