Massachusetts Criminal Lawyer Blog
On September 30, 2022 TK was driving his large pick-up truck in Haverhill. He was behind a woman who was talking on her cell phone and driving very slowly. TK got upset with her and began to tailgate her. Finally the woman – who was still on her phone – pulled to the right to let him pass. As he passed her, his truck struck the side of her car. He did not stop. The woman was able to get his license plate and immediately called the police. TK drove to his home in another town. The Haverhill Police had the police in the other town go to TK’s house. There the police spoke to TK. He denied striking the woman’s car. The police examined TK’s truck and did not notice any damage consistent with a collision. The police did notice that the tires on TK’s truck were large and that the truck body was elevated and that it was quite likely that the tires struck the lady’s car. The Haverhill Police then charged TK with leaving the scene of a property damage accident. TK was summonsed to appear in Court for an arraignment.
TK consulted with and retained Attorney Robert Lewin from Andover to represent him. TK absolutely denied that he KNEW that there had been a collision. One of the things that the state must prove in a leaving the scene case (hit and run) is that the offender KNEW that there had been in a collision. In this case it appeared that the tire of TK’s truck had struck the other vehicle. That would lend credibility to TK’s assertion that he did not know that there was a collision.
Attorney Lewin spoke with the Assistant District Attorney (the prosecutor) and explained that TK did not know that there had been a collision. After some negotiating between the Assistant DA and Attorney Lewin, the Assistant DA agreed to continue the case generally for 1 year and then dismiss it. A general continuance of a case is not a plea bargain. With a general continuance there is no guilty plea and no admission of any guilt or wrongdoing. The case is simply left open for a period of time and then dismissed. Attorney Lewin refers to a general continuance as a dismissal that takes a little time to get there.
On December 21, 2022, TK and Attorney Lewin appeared in Haverhill District Court. Attorney Lewin and the Assistant DA told the Judge that the two sides had agreed to continue the case generally for one year. The Judge adopted the recommendation and ordered the case continued generally for one year.
Attorney Lewin explained the following to TK:
- His NOT guilty plea remains in full force and effect.
- There was NO change of plea. This was NOT a plea bargain.
- TK was NOT convicted of any criminal offense.
- There was NO admission of guilt and NO finding of guilt.
- There was NO “admission to sufficient facts for a finding of guilt” and there was NO “finding of sufficient facts for a finding of guilt”.
- At the end of the one year TK does NOT have to return to court and the case will be DISMISSED.
As TK and Attorney Lewin left Haverhill District Court, TK smiled and gave Attorney Lewin a big Thank You.
Attorney Lewin’s 51 years of experience in criminal law practice and his years of appearing in all the District Courts in Essex and Middlesex County yield great results for his clients.