Massachusetts Criminal Lawyer Blog
On August 1, 2017 TX, a 35 year old technology service coordinator for a school district in California, was stopped at Logan Airport after a search of his luggage revealed 5 MDMA pills. TX had just arrived from Lisbon, Portugal and was due to catch another plane to his home state of California. TX caught break after break. The Federal Authorities said they would not prosecute the case and turned it over to the State Police. The State Trooper who arrived on the scene asked TX if he wanted to go to jail. TX answered “No”. The Trooper then asked TX if he wanted to get arrested. Again TX answered “No”. The State Trooper then told TX to “expect a summons”. On August 24, 2017 the East Boston Municipal Court issued a summons for TX to appear for an arraignment on October 26, 2017 on a charge of Possession of a Class C substance.
TX contacted Attorney Robert Lewin from North Andover via phone. Attorney Lewin conducted an initial client interview/consultation with TX over the phone. The consult took about 1 1/2 hours. TX then retained Attorney Lewin.
Attorney Lewin obtained the police reports and reviewed them with TX. Attorney Lewin then contacted the Assistant District Attorney at the East Boston Municipal Court. Attorney Lewin was able to detail for the Assistant District Attorney all of the good points in TX’s background: TX’s lack of criminal record, good education, good employment, etc. Attorney Lewin and TX were concerned that having a drug charge on TX’s record would cause TX to lose his job in the school district where he worked. (Zero Tolerance Policy) Attorney Lewin understood that if the arraignment did not take place then no criminal record would be created. It is the taking place of an arraignment that creates a criminal record. Attorney Lewin suggested to the Assistant District Attorney a pre-arraignment disposition of the case.
TX assured Attorney Lewin that he could remain drug free and that any drug tests would be negative. Attorney Lewin proposed to the Assistant District Attorney that on October 26, 2017 – the date of the arraignment – that the arraignment be deferred for two months to December 20,2017 and if during those two months TX attended 8 NA meetings and gave a drug free urine test during the last week of the two months – then on December 20, 2017 TX would not have to fly ought to MA from CA and that the case could be dismissed on that date without the arraignment ever taking place. The Assistant DA agreed with Attorney Lewin’s proposal.
On October 26, 2017 TX and Attorney Lewin appeared before the Judge in East Boston. Attorney Lewin explained the agreement that he and the Assistant District Attorney had reached. The Judge adopted the agreement. The arraignment did not take place but was deferred until December 20, 2017. TX returned to CA. In the week before December 20, 2017 TX furnished to Attorney Lewin signed NA Attendance slips showing that TX had attended the agreed upon NA meetings and TX furnished to Attorney Lewin a drug screen (10 panel) showing all negative results.
On December 20, 2017 Attorney Lewin appeared in East Boston Court and presented the NA Attendance Sheets and the Drug Screen results to the District Attorney. Attorney Lewin then asked the Judge to order the case dismissed prior to arraignment. The Judge agreed and the case was dismissed prior to arraignment. As a result TX has NO criminal record. Because the arraignment never took place no entry is made in the CORI (Criminal Offender Record Information) System.
TX was thrilled with the result and sent Attorney Lewin a beautiful thank you note. For a lawyer it does not get much better.