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 Following a trial by Judge he was sentenced to serve 14 months in the House of Correction and his license was revoked.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 License Suspensions
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.
CLEARING OLD WARRANTS
MC is now age 48 and resides in Vermont. From 1992 to 2000 he lived in Massachusetts and had a string of criminal offenses that brought him into New Bedford District Court, Hingham District Court, Barnstable District Court, and Wareham District Court. His crimes included the following: Larceny By Check (4 counts), Counterfeiting a Motor Vehicle Document (Title), Larceny Over $250 (2 counts), DUI Liquor, Operating to Endanger, and Operating After Suspension of License. In 2000 he left Massachusetts and settled down in Vermont. He started a business and became quite successful. Then he got a notice from the DMV in Vermont that Vermont would not renew his license because of outstanding warrants in four Massachusetts Courts. MC retained Attorney Robert Lewin who immediately went to all four courts. Copies of all the papers from all his cases in all four courts were obtained. The DA’s Offices in all four courts were contacted as well as the probation offices in all four courts. The cases in Barnstable District Court and Hingham District Court required only the payment of money and the obtaining of certain papers. MC paid the moneys that were owing and furnished the necessary papers and the cases in Barnstable District Court and Hingham District Court were resolved by Attorney Lewin without MC having to appear in Court. The warrants in both courts were cancelled and the cases in those two courts were closed. The cases in New Bedford District Court and Wareham District Court posed additional problems for MC. Incredibly all the witnesses in the cases in those two courts were still around and were anxious to testify against MC. MC had screwed several companies out of substantial sums of money and they wanted their money back or a piece of MC’s hyde. The DA’s Offices in both courts were prepared and willing to try the cases. Lengthy negotiations went on about paying the money back and on January 26, 2012 MC and Attorney Lewin appeared in Wareham District Court (at 9:00 AM) and in New Bedford District Court at 11:00 AM. In Wareham District Court MC made a payment of $6,000 in restitution and the Larceny Charges against him were outright dismissed and the warrants were cancelled. MC and Attorney Lewin then drove to New Bedford. In New Bedford District Court MC made a payment of $7,000 in restitution. The $7,000 was one-half of the money that he owed. By agreement with the DA’s Office the warrant against MC was cancelled and the case was continued for three months to pay the remaining $7,000 in restitution. The DAs Office has agreed to dismiss the charges against MC outright on the three month date if the $7,000 balance of the restitution is paid by that date. As a result, MC has walked away from a combination of several felony and misdemeanor charges in 4 courts after having been on default (i.e. on the run) for 12 years. He did not spend a day in jail. All his warrants have been cancelled and his driving privileges have been reinstated. MC was so pleased he gave Attorney Lewin a bonus!
HABITUAL TRAFFIC OFFENDER DODGES LOSS OF LICENSE
SN, a 23 year old Russian immigrant has a very heavy driving foot. Over the past three and a half years he has accumulated 11 “surchargeable events” on his driving record. Under Massachusetts Law any operator who accumulates 12 “surchargeable events” in a five year period becomes classified as a Habitual Traffic Offender (HTO) and loses his license for 4 years. After one year there is eligibility to apply for a hardship license. SN was driving home on Route 93 North in Methuen. According to the police officer who pulled him over, SN was going 91 mph in a posted 65 mph zone and the zone was a construction zone (the fines get doubled). The officer cited SN for speeding in a construction zone and for failure to keep right. The officer had followed SN for some distance and the speed was estimated, clocked, and lidar checked. These two infractions would put SN into the 12 surchargeable event range and he would lose his license for 4 years. SN drove for a living, which is part of the reason he accumulated so many tickets. SN retained Attorney Robert Lewin. On September 20, 2011 SN and Attorney Lewin appeared at Lawrence District Court for the hearing before the Clerk-Magistrate. At the beginning of the hearing the police prosecutor (a Massachusetts State Trooper) quite inappropriately referred to SN’s driver record and stated to the Clerk that SN had a terrible record and that SN had just not learned. The prosecutor then stated that he did not have a copy of the citation. Attorney Lewin immediately asked that SN be found not responsible and the Clerk-Magistrate agreed and entered a finding of not responsible on the two violations on the ticket. At a hearing on a civil motor vehicle infraction citation the police must have a copy of the citation or report in order to go forward. In the absence of a citation or report the motorist is entitled to a finding of not responsible. The whole hearing played out in less than a minute and SN had no clue what happened until he and Attorney Lewin got outside the hearing room and left the Court and Attorney Lewin explained his good fortune.
Driver’s License Revocation for Immediate Threat Reversed
KG, the owner of a large construction company on Nantucket, is a giving man. He built a beautiful home for his sister and installed a large sea-shell covered driveway for her. The home and property was worth hundreds of thousands of dollars, but KG did not ask for any payment in return. He had only one request: to store their brother’s 1982 vintage Chevy pickup truck in the garage. Their brother was killed when he was just 18 years old and had completely restored the pickup. KG had kept the pickup truck for more than a decade as a keepsake. The truck had tremendous emotional value to KG. KG’s sister agreed. Soon after KG completed construction of the house for his sister, KG’s niece and her husband convinced KG’s sister to sign the house over to them for “estate planning purposes”. The niece and nephew quickly moved into the house and treated it as their own. KG was very upset, as he had built the house for his sister, not them. Then, one day, KG was driving by the house when he noticed that his niece and nephew had put his brother’s car outside and left it out in the rain with the windows open. KG was enraged. He went back to his construction warehouse, got into a bulldozer and drove to the house. When he got there, he began digging the shells off the driveway. The niece and nephew came running outside, with a friend, and tried to stop him. Their friend tried to stop KG as well. Not a good idea. KG drove the bulldozer at the friend and almost ran him over. Unbeknownst to KG, the friend was an off-duty Massachusetts State Trooper. The Trooper pulled his badge and tried to get KG to stop. KG again drove the bulldozer at him. After digging up the entire driveway and leaving a huge pile of shells blocking the entrance to the house, KG drove the bulldozer back the construction yard, only to be met by police officers. KG was charged criminally and the State Trooper reported the incident to the Registry of Motor Vehicles. The Registry revoked KG’s driver’s license upon determining that he posed a immediate threat to the public. The law allows the RMV to revoke a person’s license or right to operate if the RMV determines that the person poses an “immediate threat” to the lives or safety of the public. It is often used in cases where a person uses a motor vehicle to assault someone or to intentionally destroy property. We also see an “immediate threat” used by the RMV to revoke the driving privileges of elderly persons who in the eyes of the RMV are not competent or fit to drive.The revocation was permanent and meant that KG could no longer work without having to hire a full-time driver. It also meant that he could no longer take his kids to and from school or do any of his normal activities. It was disastrous. KG retained attorney Joshua Lewin to challenge his immediate threat license revocation. Attorney Lewin prepared the case and represented KG at a hearing at the RMV. Attorney Lewin presented a compelling case to a hearing officer. After the hearing, the Hearing Officer reinstated his license. KG returned to Nantucket – driving himself all the way home from Boston.
FLORIDA RESIDENT WITH MASSACHUSETTS PROBATION VIOLATION
In 1992, JB pled guilty to possession of cocaine and heroin in the Lowell District Court. He was sentenced to one year in the House of Correction, but the Judge suspended the jail sentence for one year. This meant that JB would never see the inside of a jail cell so long as he complied with the terms of his probation for one year. During his third month of probation, however, JB left snowy Massachusetts and moved to sunny Florida without getting the approval of his probation officer or the Judge. The Probation Department at Lowell District Court issued a Notice of Surrender for Alleged Violation of Probation and the Court issued an arrest warrant in 1993 for JB. JB never returned, instead establishing himself and a career in Florida. After 17 years living in Florida, however, the law caught up to JB. While attempting to renew his driver’s license, the State of Florida informed him that he had an outstanding warrant in Massachusetts and that Florida would not renew his driver’s license until the warrant was cleared. JB needed his license to work but was scared that the Judge would send him to jail for one year if he returned to Massachusetts. JB called attorney Joshua Lewin and explained the situation. After discussing the case, JB retained Attorney Lewin. Attorney Lewin promptly went to the Lowell District Court and was able to get the warrant recalled without JB having to be present in Court. As a result, JB was able to renew his license in Florida and he was not without a license for a single day. But that was only half the battle, as JB was still facing a one year jail sentence in Massachusetts. Attorney Lewin spoke to the probation department and court prosecutors about the case. On a snowy April morning, JB returned from Florida to Lowell and appeared in front of the Judge with Attorney Lewin. Attorney Lewin persuaded the Judge that it was not in the interests of Justice to send JB to jail. In fact, Attorney Lewin’s argument was so persuasive that the Judge terminated JB’s case entirely and set him free without any punishment. When he came to Massachusetts, JB was facing a one year jail sentence. The only punishment he got was having to deal with a freak New England spring snow storm. That was punishment he was willing to accept. Oftentimes we are able to get the Judges to terminated probation in these old cases without the client having to return to Massachusetts; every now and then, however, we get a judge who insists that the client return to Massachusetts. This was the case here; but when the client did appear the Judge terminated the probation and discharged the client from any further responsibility in the case.
CONVICTED DRUG OFFENDER GETS LICENSE BACK
JP, who is 47 years old, had been an oil burner technician his entire adult life. His job required not only that he have a license, but also that he have a commercial driver’s license. In 2008, before he hired Lewin and Lewin, JP was convicted of various drug related offenses. As a result, the Registry of Motor Vehicles suspended JP’s driver’s license for five years. Even worse, however, the RMV revoked his commercial driver’s license for life. (Drug convictions in Massachusetts carry with them a suspension/revocation of the convicted person’s driver’s license – even though the drug case may have had nothing to do with driving. If the drug charges are continued without a finding then there is no conviction and no loss of license.) This effectively meant that JP could never return to work and his career as an oil burner technician was over. In February 2011 JP retained Attorney Joshua Lewin. Attorney Lewin promptly filed a petition at the Board of Appeal in Boston, requesting that the Board rescind the lifetime revocation of his CDL and issue JP a license so that he could return to work. On March 9, 2011, Attorney Lewin appeared with JP before the Board of Appeal. The prosecutor from the RMV argued that JP’s license should remain suspended. Attorney Lewin, who had prepared a detailed and persuasive memorandum, argued to the members of the Board that they should reinstate JP’s license and rescind the revocation of his CDL. Two days later, JP received the Board’s decision: Petition allowed. The Board issued JP a license so he could return to work and rescinded the lifetime revocation of his CDL. As JP stated after receiving the decision and getting his license back: “this was the best money I could have spent.” In the background, Attorney Lewin could hear the sound of JP’s truck. JP was back on the road.
CALIFORNIA RESIDENT GETS MASSACHUSETTS WARRANT CLEARED
For RD, a sixty-two year old California real estate broker, life was good until in 2011 the California Department of Motor Vehicles refused to renew his driver’s license because RD’s driving privileges in Massachusetts were suspended. It turns out that in 1983 (yes, 28 years ago) RD was arrested for DUI in Massachusetts. Back in 1983 he went to Westborough District Court (Massachusetts), pleaded guilty, was placed on probation for one year and ordered to complete a first offender drunk driving program. Before beginning the program RD’s then employer moved his job to California. RD “blew off” the probation and the DUI Program and moved to California. RD got a California license and for the next 28 years life was good. Meanwhile RD’s case in Westborough District Court went into default status, a notice of probation violation was issued, a warrant for his arrest issued, and the Massachusetts Registry of Motor Vehicles suspended his driving privileges in Massachusetts. Unfortunately for RD, over the years the computer tracking systems dramatically improved and in March of 2011 the California Department of Motor Vehicles notified RD that he could not renew his California license until he got reinstated in Massachusetts. On Friday, March 4, 2011 RD contacted Attorney Lewin. Attorney Lewin contacted the Westborough District Court and confirmed that RD was in default of his probation and that there was a warrant outstanding against him. The Chief Probation Officer at the Court took the position that RD had “blown off” his probation and therefore they were unwilling to do anything for him unless he returned to Massachusetts. And then Probation’s position was that RD should suffer a 1 year loss of his driving privileges in Massachusetts (the typical penalty in Massachusetts for persons who are either kicked out of the program or fail to attend). This would have meant a one year loss in of license in California. On Saturday, March 5 RD wired a retainer to Attorney Lewin. Over the weekend Attorney Lewin did a one-hour phone conference with RD and gathered all the necessary information from RD so that an effective written and oral presentation could be made to the Judge on Monday and Attorney Lewin prepared a Motion to get the matter cleared up. On Monday afternoon, March 7, 2011 Attorney Lewin appeared in Westborough District Court. The Chief Probation Officer’s position had not softened. After a full hearing on the Motion that Attorney Lewin presented to the Judge, the Judge took the following action: (1) The Judge excused RD’s appearance in Court and allowed Attorney Lewin to appear in his behalf. (2) The Judge removed the default that had entered back in 1983. (3) The Judge ordered the Warrant cancelled. (The cancellation of the warrant is the first required step in getting the driving privileges reinstated.) (4) The Judge found that RD was in violation of his probation because he left the state without permission, because he failed to complete the DUI program, and because he had failed to report to probation. (5) The Judge then reprobated RD and extended his probation for 5 months and ordered that he could now do the First Offender DUI Program in California. (Over the weekend Attorney Lewin had downloaded information on the California First Offender DUI Program and furnished it to the Judge anticipating that the Judge might take that course.) Attorney Lewin left the courthouse late that afternoon and called RD in California. Attorney Lewin told RD that Attorney Lewin still had to go to the Massachusetts Registry of Motor Vehicles to complete the process. On Tuesday morning, March 8, 2011 Attorney Lewin went to the Massachusetts Registry of Motor Vehicles with the Notice of Warrant Cancellation from Westborough District Court. After a hearing the Massachusetts Registry of Motor Vehicles cancelled the suspension of RD’s driving privileges. This information was then entered (electronically) by Masscahusetts into the National Driver Register (NDR) System. Attorney Lewin left the Registry of Motor Vehicles building and called RD in California and told RD to get over to the California Department of Motor Vehicles and get his license. RD told Attorney Lewin “If you were standing in front of me I would give you a big hug!!!!” RD got his California License that same afternoon. Within 48 hours of being hired Attorney Lewin was able to clear up this 28 year old problem.
VIRGINIA MAN WINS DRUG CASE IN MASSACHUSETTS AND GETS HIS LICENSE REINSTATED
Carlos F, a thirty year old laborer, was arrested in Malden, Massachusetts in 2004 with a small amount of cocaine in his sock. He was living in Massachusetts at the time and went to Malden District Court where he was charged with possession of cocaine. Before his case was finished Carlos left Massachusetts for greener pastures in Virginia. As a result of his leaving, Carlos was defaulted in Malden Court and the Court issued a warrant for his arrest. As a result of the warrant the Msssachusetts Registry of Motor Vehicles suspended Carlos’s license. Meanwhile Carlos had obtained a Virginia license and lived and worked in Virginia from 2004 to 2011. In late 2010 Carlos received a notice from the Virginia Department of Motor Vehicles that his Virginia license was being suspended because he was under suspension in Massachusetts. Carlos wrote letters to the Masssachusetts Registry of Motor Vehicles and he wrote to the Malden District Court trying to resolve the case without coming to Massachusetts; his letters fell on deaf ears. In early March 2011 Carlos retained Attorney Lewin. Attorney Lewin immediately contacted the District Attorney’s Office to see if they would be willing to dismiss the case without Carlos coming to Massachusetts. At first the DA was adamant that they wanted Carlos to come to Court to face the cocaine charge. The arresting officer was still on the force; the drugs were still in the evidence locker; the state could easily prove its case. Attorney Lewin suggested to the DA that the state could use money – given the difficult economic times. Atorney Lewin suggested dismissing the case upon the payment of $500 in Court costs. The DA bit the bait and when the horse trading finished an agreement was reached to dismiss the cocaine charge on the payment of $1,500 in Court costs. Carlos needs three months to make payment and the DA agreed to a payment schedule of $500 per month. We still needed to get the presiding Judge in Malden Court to adopt this agreement. Judge Johnson is not an easy Judge in this type of case; he does not like people who “take off” and then when their driving privileges get suspended in some other state come back here lookling for relief. He often requires the people to come back to Massachusetts to “face the music”. On Monday morning, March 7, 2011 Attorney Lewin went into Malden Court and presented a written Motion seeking relief. After a hearing in which the DA joined in a request to dismiss the case upon the payment of $1,500 over three months the Judge granted Attorney Lewin’s request. The Judge excused Carlos’s appearance, the Judge removed the default, the Judge cancelled the warrant (the cancellation of the warrant is the first step in getting the driving privileges reinstated), and the Judge ordered the case dismissed upon the payment of $1,500 in three months. Attorney Lewin left court and called Carlos in Virginia and gave him the good news. Attorney Lewin told Carlos that Attorney Lewin was going to the Massachusetts Registry of Motor Vehicles to try to get his driving privileges reinstated. The next day Attorney Lewin went to the Massachusetts Registry of Motor Vehicles and had a hearing with a hearing officer to get Carlos’s driving privileges in Massachusetts cleared. It turned out that Carlos had two Massachusetts Licenses. This took a little doing to unravel but by the end of the day on Tuesday, March 8 Carlos’s driving privileges in Massachusetts were reinstated. Attorney Lewin called Carlos with the news; Carlos then went to the Virginia Department of Motor Vehicles and got his Virginia license reinstated.
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.