Clerk-Magistrate Hearings

December 12, 2021

Forgery, Uttering, and Larceny Charges Avoided

MS, a 47 year old female immigrant from Haiti, received a Notice of a Clerk-Magistrate Hearing from Chelsea District Court. The Chelsea Police had applied for a criminal complaint against MS for two counts of Forgery (checks), two counts of Uttering, and two counts of Larceny By False Pretenses. All six counts are felonies and all of the charges could lead to deportation. MS had absolutely no idea what the charges were about.

MS consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately went to Chelsea Court and obtained copies of the Application for Criminal Complaint and the underlying police report. The police had received information from a bank investigator that an account holder at the bank had noticed a series of debits in her bank account for checks that she had not written. The checks were forged. Two of the forged checks had been made payable to MS and had been deposited in MS’s account at the bank.

The police applied for a criminal complaint against MS. It turns out that MS had in fact opened a joint bank account with her son, who was a minor at the time. Some months after opening the account, the two large checks made payable to MS were deposited into the account. The checks were in fact forgeries. Attorney Lewin contacted the bank investigator and asked for documentation showing that MS’s bank account was in fact a joint account. The bank investigator furnished the documentation to Attorney Lewin. Attorney Lewin also asked for the documentation showing how the account was opened. The Account opening documents show signature cards for both MS and her son and the initial deposit was a work check from MS’s son’s employment. The two large forged checks that were deposited were made out to MS; however, they were deposited remotely online so there was no surveillance photos or videos to show who made the deposit.

December 8, 2021

Another Hit & Run Charge Avoided

by Robert D. Lewin

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.

December 5, 2021

Another Leaving the Scene Charge Avoided

by Robert D. Lewin

On September 24, 2020 MB, a 21 year old woman from Haverhill, was driving in Haverhill when she collided into another vehicle being driven on the road. The other driver stopped but MB panicked and left the scene of the accident without stopping. Unfiortunatedly for MB her front license plate had fallen off her car at the accident scene. The police responded to the accident scene, found the plate, ran the plate, and learned that the plate belonged to a vehicle registered to MB. The police then went to MB’s home and found MB’s car still warm and with fresh front end damage. The police went to the door and MB came to the door. MB at first told the police that the other driver had fled the scene and MB had placed the accident at a different location. When the police confronted MB that her license plate was found at the scene provided by the other driver MB confessed. The police issued MB a citation for leaving the scene of a property damage accident.

MB consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin made certain that the citation would be set up for a Clerk-Magistrate Hearing. A Clerk-Magistrate Hearing is an opportunity to settle the case before a criminal complaint is issued. Attorney Lewin contacted MB’s insurance company to make certain that the property damage claim filed by the other driver was paid. Attorney Lewin also spoke with the Haverhill Police Prosecutor and advocated with the prosecutor for NO criminal complaint to be issued against MB. MB was working full time as a CNA (certified nursing assistant) and she was attending a Community College to become a registered nurse. She had no criminal record and it was important to her to avoid being charged with a criminal offense.

On March 12, 2021 MB and Attorney Lewin appeared at Haverhill District Court for a Clerk-Magistrate Hearing. Attorney Lewin advocated for the Clerk-Magistrate to NOT issue a criminal complaint against MB. The Clerk-Magistrate then announced that he was going to continue the hearing for six months to September 10, 2021 and that if MB had no further law violations then the Clerk-Magistrate would deny the application for criminal complaint and NO criminal complaint would be issued against MB.

August 20, 2021

Operating After Suspension – Criminal Complaints Avoided In Two Cases In One Day

by Robert D. Lewin

Attorney Lewin’s string of successful defense of Operating After Suspension of License charges continued full steam ahead in August of 2021. Attorney Lewin appeared in Lowell District Court on August 4, 2021 and was successful in having two clients avoid being prosecuted for operating after suspension.

HZ’s Case

HZ’s case: HZ is a 38 year old permanent resident alien from China living in Lowell. He has a Doctorate in Bio Medical Engineering and is employed as a principal research engineer at a bio-tech company. In 2019 Dr. Z got a ticket for a marked lanes violation and he failed to pay the ticket. As a result the Registry suspended his license. He claimed not to have received any notice of the suspension. On August 26, 2020 Dr. Z was operating his car on Route 495 in Chelmsford. Suddenly the car in front of him came to a stop and Dr. Z could not stop in time and rear ended the stopped car in front of him. The police responded to the scene and when they ran Dr. Z’s license it came back as suspended. The police issued Dr. Z a citation for Operating After Suspension of License and for Following too Closely (a civil violation). Dr. Z – to his credit – immediately went to the Registry and paid the outstanding ticket from 2019 and he paid a reinstatement fee and got his license reinstated. Dr. Z also sent the citation in to Lowell District Court to request a hearing. Because of covid-19 getting a hearing date was substantially delayed. Finally Dr. Z received a notice from Lowell District Court that his hearing on the State Police Application for a criminal complaint against him was scheduled for August 4, 2021. Dr. Z sought out a lawyer and met with (via zoom) and hired Attorney Robert Lewin from Andover. Attorney Lewin immediately contacted Dr. Z’s insurance company to make certain that the person whose car Dr. Z rear ended had been paid for their property damage in full. Attorney Lewin obtained written confirmation from the insurance company of the payment in full. Attorney Lewin obtained a copy of the police report. Attorney Lewin also obtained written verification from the Registry that Dr. Z had paid the outstanding ticket from 2019 and that his license was fully reinstated by the Registry.

April 8, 2021

UNLICENSED OPERATION CHARGE AVOIDED – NO CRIMINAL RECORD

by Robert D. Lewin

On October 8, 2020, RK, a 25 year old software engineer for a communications company from New York City, was travelling from NY to Boston. She had a learner’s permit from NY. The car she was driving had a temporary paper plate that had folded over on itself so that the full plate# was not visible. A State Trooper signaled for her to pull over on Route 84 and she pulled into a rest area and stopped. She had a male passenger in the car and he had no license. The trooper asked her for her license and she produced her NY State learner’s permit. The Trooper told her and the passenger to exit the vehicle. The Trooper, perhaps suspecting that she was transporting drugs, then completely searched the car including the trunk and the glove compartment – finding nothing. The Trooper said the car would have to be towed and she and her passenger would have to make arrangements to get picked up. The Trooper cited her for Unlicensed Operation (a criminal offense) and for a Number Plate Violation (failure to properly display). RK took the citation and completed the citation and mailed it in to the Dudley District Court to request a Clerk-Magistrate Hearing.

RK has a good job in a good profession and is very upwardly mobile. She absolutely did not want to have any criminal record. RK consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained to RK that getting her NY license would be very helpful to getting the case favorably resolved. RK signed up for her driving test in NY. Her driving test was set for April 1, 2021. Her court hearing on the ticket was set for April 8, 2021,

On April 1, 2021 RK was set to take her driving test; however, due to the covid-19 pandemic the DMV was not giving any road tests and her road test was cancelled.

March 28, 2021

ANOTHER HIT & RUN CASE DISMISSED AT CLERK-MAGISTRATE HEARING

by Robert D. Lewin

On November 24, 2020, LQ, an 81 year old gentleman from Methuen was pulling out of a bank drive-thru in Haverhill. As he turned onto the street he sideswiped a car that was parked on the street. According to LQ, he pulled over, got out of his car, did not see any damage, got back in his car and drove away. A husband and wife were behind LQ and saw the entire episode and took a picture of his car showing the license plate. The husband and wife called the police. The police responded to the scene and took a statement from the husband and wife in which they said that LQ had not stopped. The police obtained a copy of the photo showing the license plate of LQ’s car, ran the plate, and were able to locate LQ through the Registry of Motor Vehicles computer. The police called LQ on the phone and took a statement from LQ. According to the police report LQ seemed confused about the accident. The police issued LQ a citation for leaving the scene of a property damage accident. In addition the police issued an “immediate threat” notice to the Registry. An immediate threat notice is a notice by the police to the Registry that a driver may pose an immediate threat to the safety of the public if allowed to continue to drive. When the Registry receives the notice from the police the Registry sends out a Notice of Suspension to the driver. That happened to LQ.

LQ took the citation and requested a Clerk-Magistrate Hearing. Several days before the hearing LQ’s daughter contacted Attorney Robert Lewin from Andover. Attorney Lewin explained in detail what the Clerk-Magistrate hearing would entail and he also explained the ramifications of the Immediate Threat notice. Attorney Lewin explained that before the Registry would consider restoring the license to LQ the criminal charge would have to be resolved in Court. LQ retained Attorney Lewin.

Attorney Lewin immediately contacted the Haverhill District Court and obtained a copy of the police report. In addition Attorney Lewin contacted LQ’s Auto Insurance and got written confirmation that LQ had plenty of property damage insurance coverage ($100,000.00) and Attorney Lewin also confirmed that the lady who’s car was struck had not filed a claim for property damage. Attorney Lewin filed those documents with the Court Clerk. On Friday, March 26, 2021 Attorney Lewin and LQ appeared virtually via zoom at Haverhill District Court for the Clerk-Magistrate Hearing. After all the evidence was presented Attorney Lewin requested that the Clerk-Magistrate not issue a criminal complaint against LQ. The Clerk-Magistrate adopted Attorney Lewin’s request and denied the police application for a criminal complaint.

December 17, 2020

ANOTHER HIT & RUN CASE WON

by Robert D. Lewin

On July 1, 2020 a homeowner in Byfield, MA heard a loud crash outside her home. She went outside and observed an SVU pulling away from a utility pole. The pole was badly damaged. The SUV left the scene. She called the police and they found a number of parts from the SUV at the scene. Over the next few weeks the police did an investigation and they identified the parts as coming from a particular year and make of vehicle. A search of the RMV data base showed such a vehicle registered to JW who lived not far from the accident scene. It took several weeks and when they got to JW’s house they found the SUV – with no damage at all on it. A search of auto repair shops showed that the SUV had been brought in to a particular shop and had had repairs made to it – repairs that were consistent with the accident. A check with JW’s insurance company showed that they had paid for the damages to the SUV. The police went to speak with JW but he said nothing o them – absolutely nothing. He exercised his right to remain silent and would not answer one question. (Smart guy.) The police cited JW with Leaving the Scene and Failing to File a Police Report of an Accident and issued him a citation. JW called Attorney Robert Lewin from Andover. Attorney Lewin advised JW to immediately file the citation at Newburyport District Court and request a Clerk-Magistrate hearing.

JW retained Attorney Robert Lewin. (As it turns out JW had had Attorney Lewin represent him previously in another hit & run case which Attorney Lewin won.) Attorney Lewin immediately identified two problems with the police case against JW.

First: The leaving the scene charge requires the police to prove that JW was driving the car at the time of the accident. From the evidence the police had, the police could establish probable cause that it was JW’s vehicle that was involved in the accident. But that is not enough. They had to prove that JW was driving the vehicle at the time of the accident. There was no evidence of this.

November 30, 2020

DRIVING ON SUSPENDED LICENSE DISMISSED AT CLERK’S HEARING

by Robert D. Lewin

On January 10, 2020, ZC, a 29 year old software engineer was driving his car in Weymouth when he got pulled over by the state police because his rear registration plate did not have the small sticker affixed to it. When the trooper ran the license and registration it turned out that ZC’s license had been suspended in 2019 for failing to pay a ticket that had been issued against him in 2019. ZC works for the Commonwealth and it was important for him not to have any criminal record. The state trooper issued ZC a citation for Operating After Suspension of License. ZC took the ticket and mailed it to the Quincy District Court and requested a Clerk-Magistrate Hearing.

The following week ZC went to the Registry and paid the old ticket. He had moved and never received the old ticket nor did he ever receive the Notice of Suspension from the Registry. (Of course, it was his obligation to notify the Registry of his change of address.) Once he paid that old ticket he then paid a reinstatement fee and the Registry reinstated his license.

ZC did not want to get a criminal record. ZC met with (via ZOOM) and retained Attorney Robert Lewin from Andover. Attorney Lewin commended ZC for taking care of the old ticket, the change of address, and paying the reinstatement fee and getting reinstated.

November 5, 2020

SHOPLIFTING CHARGE AVOIDED IN WALTHAM DISTRICT COURT

by Robert D. Lewin

On March 1, 2020, RL, a 22 year old senior at a prestigious local university, went into a market in Waltham and stole (shoplifted) about $36.00 worth of merchandise. She got caught. RL is a Chinese National here on a student visa. She saw her life passing in front of her: she jeopardized her graduation and degree from the University and she jeopardized her ability to return to the United States if she left the U.S. and then tried to return. RL contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin told RL that if the case were handled carefully then prosecution could possibly be avoided. Shortly after March 1 as a result of the coronavirus pandemic RL was forced o return to China.

Attorney Lewin requested a Clerk-Magistrate hearing. The hearing was scheduled for April 2, 2020 but because of the pandemic had to be rescheduled three times. Attorney Lewin spoke at length with the police prosecutor from Waltham and explained the situation that RL had put herself in. Attorney Lewin advocated for the police to dismiss their application for criminal complaint.

On Thursday, October 29, 2020 a virtual (via zoom) Clerk-Magistrate Hearing was held at Waltham District Court. Attorney Lewin explained RL’s situation and (as Attorney Lewin had requested) the police prosecutor told the Clerk-Magistrate that the police were withdrawing their application for criminal complaint. This was the best of all possible results.

September 22, 2020

Road Rage Charge Avoided

by Robert D. Lewin

On February 27, 2020 NH, a 34 year old maintenance technician, was working on a job site in North Andover. He got a call to report back in to the company headquarters in Haverhill. He got in his company van and headed up Route 125N to Industrial Way. As he proceeded up Industrial Way toward the entrance ramp to I-495 North he observed a black jeep behind him to his left. The road ahead was narrowed by cones from two lanes to one lane. The Jeep passed him on the left and then had to cut back sharply in front of NH to avoid striking the cones. NH had to slam on his brakes to avoid colliding with the Jeep which had pulled directly in front of NH. The Jeep then proceeded ahead and as the Jeep approached the split where the ramp to I-495N bears to the right it appeared as if the Jeep was going to proceed straight on Industrial Way. Suddenly and without signaling the Jeep pulled to the right onto the I-495 ramp again cutting in front of NH. Once again NH had to slam on his brakes to avoid striking the Jeep. The Jeep continued down the ramp onto I-495N travelling at about 20 mph. Once on I-495 NH then pulled to the left, passed the Jeep, and then after signaling pulled back to the right and exited I-495 at exit 50 to head to his company headquarters. Several hours later NH got a call from the State Police. The police asked NH if he had been involved in an incident with another vehicle. NH described to the State Trooper exactly what had happened with the Jeep. Some time later NH received a citation in the mail for Operating to Endanger the Lives and Safety of the Public. This is a criminal offense that carries up to 2 years in jail plus a mandatory loss of license.

The driver of the Jeep called the State Police and then went to the State Police Barracks and filed a report. She claimed that after she passed by NH on Industrial Way and pulled in front of him that NH was tailgating her dangerously as they proceeded down the ramp onto I-495N. She then claimed that NH “whipped around [her] on the second lane, pulled next to [her], and then moved into [her] lane in an obvious attempt to ram [her] into the cement barrier.” The police viewed this as a road rage incident.

NH was smart. He immediately took the citation and brought it to Haverhill District Court to request a Clerk-Magistrate Hearing. NH then contacted and retained Attorney Robert Lewin of Andover. Attorney Lewin immediately obtained a copy of the police report and sat down with NH and reviewed the report in detail. Attorney Lewin found NH to be a very credible witness. Subsequently, the case was set down for a Clerk-Magistrate Hearing on September 22, 2020. Normally, most criminal lawyers will not have their clients testify at a Clerk-Magistrate hearing. The reason for this is that in the event the Clerk-Magistrate issues a criminal complaint and the case subsequently goes to trial the Defense wants to have a clean slate – that is, the Defense does not want the government to have the benefit of the accused’s (recorded) testimony from the Clerk-Magistrate Hearing. In NH’s case, however, NH had already given a complete written statement to the State Police. It was a very detailed statement. As a result there was no downside to having NH testify at the hearing.