Massachusetts Criminal Lawyer Blog

January 1, 2018

Drug Dealer from Maine Gets a Break in Newburyport District Court

On November 15, 2017, SS, a 33 year old entrepreneur from Maine, was driving from Maine to New York City to catch a plane to South America to attend a wedding. While on Route 495 South he got pulled over for a marked lane violation. One thing lead to another and during a search of SS’s vehicle the police found a digital scale, 3 pounds of marijuana, 10 grams of mushrooms, 15 grams of THC extract packaged and marked for distribution, and Xanax. In addition SS had $1,000 in US Currency.

SS was arrested and brought to Newburyport District Court where he was charged with the following offenses:

Possession of Class C with Intent to Distibute (The THC Extract)(A Felony)

November 16, 2017

2 Harassment Prevention Orders Vacated In Lawrence District Court

by Robert D. Lewin

MT, a woman in her mid sixties, lived in a single family house in Andover with her husband. Immediately adjacent to MT’s property lived a family in another single family house. MT had issues. MT did not like certain things that her next door neighbors did in their yard. When the neighbors would come outside MT would go out into her yard and stare at the neighbors. Then MT began shouting obscenities at the neighbors (in the presence of the neighbor’s minor children). The neighbors began to keep a diary of the incidents and finally in October of 2016 went to Lawrence District Court and both the husband and wife were granted Harassment Prevention Orders against MT. The orders were to expire on October 24, 2017. In December of 2016 MT saw her neighbor in the yard; MT went outside into her yard and walked over to the property line and began to stare at the neighbor. The neighbor got out his camera and began to film MT. The neighbor then went into his house and called the police. The police came and arrested MT and charged her with violating the Harassment Prevention Order. MT went to court and was placed on probation for violating the order. As the one year anniversary date of the order approached MT contacted and retained Attorney Robert Lewin of North Andover, MA to fight the extension of the order. Attorney Lewin told MT that where she had plead guilty to violating the order and where she was on probation for violating the order that it would be an uphill fight to get the order vacated.

The law with reference to extending these Harassment Prevention Orders is that the plaintiff (the person seeking to have the order extended) has the burden of proving that there is still a need for the order – that is that there is still a reasonable fear of the plaintiff being harassed – at the time the extension is sought. The law is identical with reference to extension of Abuse Prevention Orders as well.

Attorney Lewin thoroughly prepared MT to testify in court and Attorney Lewin prepared a written legal memorandum for the judge setting out in particular that the plaintiffs (MT’s neighbors) had the burden of proving that they still had a reasonable fear of being harassed by MT. On October 24, 2017, after a full hearing at which both sides testified, the judge in Lawrence District Court ruled in MT’s favor and refused to grant an extension of the order.

November 15, 2017

ANOTHER DOMESTIC ASSAULT CASE DISMISSED

by Robert D. Lewin

On August 9, 2017 UL, a 36 year old building contractor from Andover, was at home with his wife and children. The kids were asleep and UL and his wife got into an argument. UL’s wife was sitting on a couch in the family room of their home. UL, a very large and strong man, picked up the TV controller and threw it. The controller hit a window behind where UL’s wife was sitting and caused the window to smash. UL’s wife picked up the phone and dialed 911. The police responded. UL admitted throwing the controller. According to the police report UL told the police that he threw the controller at his wife. The police arrested UL and he was brought to the station. The police charged UL with Assault by means of a dangerous weapon (a felony). He was brought to Lawrence District Court the next morning. He was arraigned and released. His case was continued for a pre-trial hearing to September 25, 2017.

UL contacted and retained Attorney Robert Lewin from North Andover, MA. It became apparent to Attorney Lewin that UL had never intended to strike his wife with the controller. It also became apparent that he did not throw the controller at his wife nor did he ever intend to put her fear of being hit by the controller. A close look at the physical evidence showed that UL’s wife was sitting to the far left of the couch in the family room. UL was standing relatively close to his wife at the time he threw the controller. The controller broke a window to the right of the couch. It became clear that the controller was not thrown at her or towards her.

On September 25, 2017 Attorney Lewin and UL went to Lawrence District Court for the pre-trial hearing. Attorney Lewin spoke with the Assistant District Attorney about the case and showed her the physical evidence and how the physical evidence did not line up with any intent to hit his wife or to place her in fear of being hit. September 25, 2017 was a pre-trial court date, not a trial date. It is most unusual for the District Attorney’s Office to agree to dismiss a domestic assault case at pre-trial. They almost always wait for the trial date. In this case however, the Commonwealth’s evidence showed that UL had not intended to hit his wife or put her in fear of being hit. The DA agreed to dismiss the case. The case was called and UL and Attorney Lewin went before the Judge. Attorney Lewin explained to the Judge that he and the Assistant District Attorney had conferenced the case and that based on the evidence the Commonwealth would be requesting a dismissal. The DA agreed and the Judge ordered the case dismissed.

November 12, 2017

30 YEAR OLD WARRANT CANCELED AND LICENSE REINSTATED

by Robert D. Lewin

RW, a 57 year old owner of a landscaping/irrigation business in Tennessee, received a notice from the Tennessee Department of Motor Vehicles that his Tennessee License was being suspended because Massachusetts had suspended his right to operate a motor vehicle due to an outstanding warrant in a Massachusetts Court. RW needed a license to run his business and to do all the things that we all do with a license. Unfortunately for RW the warrant was a probation violation warrant. Thirty years earlier, in 1987, RW had been found guilty of Larceny Over $250.00 in Cambridge District Court. He was given a 1 year suspended sentence and placed on probation for 2 years and ordered to pay restitution. Now, 30 years later, he was at risk of having that 1 year suspended sentence put into effect. On Tuesday, October 10, 2017 RW called Attorney Robert Lewin in North Andover, MA and explained the situation. Attorney Lewin told RW that he would call him back. Attorney Lewin called the Clerk-Magistrate’s Office and was able to get the details on the case including the bank to whom the restitution was owing. The bank was no longer in business. Attorney Lewin called the probation office at the Court. It turns out that RW’s probation officer from 30 years earlier still worked in the probation department! He was now the Chief Probation Officer. Attorney Lewin explained RW’s situation to the Chief Probation Officer and explained that the bank was no longer in existence. As promised, Attorney Lewin called RW back (that same Tuesday) and explained the situatuion to RW and explained that he felt he could get the warrant canceled and the case resolved without RW coming to Massachusetts. The next day, Wednesday, October 11, 2017, RW hired Attorney Lewin. The following day, less than 24 hours after being retained, Attorney Lewin went to Cambridge District Court and had the case sent into the Courtroom. Attorney Lewin explained to the Judge that the bank was no longer in existence and that the probation office was not looking for any additional sanction. Attorney Lewin explained that RW had left Massachusetts and moved to Tennessee shortly after being placed on probation. Attorney Lewin asked the Judge (a) to waive (excuse) RW’s appearance in court, (b) to allow Attorney Lewin to appear in RW’s absence, (c) to order the warrant canceled, (d) to terminate RW’s probation, and (e) to discharge RW from any further responsibility to the Court. The Judge granted the request and the case was closed.

Attorney Lewin left the courthouse at 9:35 AM and called RW. RW could not believe the news. Attorney Lewin explained to RW that it would take 24 hours for the Massachusetts Registry of Motor Vehicles to remove the suspension of RW’s right to drive and an additional 24 hours for that to get entered into the National Driver Registry. Two days later RW walked into the Tennessee Department of Motor Vehicles and got his Tennessee License reinstated.

After 42 years of criminal defense practice and 4 years before that as an Assistant District Attorney, Attorney Lewin knew just whom to call and what to say to get the quick and most favorable result possible.

November 10, 2017

3 Counts of Violation of an Abuse Prevention Order Dismissed Prior To Trial

by Robert D. Lewin

Introduction to this case summary and a personal note from Attorney Robert Lewin: Attorney Robert Lewin became a lawyer in 1971. Forty years earlier in 1931 Attorney Robert Lewin’s father, Henry Lewin, became a lawyer. Henry Lewin practiced law until his death in 1987. One of the many lessons that father imparted to son was that a case well prepared was ninety percent won. Attorney Robert Lewin has made it his mission to ALWAYS be prepared when he walks into the courtroom. In addition, Attorney Robert Lewin always makes sure that the client is fully prepared for what lies ahead with their case. The case of DL which follows is an example of a case being won before trial by thorough preparation and by a lawyer and a client working closely together to get a desired result.

DL, a 37 year old male acupuncturist from Methuen, was in a relationship with a 41 year old male accountant from Waltham. The relationship turned stormy and a torrent of emails and texts were exchanged between the two men. The accountant, who had a flair for embellishment, went to Waltham District Court and applied for an Abuse Prevention Order against DL. The Judge in Waltham, based on the affidavit written by the accountant, granted the accountant an ex parte order. An ex parte order is an order that is granted without any notice being given to the other side. The order was faxed to the Methuen Police. The police then served the order on DL. Later in the day that the order was served on DL, DL went to the Methuen Police Department to show them messages that had been sent by the accountant to DL. DL left the police station with his phone in his pocket. Several hours later the Methuen Police went to DL’s home and arrested him for three counts of violating the Abuse Prevention Order.

According to the police report from the Waltham Police shortly after DL was served with the Abuse Prevention Order a call was sent from DL’s iPhone to his ex-boyfriend’s phone. Also according to the police report there was a text allegedly sent by DL to the ex-boyfriend from a phone number that the ex-boyfriend claimed that DL used. Lastly according to the police report there was a telephone call allegedly from from DL’s phone to the ex-boyfriend’s phone.

November 7, 2017

THREAT TO KILL CHARGE DISMISSED IN LAWRENCE DISTRICT COURT

by Robert D. Lewin

This case goes under the heading of “Some guys just don’t know when to quit.” KQ, a 32 year old security guard, and his former girl friend (BG), a 30 year old nurse, had one child – a six month old daughter. In the late fall of 2016 their relationship came to an end. KQ was licensed in MA to carry a firearm and he lawfully possessed a gun. On December 17, 2016, KQ, unhappy with the breakup of their relationship, sent an angry text message to BG. In the text message he wrote: “If anything happens to my daughter, you and your partner will get shot.”. BG ignored the text. On February 21, 2017 KQ – still angry over the breakup of the relationship – went to BG’s house in Lawrence. BG tells him to leave and slaps him across the face. KQ goes to the Lawrence Police Department and makes a complaint against BG for an assault and battery! The police go to BG’s house and speak with her. She admits that she slapped him but then she shows the police the text message that he sent her back in December in which he threatened to shoot her. The police charge them both. They charge him with threat to kill and they charge her with assault and battery. KQ consults with and hires Attorney Robert Lewin from North Andover.

Attorney Lewin and KQ had a lengthy discussion about KQ’s actions. It took a while but KQ finally acknowledged how stupid he was to put the threat in writing in a text message and how even more stupid he was to go to the police after BG slapped him across the face.

In any event both KQ and BG were arraigned in Lawrence District Court. BG retained an attorney whom Attorney Lewin knows well. Attorney Lewin called BG’s attorney and proposed that both KQ and BG would exercise their Fifth Amendment privilege not to testify against one another. This would make prosecution of either case very difficult for the state. BG’s attorney agreed.

November 2, 2017

DOMESTIC ASSAULT & BATTERY WITH SERIOUS BODILY INJURY DISMISSED

by Robert D. Lewin

KD, a 50 year old electrician from Plaistow, NH, had been in an on again off again relationship with a woman from Pepperell, MA. She had a serious alcohol problem and every time he would break off the relationship she would do something crazy. On one occasion she reported to the police that he had sexually molested his 16 year old daughter who lived with him (he had legal custody). As a result of that report he was investigated by the police and the Department of Children & Families. He was completely cleared of those allegations. In the late fall of 2016 they broke up. On a night in February of 2017 she called him and told him that she had no food in the house and that she needed him to repair an electrical outlet for her. He told her he would come over to her apartment and that he would bring in Chinese food to eat and that he would fix the electrical outlet. KD went to her apartment (3rd floor walk-up) and brought in a dinner of Chinese food and his electrical tools to fix the outlet. When he arived he put the food down on the table and went to fix the outlet. She had been drinking and she began to accuse him of sleeping with her sister and with whores. He picked up his tools and headed for the door. According to the police report she was standing in the doorway at the top of the flight of stairs from the third floor to the second floor when he shoved her down the stairs causing her to fall and break her ankle. The police report continued that he then stepped over her and left her there laying on the second floor landing with a broken ankle. A tenant on the second floor heard the noise and then came out onto the second floor landing and saw her laying on the floor in pain with a broken ankle. The police were called and responded to her apartment. The police took her statement and then called him and told him to report to the Pepperell Police Station. He refused. The police said they would get a warrant for his arrest.

The next morning KD went to Ayer District Court. He was booked in to Probation and then went into the Courtroom. She was present and had filed for an Abuse Prevention Order. After a lengthy hearing the judge denied her request for an Abuse Prevention Order. KD was arraigned. Bail was set at $2,500.00 which KD posted and the case was continued. KD then retained Attorney Robert Lewin of North Andover, MA to defend him in the Assault & Battery case.

In the meantime KD applied for a restraining order in NH against her. The order was granted and the girlfriend was served with the order. Thereafter she began calling him and texting him in violation of the order. As a result two criminal charges against her for Violating the Restraining Order were taken out in court in NH.

November 2, 2017

DOMESTIC ASSAULT & BATTERY CHARGE DISMISSED

by Robert D. Lewin

On April 27, 2017, WO, a 26 year old warehouse worker from Haverhill, MA was arrested and charged with Domestic Assault & Battery on his girlfriend. WO works second shift at a warehouse and he got home on April 27, 2017 from work at about midnight. His girlfriend (who is also the mother of his two children) was asleep as were the children. WO suspected that she had been communicating with an old boyfriend. WO took his girlfriend’s cell phone and began to read through her recent text messages. Sure enough WO found intimate text conversations between his girlfriend and her (former) boyfriend. According to the police report WO went into the bedroom and woke his girlfriend up and pulled her out of bed and then proceeded to literally physically “throw” her out of the house. She ran to a local convenient store down the street and called 911. The police responded and then went into the house and spoke with WO. According to the police report WO told the police that yes he had woken her up but that when he confronted her about the text messages she struck him in the face and then he told her she had to leave. He denied striking her; he denied physically “throwing” her out of the house. Needless to say the police arrested WO.

WO consulted with and retained Attorney Robert Lewin from North Andover. Attorney Lewin took a very detailed statement of the facts from WO. Attorney Lewin then set up an appointment to speak with WO’s girlfriend alone. She indicated to Attorney Lewin that she did not want to testify in the case against WO. Attorney Lewin explained that because she and WO were not married she did not have any spousal privilege to refuse to testify against WO; in other words that if she were called as a witness she could be forced to testify. Attorney Lewin also pointed out to the girlfriend that the police report stated that (according to WO) she had struck WO in the face. Attorney Lewin explained that this would provide her with a basis for exercising her Fifth Amendment privilege against self-incrimination.

WO’s case was set down for trial on August 22, 2017. Just before the trial date WO began to fear having a trial. He was afraid he would be convicted and sent to jail. Attorney Lewin explained that it was most unlikely that the case would go to trial because his girlfriend was going to exercise her Fifth Amendment privilege not to testify and Attorney Lewin was confident that the Judge would uphold the girlfriend’s exercise of the privilege. Attorney Lewin felt that without her testimony it would be very difficult for the state (the Commonwealth) to go forward.

November 2, 2017

32 YEAR OLD ANDOVER, MA NANNY AVOIDS STEALING CHARGE

by Robert D. Lewin

In December of 2016, WX, a 32 year old female nanny, with several client families in Andover, MA, was caught stealing from one of her client families. The family contacted the police. WX had been stealing expensive children’s clothing (with the tags still on them) from the family’s home and then selling the clothing online. The police filed an application for a criminal complaint for felony larceny over $250 against WX and the application was set up for a Clerk-Magistrate Hearing at Lawrence District Court. It was critical for WX to avoid having a criminal record – especially for stealing – as virtually all her client families did criminal record checks on WX before hiring her. No one will hire a thief.

WX contacted and retained Attorney Robert Lewin from North Andover, MA to represent her. Attorney Lewin spoke with the Andover PD police prosecutor to see if an agreement could be reached to avoid a criminal complaint from issuing. The prosecutor told Attorney Lewin that $1,700.00 worth of clothing had been stolen.

Fortunately for WX, the family from whom she stole loved her work as a nanny with the children. WX was patient, kind, instructive, and supportive with the children. The family was sad to have to fire her. Attorney Lewin explained to WX that if a criminal complaint was to be avoided – a long shot in this case – she would have to pay the $1,700.00 in restitution. WX asked if she could pay that over time; Attorney Lewin told WX that if she wanted to maximize her chances of making the case go away she would have to be prepared to pay the restitution in full on the day of the Court hearing.

November 2, 2017

16 YEAR OLD WARRANT CLEARED AND FELONY LARCENY CHARGE DISMISSED

by Robert D. Lewin

TK, a 52 year old sales manager at a car dealership in Burlington, MA, was charged with Larceny By Check Over $250 back in 2001 in Woburn District Court. The charge arose out of a series of bad checks that TK had written in 2001. The checks were written on a business account that TK had. The account had virtually no money in it. TK simply walked away from the case and a warrant for his arrest was issued. For some reason the Registry of Motor Vehicles did not pick up on the warrant until 2017 at which time the Registry revoked TK’s license. TK needed the license to work at the car dealership. TK contacted and retained Attorney Robert Lewin from North Andover, MA.

Attorney Lewin went over to Woburn District Court and obtained copies of all the relevant court papers and police reports. From the police report Attorney Lewin was able to determine that the bank which was victimized in the case was no longer in business. Attorney Lewin approached the Assistant District Attorney in Woburn District Court and was able to furnish the Assistant District Attorney with evidence that the State (the Commonwealth) could not at this time successfully prosecute the case: the bank was no longer in business; it would be virtually impossible to find the witnesses (16 years later); and no one could identify TK as the person who wrote the bad checks.

On July 31, 2017 TK and Attorney Lewin appeared in Woburn District Court. The case was called and the Assistant District Attorney stood up and told the Judge that the Commonwealth could not go forward with the case. The Judge looked over at Attorney Lewin and Attorney Lewin then moved (asked) for the warrant to be recalled and the case dismissed. The Judge granted Attorney Lewin’s motion (request). The warrant was recalled (cancelled) and the charges against TK were dismissed.