Massachusetts Criminal Lawyer Blog

August 21, 2018

DOMESTIC ASSAULT & BATTERY DISMISSED IN LAWRENCE DISTRICT COURT

On May 20, 2018 NU, a 31 year old pest control worker, was arrested in Andover for assaulting his sister by alleging throwing her to the ground during an alcohol fueled argument. The was his third arrest for assault and battery in the last two years. Attorney Robert Lewin from North Andover had represented NU in the first two cases. One ended in a finding of not guilty and the second was dismissed. NU again consulted with and retained Attorney Lewin to represent him in this case. It was NU’s claim that his sister in an unprovoked attack had sucker punched NU in the mouth cutting his lip open and that in self-defense he had pushed her away from him. The sister called 911 and NU was arrested and charged.

The sister admitted to the police that she had punched NU in the mouth but she told the police that she had done that to defend herself. It was very apparent to Attorney Lewin that the sister had a valid Fifth Amendment claim not to testify – if she wanted to exercise it. Attorney Lewin advised NU that NU had every right to apply for a criminal complaint against his sister to level the playing field. NU did not want to press a criminal charge against his sister; however, the sister was informed that she herself had exposure to a charge being brought against her and that she had a right not to testify against her brother.

On June 25, 2018 NU and Attorney Lewin appeared in Lawrence District Court for a pre-trial hearing. Attorney Lewin explained to the DA that the sister had a valid Fifth Amendment claim and would probably exercise the claim. As is their usual custom the DA refused to dismiss the case at the pre-trial hearing. The case was continued for trial to Tuesday, August 21, 2018.

August 16, 2018

DOMESTIC ASSAULT AND BATTERY DISMISSED AT CLERK-MAGISTRATE HEARING

by Robert D. Lewin

On July 1, 2018 the Haverhill Police were called to a single family home in Haverhill for a reported domestic assault and battery. Mr. and Mrs. T and their son F, age 21, live in the house. F is a large man standing almost 6’4″ tall and weighing almost 350 pounds. F suffers from severe anxiety. F and his Mother, Mrs. T, got into an argument and as F hovered over her in a very threatening manner, Mrs. T shoved him away. Unbelievably, he picked up the phone and called 911 and claimed he had been struck by his Mother. The police responded and F told them that his mother had slapped him in the face. The police decided to arrest Mrs. T. She and her husband protested. A sergeant from the police station came to the house and ultimately it was decided that F would leave the house and that Mrs. T would not be arrested but rather would be summonsed to court for a Clerk-Magistrate Hearing.

Mrs. T consulted with and retained Attorney Robert Lewin from North Andover. It was obvious to anyone with any common sense that Mrs. T had NOT committed any criminal offense. Attorney Lewin immediately obtained the police reports and then contacted the police prosecutor. Attorney Lewin gave the police prosecutor the true picture of the case and that it was the son, not the mother, who had been the aggressor here.

On August 15, 2018 Mr. and Mrs. T and Attorney Lewin appeared for a hearing before the Clerk-Magistrate of the Haverhill District Court. Attorney Lewin explained all the circumstances of the case to the Clerk-Magistrate and requested that the Application for a Criminal Complaint for Assault & Battery against Mrs. T be denied. The Police Prosecutor and the Clerk-Magistrate agreed with Attorney Lewin’s request and the Clerk-Magistrate denied the application for criminal complaint against Mrs. T.

August 15, 2018

Speeding Ticket Win

by Robert D. Lewin

On April 6, 2018, AA, a 17 year old High School student was driving his younger sister to school. He got pulled over by the police and was issued a citation for speeding (50 mph in a 25 mph zone). Because he is a junior operator he was facing a loss of license of 90 days and mandatory attendance at a driver retraining program. AA mailed the citation in and requested a hearing. AA’s parents consulted with and retained Attorney Robert Lewin from North Andover to represent AA at his Court Clerk-Magistrate Hearing. Attorney Lewin had AA get for Attorney Lewin his high school report card (which was excellent) along with any awards that AA had received. The citation was set down for a hearing on August 15, 2018.

Before the hearing date (and after April 6, 2018) AA got stopped again by the same police department and was issued a warning for speeding (40 mph in a 25 mph zone). Attorney Lewin spoke with the Town Police Prosecutor prior to the hearing date to see if the Prosecutor had any objection to the Clerk not finding AA responsible on the ticket.

On August 15, 2018 AA, AA’s father, and Attorney Lewin appeared at Court for the hearing on the ticket. Attorney Lewin explained to the Clerk-Magistrate that AA was driving his sister to school and that he needs his license to help his parents with his three siblings, one of whom is disabled. The Clerk-Magistrate was troubled by the fact that AA had received a warning for speeding after the date of the first citation; nevertheless, the Clerk-Magistrate agreed to follow Attorney Lewin’s recommendation and continued the hearing on the ticket for six months to February 6, 2019. As long as AA does not get any more tickets then on February 6, 2018 the ticket will be dismissed and AA will not lose his license.

August 15, 2018

Second Offense Heroin Charge Dismissed in Lawrence District Court

by Robert D. Lewin

On November 28, 2017 JH, a 27 year old Assistant Manager at a sports equipment store, was observed sitting in his car in a mall parking lot injecting himself with heroin. The police arrived at JH’s car and removed JH from the car along with a bag of heroin. In 2013 JH had a prior Possession of Heroin case. JH was charged with Possession of Heroin and was summonsed to appear in Lawrence District Court. JH met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin explained to JH that Lawrence was a very treatment oriented court and that if JH was willing to get into treatment (outpatient) that there was a good chance the case could be dismissed.

On February 15, 2018 JH and Attorney Lewin appeared in Lawrence District Court for JH’s arraignment. Prior to the arraignment Attorney Lewin had spoken with an Assistant District Attorney about the case. The Assistant DA was concerned about the fact that JH had a prior heroin possession case. Attorney Lewin stressed to the DA that JH was committed to his treatment program and to remaining drug free. At the arraignment on February 15, 2018 the DA agreed to continue the case for six months and to dismiss the case if JH stayed out of trouble and remained in outpatient drug treatment. On August 15, 2018, JH having successfully remained in treatment, the case was ordered dismissed.

JH is to be commended. He is working hard to overcome his addiction to opiates. Even though his court case has been dismissed he remains in treatment and he remains drug free. Because Attorney Lewin took the time to meet with the Assistant DA prior to the arraignment JH was able to get a favorable resolution of the case on the arraignment date.

July 24, 2018

STRANGULATION AND DOMESTIC ASSAULT CHARGES DISMISSED IN LOWELL DISTRICT COURT

by Robert D. Lewin

XN, a 54 year old union executive from Dracut, lives in a condo with two women (AL and RR). The women are lesbians but he is their roommate/landlord with benefits. On April 24, 2018 XN had been out during the day with one of the women (RR) and then the two of them returned to the condo to find the other woman (AL) highly intoxicated and out of control. A fight broke out between the two women. XN tried to break up the fight and then called 911 to get AL, the drunken woman, out of the condo. The police responded to XN’s 911 call. Upon arrival the police spoke to AL. She told police that she had been attacked by XN. She said that XN had barged into the women’s bedroom and began punching and scratching AL. She further told the police that XN “grabbed her around the neck with his hands and began strangling her”. The police observed multiple scratch marks on AL’s face and two large bruises on her neck. AL went to the hospital and provided the police with a handwritten statement of what she said had happened. XN was arrested and brought to the Dracut PD. He was arraigned the next morning in Lowell District Court and he was released (fortunately for him) and his case was continued for a pre-trial hearing to May 30, 2018. XN had retained a lawyer but did not feel the Attorney was giving XN and his case the time and attention it warranted.

XN met with Attorney Robert Lewin from North Andover and retained Attorney Lewin. Attorney Lewin immediately obtained a copy of the 911 call that XN had made to the police. He also obtained copies of all the photos that the police had taken of AL. XN was adamant in his denial of any wrongdoing. Attorney Lewin met with RR, the third roommate, and she confirmed to Attorney Lewin that XN had done nothing to AL on April 24. She confirmed that AL had self inflicted the scratches on her face and the two bruises on her neck. A handwritten statement from AL recanting her allegations against XN was received by Attorney Lewin and was furnished to the District Attorney’s Office. In addition a handwritten statement from RR recanting her allegations against XN was received by Attorney Lewin and furnished to the District Attorney’s Office.

On May 30, 2018 a trial date of July 24, 2018 was set down.

July 16, 2018

Heroin Charge Dismissed in Lawrence District Court

by Robert D. Lewin

In August of 2014 MD, a 48 year old woman from NH, was a passenger in a car with NH plates that was being observed by under cover cops in Lawrence. The police observed the car being driven in an area which the police said was a high crime area – specifically for sales of heroin. The car stopped and a woman approached and was let into the car. The car drove around the block and then the woman was let out. The police believed that a drug transaction had taken place in the car and pulled the car over. A subsequent search of the car and MD’s pocketbook revealed packets of heroin and straws. Both MD and the woman driving the car were arrested and charged with possession of heroin. MD went to Lawrence District Court and was appointed a public defender. Eventually MD entered the Essex County Drug Diversion Program. As part of the program MD was subject to random drug testing. MD failed to appear for several of her drug tests and then tested positive. MD was sent a notice that she was being terminated from the Drug Diversion Program and she was ordered to appear in Court. MD failed to appear in Court and a warrant was issued for her arrest.

MD is not a citizen; she was born in Portugal and is a resident alien subject to deportation for a drug conviction. MD contacted Attorney Robert Lewin from North Andover. MD met with Attorney Lewin. Attorney Lewin reviewed the police reports and he reviewed the facts closely with MD and was convinced that the stop of the car and the search of the car that followed were illegal. Attorney Lewin told MD that a Motion to Suppress the Evidence should be filed. MD retained Attorney Lewin. On April 9, 2018 Attorney Lewin brought MD into Lawrence District Court; the warrant was cancelled and the MD was released and the case was continued to June 6, 2018 for the filing of a Motion to Suppress the Evidence. Attorney Lewin filed the Motion to Suppress and on June 6, 2018 the Judge continued the case for a hearing on the Motion to July 11, 2018. On July 11, 2018 Attorney Lewin and MD appeared at Lawrence District Court ready for a hearing on the Motion to Suppress. Attorney Lewin had filed a lengthy Memorandum of Law setting out precisely why the police search was unlawful.

At 10:00 AM the case was called and Attorney Lewin answered that the Defense was ready for the Hearing on the Motion to Suppress. The Assistant District Attorney announced that after reviewing the Motion and the facts of the case that Attorney Lewin was correct and the evidence should be suppressed. The Assistant District Attorney then asked the Judge to dismiss the case. The Judge looked over at Attorney Lewin; Attorney Lewin responded with a smile – “The Defense has no objection to the case being dismissed”. The Judge then ordered the case dismissed and MD walked out of the Courtroom a free woman. Once outside the Courtroom MD gave Attorney Lewin a very big hug and a kiss and thanked him profusely. It doesn’t get much better.

July 13, 2018

Another Abuse Prevention Order Denied

by Robert D. Lewin

On Tuesday, July 10 at 10:15 at night Attorney Robert Lewin was sitting at his desk and an email inquiry came into his inbox. It was a gentleman from Georgetown, MA who had to go to Haverhill District Court on Friday, July 13. The gentleman (whom we shall call SC) had been served with an Abuse Prevention Order that his former live-in girlfriend had taken out against him and it was scheduled for a hearing three days later. Attorney Lewin read the email and called SC at 10:30 that night. SC was floored that a lawyer would call him at 10:30 pm. SC and Attorney Lewin talked for about 1 hour. SC emailed Attorney Lewin paperwork. The next morning SC retained Attorney Lewin and Attorney Lewin went to work on the case. There was little time and much to do. Attorney Lewin obtained copies of the papers from the Haverhill District Court and on Wednesday afternoon spent two hours on the phone with SC going over all the evidence. On Thursday afternoon SC emailed Attorney Lewin a series of text messages that his ex-girlfriend had sent him. The ex was claiming that SC was a drunkard and was acting belligerently toward her and that their relationship had broken up in December 2017. She claimed that when he drank he was violent and she was afraid that he would hurt her. She claimed that they had not been intimate since December 2017.

On Friday, July 13, 2018 SC and Attorney Lewin and the ex-girlfriend and her lawyer appeared at Court. The case was called and the ex-girlfriend took the stand and began to tell her story to the Judge and even cried at one point. The Judge interrupted the girlfriend and was prepared to issue an order and Attorney Lewin demanded that there be a full hearing and that the Judge hear all the evidence. The Judge said fine, proceed with the hearing. The girlfriend testified that since early June she was afraid of SC. Attorney Lewin asked her if in late June she had sent SC a text offering to perform oral sex on SC if he would bring her home an iced coffee. She said she could not remember. Attorney Lewin presented her with her text message and asked her if she had sent it. She said yes. Attorney Lewin then asked her to read the text message to the Judge – she looked at the Judge and the Judge said read the message. She then read the message wherein she offered to give SC a blow job if he would bring her home an iced coffee. There was much more evidence that Attorney Lewin had, but the Judge intervened again and this time said that she could not issue an order. The Judge said that in order to issue an order the ex-girlfriend had the burden to prove that she had a reasonable fear of imminent serious physical harm from SC. The Judge said she could not make that finding in light of the evidence that Attorney Lewin had presented.

SC and Attorney Lewin left the Courtroom. SC was thrilled with the result – a result that Attorney Lewin had predicted to SC prior to the hearing. SC then turned to Attorney Lewin and thanked him and told Attorney Lewin that he would have paid Attorney Lewin twice what Attorney Lewin had charged him!

June 1, 2018

Violation of an Abuse Prevention Order – Dismissed

by Robert D. Lewin

CX, a 29 year old male consultant, and his former girlfriend, BH, had an up and down relationship. Unfortunately CX had a very short fuse and a very long temper and was prone to very angry outbursts against BH. Unfortunately for CX, he would communicate his outbursts against BH via text messages. CX and BH had previously lived in NY State and BH had obtained an Abuse Prevention Order against CX in NY. They both then moved to Massachusetts. Neither CX nor BH believed that the NY Order was effective in Massachusetts. That was their first mistake. Massachusetts, as does most states, has a law that makes an out of state abuse prevention order enforceable in Massachusetts as if it were an order from a Massachusetts Court.

After they moved from NY to MA they broke up and CX began seeing some other women. On or about April 23, 2018 CX learned through a text message from BH that BH had spoken with another man. CX went ballistic and went on a text rant. CX texted to BH’s Mother: “If you care about your daughter, have her call me now. Right f___ing now.” CX then texted BH directly “F__you. F___you. F___you. F___you. F___you. F___you. F___you. You F___ing idiot. Why did you write me that text. Did you mean to do that or not. You know the consequence. You know I have learned over time and will not make the same mistake twice.”

BH and her Mother went to the police and showed the text messages to the police. The police filed an Application for a Criminal Complaint against CX for Violation of the NY Abuse Prevention Order in Haverhill District Court. The Application was set up for a Clerk-Magistrate Hearing on May 31, 2018.

May 13, 2018

Harassment Prevention Order Denied in Lawrence District Court

by Robert D. Lewin

On April 30, 2018, JB, the mother of a fourth grade female student in a local Catholic School, went to Lawrence District Court and applied, on behalf of her 10 year old daughter, for an Harassment Prevention Order against SM, the mother of another female student in the class. JB alleged that SM over a five month period had “continued to touch her daughter inappropriately” at school. JB further alleged that SM had bullied her daughter at school. And lastly JB allegd that on April 28, 2018 SM had called the police and made a false report against JB.

Upon the filing of her Complaint for an Harassment Prevention Order the Court sent out a notice to SM that there would be a hearing on May 8, 2018. SM sought out a lawyer and met with and hired Attorney Robert Lewin from North Andover, MA. Attorney Lewin immediately went over to Lawrence District Court and obtained a copy of the affidavit that JB filed when she applied for the Harassment Prevention Order. Attorney Lewin and SM went over the affidavit word by word. Every claim that JB made was false and Attorney Lewin and SM were able to build a defense. Attorney Lewin and SM had two lengthy trial preparation sessions in which Attorney Lewin explained the do’s and dont’s of testifying in court.

On May 8, 2018 SM and Attorney Lewin appeared in the Restraining Order Session at Lawrence District Court. JB was there with her lawyer. After a full hearing – which lasted about 30 minutes – the Judge ruled that JB had not proven that her daughter had been harassed by SM and the Judge DENIED JB’s request for an Harassment Prevention Order. The level of preparation of SM and Attorney Lewin’s thorough understanding of the Harassment Prevention Order law were readily apparent to everyone sitting in the Courtroom.

May 13, 2018

Abuse Prevention Order Denied in Lawrence District Court

by Robert D. Lewin

From January 2013 to May 2013 JA, a then 29 year old Hispanic male from Lawrence was in a relationship with DO, a 28 year old Hispanic woman also from Lawrence. The both worked in the same factory. In May 2013 they broke up when JA took a trip to the Dominican Republic. After the breakup they continued working in the same factory and DO wanted JA back. She would send him texts and then she started sending JA nude and very sexual pictures of herself. She would give JA notes at work. He had moved on and was with another woman and he rebuffed all her advances. DO herself was in a relationship with another man and was living with this other man but was still trying to get JA back. In 2018 DO complained at work that JA was harassing her and JA got fired. JA then took all the pictures and notes that DO had sent to JA and sent them to DO’s boyfriend. DO went to Lawrence District Court and applied for an Abuse Prevention Order against JA. JA was served with the temporary order and a hearing was set for May 1, 2018 in Lawrence District Court.

JA met with and hired Attorney Robert Lewin from North Andover. With the assistance of a translator JA was able to give Attorney Lewin all the facts of the case. JA and Attorney Lewin had two lengthy sessions where Attorney Lewin prepared JA to testify at the hearing. In addition, JA was able to obtain and bring to Attorney Lewin his phone and text records that showed all the calls and texts that DO had sent to JA. The case was fully prepared.

On May 1, 2018 JA and Attorney Lewin appeared in the Restraining Order session at Lawrence District Court. DO was there. DO testified and JA testified. Attorney Lewin showed the Judge all the nude pictures and text messages that DO had sent to JA from 2013 to 2018. There was NO believeable evidence that JA had placed DO in fear of imminent serious physical harm. That is the basis on which DO was seeking an order against JA. At the end of the hearing the Judge ruled in JA’s favor and denied DO’s request for a restraining order.