Massachusetts Criminal Lawyer BlogGS 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 Following a trial by Judge he was sentenced to serve 14 months in the House of Correction and his license was revoked.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.
Articles Posted in Fugitive from Justice
OLD MASSACHUSETTS WARRANT CANCELLED
In 1988 CC was arrested in Lowell, MA on drug charges. While CC’s drug case was pending in Court, CC was arrested for being a fugitive from justice on a Warrant for Rape out of Texas. CC was returned to Texas to face the Rape charge and was told that his drug case in MA would be closed. CC was convicted in Texas of the rape and was sentenced to 16 years in Prison to be followed by 50 years of probation with an electronic monitoring bracelet. CC served his 16 years in prison and was released in 2006. He has been on probation in Texas since 2006 and is doing incredibly well. Upon his release from prison he got a job as a janitor and in four years he has become a plant manager. He has absolutely no probation violations. In early November 2010 CC went to renew his Texas Driver’s License but was told he had an outstanding warrant in Massachusetts that was causing his right to operate in Massachusetts to be suspended which in turn was causing his reight to drive in Texas to be placed in nonrenewal status. CC was told he would have to go to MA to get the warrant cleared up. Only problem is that CC cannot leave the State of Texas because he is on Probation for a sex offense. Without the license CC cannot get back and forth to work. On Friday, November 12, 2010 CC retained Attorney Joshua Lewin of Lewin & Lewin. Attorney Lewin went to Lowell District Court that same day and filed the appropriate papers to have CC’s 1988 drug case put on the Court list for Tuesday, November 16, 2010. The drug case was in default warrant status. On November 16, 2010 Attorney Lewin appeared in Lowell District Court; the DA’s Office at first did not want to let go of this 22 year old drug case. After some argument and persuasion the DA agreed to dismiss the case. The Judge ordered the case dismissed and the warrant recalled. Attorney Lewin left the District Court and went to the Registry of Motor Vehicles (RMV) with a copy of the Notice of Warrant Cancellation. Attorney Lewin had a hearing at the RMV and the restriction against CC’s driving privileges was lifted. The next day CC went to the Texas Department of Motor Vehicles and was able to renew his Texas license.
Fugitive From Justice Released
Last Friday, August 13, 2010, AJ, a 40 year old Israeli born US Citizen, traveled to the Middle East with his wife and 18 month old baby for a month long trip. They live in Ohio and on the return flight from Paris to the US they landed in Boston. When AJ’s passport was scanned it was discovered that there was an outstanding warrant for AJ’s arrest from the State of Pennsylvania. The charges in Pennsylvania included Being a convicted Felon in Possession of a Firearm, Possessing a Stolen Firearm, and Driving on a Suspended License. AJ was arrested by the Massachusetts State Police at the Airport and held for court on Monday. AJ’s wife and 18 month old baby stayed in Boston over the weekend to be present in Court on Monday. On Saturday, August 14, 2010 AJ’s wife contacted Attorney Lewin and retained him. On Sunday, August 15, 2010 Attorney Lewin went to Massachusetts General Hospital to visit with AJ. Because of a severe heart condition, AJ was transported from the State Police Lockup to a locked unit at the hospital where a Mass. State Trooper was stationed outside his room 24 hours per day. Attorney Lewin (on Sunday) got the case fully prepared and then on Monday, August 16, 2010 appeared in East Boston District Court where AJ was arraigned on a Criminal Complaint charging him with being a fugitive from justice from the State of Pennsylvania. Attorney Lewin prepared a Motion for Release on Bail that informed the judge about AJ’s circumstances and why he warranted consideration for release on bail.. The Interstate Compact on Rendition allows a judge to release a person arrested as a fugitive; although it is a power that is rarely used. After a thorough hearing the Judge admitted AJ to bail and by noontime on Monday AJ and his wife and baby walked out of the Courthouse and headed for the airport to return to Ohio and then to return to the court in Pennsylvania. Everyone told AJ to save his money and not hire a lawyer as no judge would release him where he was a fugitive from justice from another state and lived in a third state. Attorney Lewin told AJ if we make a proper showing that you are not a flight risk and if we give the Judge the tools he needs, the Judge may very well admit you to bail. The worst the Judge can say is no; but in this case the Judge said yes. The lesson in this is don’t give up. When you are in a tough fight you have to fight back with all the tools at your disposal and sometimes you have to reach for the unreachable.