Massachusetts Criminal Lawyer Blog
On May 20, 2018 NU, a 31 year old pest control worker, was arrested in Andover for assaulting his sister by alleging throwing her to the ground during an alcohol fueled argument. The was his third arrest for assault and battery in the last two years. Attorney Robert Lewin from North Andover had represented NU in the first two cases. One ended in a finding of not guilty and the second was dismissed. NU again consulted with and retained Attorney Lewin to represent him in this case. It was NU’s claim that his sister in an unprovoked attack had sucker punched NU in the mouth cutting his lip open and that in self-defense he had pushed her away from him. The sister called 911 and NU was arrested and charged.
The sister admitted to the police that she had punched NU in the mouth but she told the police that she had done that to defend herself. It was very apparent to Attorney Lewin that the sister had a valid Fifth Amendment claim not to testify – if she wanted to exercise it. Attorney Lewin advised NU that NU had every right to apply for a criminal complaint against his sister to level the playing field. NU did not want to press a criminal charge against his sister; however, the sister was informed that she herself had exposure to a charge being brought against her and that she had a right not to testify against her brother.
On June 25, 2018 NU and Attorney Lewin appeared in Lawrence District Court for a pre-trial hearing. Attorney Lewin explained to the DA that the sister had a valid Fifth Amendment claim and would probably exercise the claim. As is their usual custom the DA refused to dismiss the case at the pre-trial hearing. The case was continued for trial to Tuesday, August 21, 2018.
NU and Attorney Lewin met several times to prepare the case for trial. Attorney Lewin and NU went over the testimony and NU was fully ready to testify at his trial. On August 21, 2018 NU and Attorney Lewin appeared at Lawrence District Court. The case was called and Attorney Lewin answered that NU was ready for trial. The sister refused to appear in court. Attorney Lewin moved to have the case dismissed and the Judge dismissed the case for lack of prosecution.
NU is now 3 wins in 3 cases with Attorney Lewin. NU left the court a happy client.