Massachusetts Criminal Lawyer Blog
On March 3, 2018, SS, a then NH resident was arrested by the Methuen Police after they observed SS engage in a drug transaction. At the time of his arrest SS had 22.8 grams of fentanyl and 7.3 grams of crack cocaine on his person. He was charged with Trafficking Fentanyl (more than 10 grams) and Possession of Class B (the crack cocaine). The trafficking charge carried a state prison sentence of up to 20 years. The Lawrence District Court appointed a lawyer to represent SS. The DA’s Office did not want to take the case to Superior Court so the DA reduced the Trafficking charge to Possession with Intent to Distribute. SS insisted the drugs were for his own personal use. The DA would not agree to reduce the charge. SS went on the run for three years; however, he made good use of the three years. SS moved to Florida and went into a residential drug treatment program. He spent one full year in the program and came out of the program completely drug free. And he got himself a good job. In September 2021, SS returned to court. The warrant against him was recalled and he proceeded ahead with the court appointed lawyer. The DA would not agree to reduce the fentanyl charge to simple possession. The case lingered in court.
Finally in June of 2022, SS met with (via zoom) and retained Attorney Robert Lewin from Andover.
Attorney Lewin explained to SS that he had two choices: (1) He could take the case to trial or (2) He could plead guilty. Attorney explained that if SS went to trial, SS would clearly be found guilty of Possession of Fentanyl and Possession of the Crack Cocaine. Attorney Lewin felt that the chances were good that SS would not be found guilty of the “intent to distribute” portion of the charge. If he went to trial he would have to live with convictions on the two possession charges. Attorney Lewin further explained to SS that if SS pleaded to the two charges there was a good chance that the two charges could be “continued without a finding” and then dismissed. SS chose to plead to the two charges.
Attorney Lewin prepared a lengthy sentencing Memorandum for the Judge. In the Memorandum Attorney Lewin included a report from the drug treatment program that SS had successfully completed the one year program. In addition Attorney Lewin included letters from family members that spoke of SS’s drug rehabilitation. On July 18, 2022, SS and Attorney Lewin appeared at Court ready to do the plea. Attorney Lewin gave the Memorandum he had prepared to the Assistant DA and asked the Assistant DA to read it. Attorney Lewin told the Assistant DA that the evidence was overwhelming that SS did not intend to distribute any of the fentanyl. After much advocating by Attorney Lewin, the Assistant DA agreed to DISMISS the “intent to distribute charge”. The Assistant DA further agreed to join Attorney Lewin in recommending that the cases be continued without a finding. And the Assistant DA further agreed with Attorney Lewin that SS would NOT be subject to any drug testing. SS and Attorney Lewin then went before the Judge in Lawrence District Court and the Judge agreed to the reduction in the Fentanyl charge to straight possession and the the Judge adopted the agreement and continued both charges without a finding with no random drug testing.
SS was thrilled with the result. It took Attorney Lewin 1 month to get SS the result that he had wanted but had been unable to obtain for 4 years. In a review that SS posted on Google, SS wrote: ”
Mr. Lewin, you were worth 3x what you charged me. You were professional, caring, and effective. Thank you so much for representing me.”. It just doesn’t get much better!!