Massachusetts Criminal Lawyer BlogSR is 47 years old and lives in Colorado. SR applied for a gun permit but was denied on the grounds that he had a warrant in Massachusetts that dated back to 1987. The warrant was for a misdemeanor charge of unlicensed operation of a motor vehicle in Lawrence District Court. SR called the court and was told that he had to come out to Massachusetts to clear the warrant or he could try getting a local lawyer to help. SR called Attorney Robert Lewin from North Andover, MA. SR retained Attorney Lewin late in the afternoon on Thursday, November 6, 2014. Attorney Lewin interviewed SR by phone on Thursday evening and on Friday, November 7, 2014, Attorney Lewin went over to Lawrence District Court and had SR’s 1987 case put on the court list for that day. Attorney Lewin spoke with an Assistant District Attorney and the Asst. DA agreed to dismiss the case. The case was called and the Judge ordered the warrant cancelled and the case dismissed. Attorney Lewin then obtained attested copies of the Notice of Warrant Cancellation and the Court Docket Sheet (showing that the case was dismissed) and sent them out to SR in Colorado so that he could now get his gun permit. Within two hours after court opened this problem was solved.
Articles Posted in Clearing Warrants
FIVE 30 YEAR OLD WARRANTS CANCELLED
In 1983 and 1984 WL, then 23 and 24 years old got into a spate of trouble with the Haverhill Police. He had charges of Violating Probation on an Operating Under the Influence of Liquor charge, Malicious Destruction of Property (a Felony), two charges of Operating an Uninsured Motor Vehicle, and a charge of Attaching Plates to Conceal a Vehicle. It all became too much so WL headed out west to California for greener pastures. Months turned into years and years turned into decades. In 2014, WL, now 53 years old, is living in Pennsylvania and he went to renew his Pennsylvania gun license. He was told he could not renew his gun license because he had these warrants in Haverhill District Court. WL first hired a Massachusetts lawyer who does gun license cases. When the lawyer saw the situation in Haverhill District Court, the lawyer told WL you need to get a lawyer who knows the Haverhill District Court and who has experience in getting old cases cleaned up. On Wednesday, September 10, WL contacted Attorney Robert Lewin in North Andover, MA. They talked on the phone and then WL retained Attorney Lewin (paying the legal fee by wire transfer). Later that day Attorney Lewin went to Haverhill District Court, reviewed all the papers, and spoke directly to the Probation Department. On the DUI case WL had been put on probation back in 1984 but he utterly failed to comply with his probation. He did not do the DUI Program and he had not paid the court fees and fines. The one big thing that WL did have going for him was that for the last 30 years he had not got into any trouble. Attorney Lewin was able to convince the Probation not to ask that WL’s probation be revoked. On Friday, September 12, 2014, WL flew out to Boston and met Attorney Lewin at Haverhill District Court. Attorney Lewin and WL went in front of the Judge. Attorney Lewin explained to the Judge that over the last 30 years WL had gone on to become a productive citizen, that he had his own business, that he was raising two children, and most importantly that WL had stayed out of trouble. The Judge was impressed with WL’s progress over the last 30 years and agreed to dismiss the probation violation. The Judge then dismissed all five cases against WL and ordered WL to pay a total of $1,000 in court costs. WL paid the $1,000 immediately before anyone changed their mind. Within 48 hours of retaining Attorney Lewin all five of WL’s cases in Haverhill District Court were dismissed. WL was thrilled and flew back to Pennsylvania to get his gun license. Had the Probation Office asked for WL’s probation to be revoked and had the Judge revoked his probation, WL could have been sentenced to up to 2 1/2 years in jail and his right to drive would have been revoked for one year (and Pennsylvania would have revoked his Pennsylvania driver’s license for the one year period). He had a lot at stake and it worked out well. WL gave Attorney Lewin a big thank you and handshake as they left the Courthouse.
9 YEAR OLD WARRANT CANCELLED
Back in 2005 PT, then age 31, kited checks at a local bank in Holyoke, MA and ended up owing the bank $1,100.00. Check kiting is illegal and when he refused to pay the bank the $1,100.00 a criminal complaint for Larceny by Check Over $250 was taken out against PT. PT defaulted in Court and took off for Texas. In 2014 PT went to renew his Texas License and was told he could not renew it because he had an outstanding warrant in Massachusetts. PT remembered virtually nothing about the case. PT contacted Attorney Robert Lewin. Attorney Lewin – that same day – contacted the Court and the Holyoke Police and was able to determine the facts of the case, the amount of money owing, that the investigating officer had retired from the police force and the investigator for the bank had also retired. PT retained Attorney Lewin. Attorney Lewin spoke the next day with the Assistant District Attorney at the court; the DA’s Office agreed that if PT paid the $1,100.00 forthwith then the DA’s Office would agree to dismiss the case – and PT would not have to come up to Massachusetts. Attorney Lewin called PT and gave him his options: (1) He could come up to Massachusetts and fight the case and probably win it of (2) he could pay the $1,100.00, not have to come to Massachusetts, and probably get the case dismissed. PT’s wife wired the $1,100.00 to Attorney Lewin the next day. On Tuesday, April 8, 2014 Attorney Lewin appeared in Holyoke District Court and presented a Motion to waive PT’s personal appearance in Court. The judge granted the Motion, Attorney Lewin paid the $1,100.00 to the Court, the default was removed, the warrant cancelled, and the case dismissed. The suspension of PT’s right to operate a motor vehicle imposed by the Massachusetts RMV because of the warrant in Holyoke District Court has been lifted and PT can now go to the Texas DMV and get his Texas license renewed. From the date PT hired Attorney Lewin to the date the warrant got cancelled and the case was dismissed consumed 7 business days. Like many people who have outstanding warrants PT was afraid to deal with it and thought it would never rear its head. Neither PT nor his wife could believe that the case got so favorably resolved, so quickly, without PT having to come to Massachusetts.
19 YEAR OLD WARRANTS IN TWO COURTS CLEARED: 10 CHARGES DISMISSED
CN, a 40 year old female refugee from Cambodia living in Lowell, has lived in the shadows for the last 18 years because she had warrants outstanding in Lawrence District Court and Roxbury Municipal Court. In March of 1995 she was arrested in Boston and charged with Receiving Stolen Property and Possession of Cocaine. In July of 1986 she was arrested again, this time in Lawrence, and charged with 4 counts of B & E into A Motor Vehicle, 1 Count of Possession of Burglar’s Tools, and 3 counts of Larceny. Terrified that she would be sent to jail she defaulted in both Courts and “lived in the shadows” for 18 years. On February 27, 2014 CN had an office consult with Attorney Robert Lewin and retained him. Attorney Lewin essentially told her she did not have much to worry about given the ages of the cases. The next day Attorney Lewin brought CN into Lawrence District Court: the Defaults were removed, the warrants recalled, and the cases were continued to March 27, 2014 for pre-trial hearing. Attorney Lewin was successful in getting the Judge in Lawrence not to order CN held for Roxbury Court, but rather released her to go to Roxbury with Attorney Lewin that same day at 2:00 PM. Attorney Lewin and CN then went to Roxbury where the Judge removed the defaults, recalled the warrants, and continued the case to April 1, 2014 for pre-trial hearing. Attorney Lewin then met with the DAs in both Lawrence District Court and Roxbury Municipal Court. The principal witness in the case in Lawrence would have been 107 years old but had passed away many years earlier and most of the police involved in the Lawrence Court case were retired. With the case in Roxbury neither the police report nor the drugs could be found. On March 27, 2014 CN and Attorney Lewin appeared in Lawrence District Court: all 8 charges were DISMISSED. On April 1, 2014 CN and Attorney Lewin appeared in Roxbury Municipal Court: the 2 charges there were DISMISSED. CN was so excited and thrilled that these cases – which had hung over her head for years and had been a shadow on her life – were gone. The Judges in both Lawrence and Roxbury allowed CN to be released because they knew and trusted Attorney Lewin to show up in Court with CN on the next court dates. That kind of trust has been built up by Attorney Lewin over the 43 years he has been a lawyer and appearing in Court.
18 YEAR OLD FELONY WARRANTS CANCELLED – 10 YEAR PRISON SENTENCE AVOIDED
In 1991, at the age of 18, AR set fire in a school building. He was charged with Arson and two counts of possession of an explosive device. He was indicted by the Middlesex County Grand Jury and in February 1993 he appeared in Middlesex Superior Court and was given three 10 year sentences to MCI Concord; the sentences were suspended and he was placed on probation for three years. While he was on Probation he was subsequently arrested for two counts of operating on a suspended license, one count of possession of a class D substance, and five counts of larceny. All those new cases happened in 1995 and they were all in Framingham District Court. Fearing that his probation in Superior Court would be revoked and that he would be sent to State Prison for his three 10 year sentences, AR went on the run. Warrants for AR’s arrest were issued from both Middlesex Superior Court and Framingham District Court. Years went by; he moved to Vermont; he married; he had two children; and he accumulated an Assault charge in Vermont and two DUI convictions in Vermont. The last DUI conviction was in April 0f 2012. In April of 2012 AR vowed to get his life on track. He got into alcohol abuse treatment. He joined AA. Vermont told AR that he could not get his driving privileges reinstated unless and until he faced the music in Massachusetts. AR contacted Attorney Robert Lewin. Attorney Lewin went to Framingham District Court and Middlesex Superior Court and obtained copies of all the papers in AR’s cases. It turned out that not only did he have three ten year suspended sentences in the Superior Court but he also had a suspended sentence in Framingham District Court. But 18 years had passed and although he had not been trouble free he was now in treatment for his alcoholism and was doing well. A letter was obtained from his Probation Officer in Vermont; a letter was obtained from his Alcohol Counselor in Vermont; a letter was obtained from his present employer and his previous employer; attendance slips from AA were obtained; and a letter was obtained from his wife that attested to AR’s commitment to sobriety. Attorney Lewin had lengthy conversations with the Probation Officer in Framingham District Court and the Probation Officer in Superior Court. On Wednesday, March 20, 2013 AR and Attorney Lewin (and many members from AR’s family) walked into Framingham District Court. After a hearing all the warrants in Framingham District Court (6) were ordered cancelled, AR paid $2,148.16 in court fees and restitution, all of his cases were ordered closed. After 18 years he walked out of Framingham District Court. On Thursday, March 21, 2013 AR and Attorney Lewin walked into Middlesex Superior Court. His cases were sent up to a Judge in a criminal session. The Judge was given all the police reports about the explosive devices and the setting fire in the school from 1991. The Judge saw that AR had been given three 10 year suspended sentences with probation. The Judge also read all the letters that had been furnished by Attorney Lewin. Attorney Lewin made a simple but direct plea to the Judge. AR’s offenses had occurred 21 years ago; although he had not been trouble free during the 21 years he now seemed to be grounded. He had been alcohol free (and had passed every random drug and alcohol test he had been given in Vermont) since his last arrest for DUI in Vermont. He was now married and had two children and was working hard to support his family. Attorney Lewin closed his statement to the Judge by asking the Judge to terminate AR’s Probation and discharge him from any further responsibility in these cases. Before Attorney Lewin could sit down the Judge said one word “Done”. After 20 years of living in fear that he would be forced to serve the three ten year sentences AR walked out of the Superior Court in Woburn completely free. When AR and his family walked out of the Courthouse AR and his family burst into tears of relief and joy. He had been so convinced that he was going to have to serve the ten years he could not believe he was free.From the very outset Attorney Lewin had encouraged AR to think positively and to go about the business of getting letters that would help. As Attorney Lewin turned to leave, AR’s father, age 71, came over to Attorney Lewin and and gave Attorney Lewin a firm handshake and a hug and said “It was great to watch a pro in action.” That made Attorney Lewin’s day. Hard work, smart work, and perseverance paid off.
WARRANT CLEARED IN LESS THAN 24 HOURS
KB, a 34 year old army wife living in KY, went to renew her driver’s license in KY but was denied because her right to drive was suspended in Massachusetts because she had defaulted in a criminal case in Peabody District Court back in 2008. On Monday, March 18, 2013 KB wired a retainer to Attorney Robert Lewin. On Tuesday, March 19, 2013 Attorney Lewin appeared in Peabody District Court for KB. The default was removed, the warrant was cancelled, Attorney Lewin paid $200 in court costs from funds that KB had wired, and the case was dismissed. The following day KB paid a small reinstatement fee to the Registry of Motor Vehicles online and her driving privileges were reinstated. KB had been fretting over this case for five years. In one day it was resolved and she never had to leave her home in Kentucky. Attorney Robert Lewin has been practicing criminal defense law since 1975 (38 years) and has a remarkable record of success in clearing old warrants.
WASHINGTON DC RESIDENT GETS MA WARRANT CANCELLED
DP, a resident of Washington DC, went to get his driver’s license renewed and was told he could not get it renewed because his right to operate in MA was under suspension because of an outstanding court warrant. It seems that in 2010 DP had gotten into a scrape at South Station in Boston and got arrested. He failed to go to court and returned to Washington. A warrant for his arrest was issued by the Boston Municipal Court. The Massachusetts Registry of Motor Vehicles received a notice form the Court and suspended DP’s right to operate a motor vehicle. That suspension was entered into the NDR (National Driver Register) and when DP went to renew his license in Washington he was refused. DP contacted a Boston Attorney at a large firm whom he knew and the Attorney referred DP to Lewin and Lewin. DP retained Attorney Robert Lewin. The day after being hired Attorney Lewin immediately went over to the Boston Municipal Court and obtained copies of all the papers and police reports in DP’s case. Attorney Lewin also went to the District Attorney’s Office and spoke with the DA Supervisor. After some discussion the DA’s Office agreed to dismiss the charges. Several days later DP flew up to Boston from Washington and on Thursday, February 21, 2013 DP and Attorney Lewin appeared in the Boston Municipal Court. The Judge removed the default, cancelled the warrant, assessed $200 in court costs which DP paid immediately, and ordered the two criminal charges dismissed. The cancellation of the warrant was entered into the warrant management system. DP went to the RMV, paid a reinstatement fee, and got the suspension of his right to operate lifted. He then flew back to Washington and got his license renewed. He is a happy camper!
FLORIDA MAN GETS MASS. WARRANTS RECALLED AND GETS HIS LICENSE BACK AFTER 28 YEARS ON THE RUN
GS is a successful 49 year old Florida businessman with a past that came back to bite him. In 1984, when he was 21 years old, he was driving drunk and led the police on a chase through several towns. It all ended in a crash and GS was taken from the scene in cuffs. He was brought to Wareham District Court. He was charged with 11 offenses including DWI, Reckless Operation, 2 Counts of Malicious Destruction to Property, Disorderly Conduct, Disturbing the Peace, and so on. Following a trial by Judge he was sentenced to serve 14 months in the House of Correction and his license was revoked. GS appealed. Before his appeal could be heard GS defaulted in court and his appeal was deemed waived and the original 14 month sentences were ordered into effect. A new criminal complaint issued against him for bail jumping. Warrants for his arrest were issued. GS went to Florida and remained in Florida for the next 28 years. He married and raised a family and ultimately started his own business which became very successful. He got a Florida driver’s license and for 28 years he lived the good life. In 2011 he went to renew his Florida driver’s license and the Florida DMV told him they could not renew because the NDR (National Driver Registry) was showing that he was suspended in Massachusetts due to the warrants from 1984. GS told his family about his “problem” in Massachusetts and then contacted the law offices of Lewin and Lewin. Attorney Robert Lewin was retained. Attorney Lewin immediately went to the Wareham District Court to review all the court papers. Sure enough GS had been sentenced to the 14 months in jail and he had defaulted. Under Massachusetts Law a Motion to Revise or Revoke a sentence must be filed within 60 days of the sentence being imposed. That 60 day period had elapsed back in 1984. Attorney Lewin looked for a technical angle and found one. Attorney Lewin prepared a Motion for Reconsideration of certain actions that had been taken by the Court back in 1984. Attorney Lewin met at length with the Assistant District Attorney and filed a Motion to dismiss the case and appeared before the Judge in Wareham. The Judge set the Motion down for hearing but insisted that GS come up from Florida to appear at the hearing. GS came up and on Thursday, May 3, 2012 GS and Attorney Robert Lewin appeared in Wareham District Court. After a full hearing the Judge granted Attorney Lewin’s Motion for Reconsideration. The defaults were removed, the warrants were recalled, all the guilty findings were vacated (after 28 years), all the sentences were vacated, and all the charges were ordered dismissed. The Judge, by agreement, ordered GS to pay $1,000 in court costs which GS paid immediately. The court cases were over. GS and Attorney Lewin waited in the Clerk’s Office to obtain attested copies of all the court papers. Armed with the Court papers, GS and Attorney Lewin then drove from Wareham to Boston to the RMV Driver Control Unit on Washington Street. Two hours later, GS walked out of the RMV with his right to operate reinstated. On Monday, May 7, 2012 GS called Attorney Lewin and told Attorney Lewin that he had just left the Florida DMV with his new license. GS was very very lucky. Many judges would have simply ordered GS to serve the 14 months.
WARRANT FOR DRUG DEALER CLEARED AFTER 23 YEARS
In 1989 SFC, a Dominican national, was arrested and charged with Distribution of a Class C Drug and Conspiracy to Violate the Controlled Substance Act in Malden Court. He appeared in Court several times and then went on the run. A warrant for his arrest was issued and remained open for over two decades. In 2012, SFC having remained in the US was married and had three children and wanted to become a citizen. He had to clear up the warrant and get the case resolved. SFC retained Attorney Robert Lewin of Lewin & Lewin. Attorney Lewin went to Malden Court and contacted the Malden Police. Unfortunately for SFC after 23 years the arresting officer and the back-up officer were still on the police department and the drugs (which SFC had allegedly sold to an undercover officer) were still in the evidence locker! Attorney Lewin was able to marshal a great deal of evidence that SFC had lead a crime free life since and that he had become a productive citizen. After several weeks of negotiation the District Attorney’s Office agreed to dismiss the charges against SFC upon the payment of $1,000 in Court costs. On April 23, 2012, SFC and Attorney Robert Lewin appeared in Malden District Court. Judge Johnson, a tough Judge who does not like these cases of people who are on the run for years, went along with the agreement that had been worked out between Attorney Lewin and the DA’s Office and ordered the case dismissed. With the dismissal of these criminal charges SFC is now in a position to proceed with an application for citizenship.
California Driver’s License Suspended Due To Massachusetts Warrant – Driver Back on Road in Four Days
By late February 2012, CJ had waited until the last days to renew his California driver’s license before it expired. When he went to renew his license, however, the California DMV told him that his license could not be renewed because his right to operate in Massachusetts had been suspended due to an outstanding Massachusetts warrant. CJ was dumfounded, as he had moved out of Massachusetts in 1983 and had not been in any trouble since. More importantly, CJ drives as part of his job and could not continue working if he did not have a valid license. Getting to the bottom of this issue and getting his license renewed quickly was critical. CJ called the Massachusetts Registry of Motor Vehicles (the “RMV”) to find out what was going on. He was informed by the RMV that his right to operate had been suspended because of a Massachusetts warrant issued in connection with a 1982 criminal case in the Malden District Court. CJ recalled having a case in that court which was continued without a finding in 1983. He believed, however, that the case was over and did not understand why there was a warrant. CJ called Lewin & Lewin on Thursday afternoon March 1, 2012. Attorney Joshua Lewin went to the Malden court and obtained the paperwork from the case. He discovered a warrant had issued because CJ had not complied with all of the terms of his probation and was in default because he did not appear in court at the end of the continuance without a finding and had not paid moneys owing to the court. Attorney Lewin filed a motion with the Court and got the case brought before a Judge on Monday morning, March 5, 2012. Attorney Lewin persuasively argued to the Judge that the warrant should be recalled and the case dismissed and that CJ should not be made to return to Massachusetts to deal with the issue. The Judge agreed with Attorney Lewin’s arguments, cancelled the warrant and dismissed the case. Attorney Lewin then appeared at the Massachusetts RMV and arranged for CJ’s right to operate to be reinstated. The Massachusetts RMV lifted the suspension of CJ’s right to operate on Tuesday, March 6, 2012 and entered that information into the National Driver Register. California received that information and CJ was able to renew his California driver’s license. CJ never had to leave California and within four business days of contacting Lewin & Lewin was back on the road. The attorneys at Lewin & Lewin frequently deal with license suspensions due to outstanding warrants and we represent out-of-state clients whose have license suspensions due to Massachusetts court warrants.