Massachusetts Criminal Lawyer Blog
On Friday, May 31, 2024, LO, a 25 year old prep-cook, was on her way to work and was running late. She came to an intersection in Haverhill and had a red light. She ran the light almost causing an accident – all in the view of a Mass. State Trooper who was sitting in his patrol car. The officer immediately put on his blue lights and pulled LO over. He gave her a citation for Negligent Operation (which carries a 60 day loss of license) and Failure to Stop for the Red Light.
LO contacted Attorney Robert Lewin from Andover and retained Attorney Lewin. Attorney Lewin instructed LO to immediately bring her citation to Haverhill District Court and request a hearing. LO did that and a hearing was set up for August 6, 2024. Attorney Lewin reached out to the State Police Prosecutor and advocated on LO’s behalf with the police prosecutor. On August 6, 2024, Attorney Lewin and LO appeared in Haverhill District Court. Although there was probable cause to issue the criminal complaint against LO for the Negligent Operation and the Failure to Stop charges, Attorney Lewin pointed out that LO had no criminal record and no driver record. Attorney Lewin advocated for the Clerk-Magistrate to NOT issue a criminal complaint against LO. Attorney Lewin had fully prepared LO to address the Clerk-Magistrate.
The police prosecutor told the Clerk-Magistrate that he had no objection to Attorney Lewin’s request. The Clerk-Magistrate then continued the hearing for six months to February 4, 2025 and ordered that if LO was in no further trouble with the law then then entire matter would be dismissed on that date.
LO was thrilled with the result. Attorney Lewin explained the following to LO:
- NO criminal complaint was issued against LO.
- LO did NOT have to return to court and go before a judge.
- NO entry would be made in the Criminal Offender Record Information (CORI) system against LO.
- LO would have NO criminal record as a result of this.
- LO would suffer NO loss of license.
- Even the Failure to Stop Offense (a civil violation) was being DISMISSED.
Although this was a relatively straight forward case for Attorney Lewin, he took immediate control of the case, contacted the police prosecutor, prepared LO, went into the Clerk-Magistrate hearing fully prepared, and got LO the result she wanted. Attorney Lewin spent his first four years as a lawyer as a prosecutor in the District Attorney’s Office. For the last 49 years he has limited his practice to criminal defense. He has great working relationships with all the Judges and Clerk-Magistrates and Police Prosecutors throughout Essex and Middlesex Counties. He brings a level of knowledge and confidence that can only come from his vast level of experience.