On December 29, 2023, MF, a 35 year old nursing student, was stopped by the State Police on Route 1 in Saugus. The police cited him for an array of offenses:
On October 17, 2024, IS, a 33 year old counselor was stopped in North Andover for speeding and operating an uninsured motor vehicle. IS has a substantial motor vehicle record and a finding against him would have caused his license to be suspended. To his credit, within two days of getting the citation IS got his car insured and got the registration renewed (the police did not charge him with the offense of operating an unregistered vehicle). IS failed to request a clerk-magistrate hearing and a criminal complaint issued against him. IS received a summons in the mail to appear in Lawrence Distrioct Court for an arraignment on Decembedr 20, 2024. IS consulted with and retained Attorney Robert Lewin from Andover.
Attorney Lewin, with assistance from IS, gathered together all the necessary paperwork (the new insurance policy showing that it was purcahsed two days after the incident as well as the new registration certificate). On December 20, 2024 IS and Attorney Lewin went to Lawrence District Court for the arraignment. Attorney Lewin met with the Assistant District Attorney and furnished copies of the new insurance policy and the new registration to the Assistant DA. At Attorney Lewin’s request, the Assistant District Attorney agreed to DISMISS the uninsured motor vehicle charge prior to arraignment and the Assistahnt DA agreed to enter a finding of NOT responsible on the speeding charge. This was the very best of all possible results.
By dismissing the case prior to arraignment this case did NOT go onto IS’s crimimal record. In addition, IS did not suffer any penalty against his driver’s license from the Registry of Motor Vehicles. It was a complete win.
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!
On January 30, 2021 HB and her husband BB (40+ year marriage) got into a heated argument at their home in Salisbury. HB had been drinking and she threatened to stab her husband with a knife. BB grabbed a letter opener and threatened to retaliate with the letter opener. The argument moved from the bedroom down into the kitchen where HB grabbed a large kitchen knife and threatened to stab BB. HB (!) then called 911. The police responded. The police seized the two weapons and charged both husband and wife with Assault on a Household Member and the felony charge of Assault with a Dangerous Weapon.
HB and BB sought out a lawyer and contacted Attorney Robert Lewin from Andover. Attorney Lewin explained that it would not be wise for one lawyer to represent both husband and wife. HB (the wife) retained Attorney Lewin and Attorney Lewin referred BB (the husband) to another experienced criminal lawyer who also practices in Newburyport District Court with whom Attorney Lewin has a good working relationship.
Both HB and BB had made statements to the police that incriminated themselves and each other. Attorney Lewin met with the Assistant District Attorney prosecuting the case and advocated for the DA to agree to dismiss the case.
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:
On May 4, 1991, AS, a 19 year old woman, went out on a date with a man in his twenties. AS picked the man up at work and they went out. He told her that he had a license and she allowed him to drive her car. The man was speeding and the police blue lights came on behind them. He pulled over and said to her “switch seats with me as I do not have a license”. They switched seats (which the police officer saw). The police came up to the car and asked the male for his license. He said he had not been driving. The police then looked at AS and she said he had been driving. The police had the man exit the vehicle and they arrested him for unlicensed operation (in fact his license had been suspended). The police issued AS a citation for “permitting an unlicensed person to operate her motor vehicle”. In Massachusetts it is a criminal offense to permit or allow a person who is not duly licensed to operate a motor vehicle.
AS took the citation but never requested a Clerk-Magistrate Hearing. (Had she requested a hearing the case most likely would have been resolved without a criminal complaint issuing against her.) In any event, a summons was issued for AS to appear in Gloucester District Court for an arraignment on August 20, 2021. AS’s parents contacted Attorney Robert Lewin from Andover and retained him
Attorney Lewin immediately obtained the police report and then contacted the DA’s Office. AS was working as a deli clerk at a supermarket and she was enrolled in college and she had no criminal record. It was important for AS to try to keep her record clean. A criminal record gets created when a person is arraigned on a criminal charge. Attorney Lewin pointed out all these factors to the Assistant District Attorney and advocated for the DA to agree to a dismissal of the case prior to arraignment. A Judge cannot order a case dismissed prior to arraignment if the DA does not agree to it. As a result of Attorney Lewin’s advocacy, the DA agreed to dismiss the case prior to arraignment.
MT, is a building and roofing contractor. He is now (April of 2021) age 57.
On Friday, August 21, 2020 two 18 year old twins got caught shoplifting at Walmart in Tewksbury. The police were called to the store and the twins were arrested. They were bailed from the Tewksbury Police station and told to appear in Lowell District Court on Monday, August 24, 2020. Over that weekend the twins met with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained that the twins would qualify for the Middlesex County District Attorney’s Young Adult diversion program. The program essentially allows young adults to avoid prosecution for certain criminal offenses.
Over that weekend Attorney Lewin prepared a Motion to Divert the cases out of the criminal court system. On Monday, August 24, 2020 the twins and Attorney Lewin appeared in Lowell District Court. At Attorney Lewin’s request neither girl was arraigned. This is important because it is the taking place of the arraignment that creates a criminal record. Instead the cases were referred to the diversion program and the cases were continued to October 8, 2020 to see if the Diversion Program would accept the twins. On October 8, 2020 everyone appeared virtually (the twins had gone off to college and were away from Lowell) and the Assistant District Attorney and Attorney Lewin reported to the Judge that the twins had been accepted into the Diversion Program. On October 8, 2020 the arraignment again did not take place and the cases were continued until April 5, 2021 to allow the twins to complete the diversion program.
The twins successfully completed the diversion program. On April 5, 2021 the twins and Attorney Lewin appeared virtually one last time before the Court. The Assistant District Attorney and Attorney Lewin reported to the Judge that both young women had successfully completed the Diversion Program. The Judge then ordered both cases DISMISSED, prior to arraignment. Attorney Lewin explained to the two young women that because the cases were dismissed prior to any arraignment taking place the following took place:
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.
On January 26, 2020, EG, an 18 year old female high school senior, went to an under 21 night club in Cambridge with two girlfriends. EG had never been there before. At about 1:30 am as EG and her two girlfriends were leaving the club, a twenty year old female who had also been at the club was attacked by three girls who had been at the club. The attack was vicious. The victim’s jewelry was ripped from her body; her iphone was stolen; and a wig that she wears because of a medical condition was ripped off her head. Two of the three girls were identified by a witness who knew them. The third attacker was not identified. As the result of certain text messages sent from EG’s phone, EG was asked to go to the Cambridge Police Station. EG went and met with the police and gave a recorded interview that lasted over an hour. EG steadfastly denied taking place in the attack. Nevertheless, she was charged with being the third attacker. EG was totally innocent and had not participated in the attack in any way. EG was charged with unarmed robbery – a felony punishable by up to life in prison. EG had already been accepted to a prestigious college and needless to say this charge could have derailed her plans for college.
EG and her Mother sought out an attorney. EG and her Mother met with Attorney Robert Lewin of Andover. Due to the coronavirus they met via FaceTime. The initial interview took over two hours. Attorney Lewin explained the seriousness of the charge and what needed to be done to properly prepare and investigate the case. EG and her mother retained Attorney Lewin.
Attorney Lewin sent his investigator out to speak with the two women who had been with EG that night. They both gave statements to the investigator that exonerated EG. They both told the investigator that they and EG left the club together; that they saw the fight taking place; that none of them – including EG – had anything to do with the fight; that they then left the area of the club and went home. One of the girls also told the investigator that her cell phone had died and that she used EG’s cell phone to send the text messages that the police found concerning.
Massachusetts Criminal Lawyer Blog