Massachusetts Criminal Lawyer Blog
On December 19, 2018 Attorney Robert Lewin from North Andover appeared in Newburyport District Court for a Clerk-Magistrate Hearing on an application for a criminal complaint that had been filed by the Rowley Police against KX, a 23 year old male laborer, who had left the scene of two accidents in the early morning hours of October 14, 2018. For the fifth time in the last three months Attorney Lewin was successful in getting a leaving the scene of property damage case dismissed. (Salem District Court on December 16, 2018, Lowell District Court on November 16, 2018, Newburyport District Court on September 7, 2018, and Lawrence District Court on September 20, 2018. All these other cases are reported elsewhere in this blog site.)
On October 14, 2018 KX was driving his pickup truck from a friend’s house in Amesbury to his apartment in Beverly. It was around 1:00 AM. As KX was travelling southerly on Rt. 1A in Rowley he entered a turn in the road but took the turn too widely. His truck traveled over the curb and smashed two large wooden planters and a mailbox set atop a concrete post. KX then went across the road dropping wooden debris from the back of his pick up all over the road. A car coming the other way ran over the debris and was damaged. KX decided not to stop and continued to his apartment. When he pulled into the parking area at his apartment he struck his landlord’s truck but did not report that either and went directly into his apartment. Unfortunately for KX he dropped his front bumper and license plate at the scene of the original accident. The Rowley Police were called to the scene of the original accident, found the license plate, ran the plate, and then had the Beverly Police go to KX’s apartment where they found KX’s truck and his landlord’s truck. KX spoke with the Beverly Police and admitted to them that he had been in the two accidents and had failed to stay at the scene. The next day the Rowley Police issued a citation to KX for two counts of Leaving the Scene of a Property Damage Accident. Each count carries a jail sentence of between 2 weeks and 2 years.
KX’s parents contacted, met with, and retained Attorney Robert Lewin from North Andover, MA. Attorney Lewin told them that it was imperative that KX take the citation and hand deliver it to the Newburyport District Court to request a Clerk-Magistrate Hearing immediately. KX did that. Attorney Lewin then reached out to the Rowley Police and spoke with them in an attempt to get them to agree to resolve the case at the Clerk-Magistrate hearing without a criminal complaint being issued against KX. Attorney Lewin also reached out to KX’s insurance company to get assurance from the insurance company that the insurance company would pay for the damages caused.
On December 19, 2018 Attorney Lewin, KX, and KX’s parents all appeared at Newburyport District Court for the Clerk-Magistrate Hearing. Attorney Lewin pointed out that KX had no criminal record and that the insurance company had given assurance that any damages would be paid for by the insurance company. Attorney Lewin stressed to the Clerk-Magistrate how important it would be for KX to keep his criminal record clean. After a lengthy discussion between the Clerk-Magistrate and the Police Prosecutor and Attorney Lewin the Clerk-Magistrate agreed NOT to issue a criminal complaint against KX. What the Clerk-Magistrate did do is leave the hearing open for one year. If KX gets into trouble with the law during that one year then a criminal complaint will be issued against KX for the two counts of Leaving the Scene and he will have to return to court. On the other hand, if KX can avoid any new problems with the criminal law, then on December 19, 2019 the application for criminal complaint will be denied.
As a result of this disposition, note the following:
- KX was NOT arrested
- KX was NOT charged with any criminal offense.
- NO criminal complaint was issued against KX.
- KX has NO criminal record as a result of this incident.
Needless to say, KX and his parents left the Courthouse very happy with the outcome.