Massachusetts Criminal Lawyer Blog

June 2, 2024

Alien (Indian) Shoplifter NOT Charged

On April 29, 2024, ML, a 32 year old Indian woman, was caught shoplifting at a large department store in Cambridge. She had been shoplifting from that store for a considerable time and had now put in danger her ability to stay here in the U.S. She is in the U.S. on a student visa, and shoplifting (larceny) is a deportable offense. In May of 2024 she was due to graduate from one of the most prestigious universities in Boston with a graduate degree. ML contacted Attorney Robert Lewin from Andover. Attorney Lewin explained in detail the deportation consequences of a shoplifting conviction and he explained the importance of immediately opening a conversation with the police. ML retained Attorney Lewin.

Attorney Lewin immediately contacted the police prosecutor from Cambridge and then Attorney Lewin was able to speak with the actual officer who was investigating ML’s case and who would make the decision about prosecuting the case in court. Because ML had contacted Attorney Lewin immediately after being caught and before any court action had been begun, there was a chance (non-existent in most cases) that the case could be stopped BEFORE any court action was begun by the police (or the store). On May 17, 2024, after several productive conversations with the police, the police agreed NOT to bring any charges against ML, provided she stay out of the store for one year and provided that she pay $985 in restitution to the store. ML paid the restitution that same day. ML then attended her graduation!

It is very unusual to be able to “kill” one of these shoplifting cases at the “police station” level without the case going to a Clerk-Magistrate hearing. As a result of this disposition, Attorney Lewin explained the following to ML.

May 27, 2024

Five Warrants in Two Courts – ALL CLEARED IN TWO DAYS

by Robert D. Lewin

In 2013 MC, then a 40 year old female, racked up 4 larceny cases in Lowell District Court (3 of them felonies) and 1 felony larceny case in Woburn District Court. In 2013 she got all the cases resolved with a probationary term. She failed to comply with all the terms of probation: she did not report to probation, she did not submit to drug and alcohol testing, and she did not pay her court fees and fines. All five cases went into warrant status. She was “on the run”: for the last 11 years. She got tired of running and not having a driver license.

On May 15, 2024 she called Attorney Robert Lewin from Andover. They had a lengthy conference on the phone. Attorney Lewin was able to view all her cases online. Attorney Lewin could see the following:

MC had truly rehabilitated herself.

April 28, 2024

Another Hit & Run Charge Avoided

by Robert D. Lewin

On January 11, 2024, JM, a 20 year old sheet metal worker, was on his way to work at 6:45 in the morning. He was driving on a street in Andover when a Town Forestry truck with a chipper attached pulled in front of him. He braked but could not stop and struck the rear of the chipper. He kept driving and left the scene without stopping and giving his info. Several hours later, after talking the situation over with his father, he drove to the Andover PD and self-reported the accident. The police told him he should have stopped at the scene and they gave him a citation for leaving the scene of an accident! (Only in Andover would the police cite someone who 3 hours after the accident self-reported the accident.)

As a 20 year old driver, JM was facing a substantial loss of license if charged and convicted. JM and his father contacted and hired Attorney Robert Lewin from Andover. Attorney Lewin advised JM to immediately request a clerk-magistrate hearing which JM did. Attorney Lewin contacted the Andover Police Prosecutor and pointed out that within three hours of the accident JM self-reported the accident and identified himself as the driver of the car. Attorney Lewin did some investigation and it turns out that although there was clearly a collision between JM’s vehicle and the chipper, the chipper had not sustained any damage. One of the elements of the crime of Leaving the Scene (Hit and Run) is that there must be some damage to the other vehicle. JM’s vehicle was damaged, but it turns out that the chipper had sustained no damage. Attorney Lewin was able to get the Town Forestry Assistant Manager to confirm that there was no damager to the chipper. Attorney Lewin notified the Police Prosecutor that there was no damage to the chipper.

On April 25, 2024, JM and Attorney Lewin appeared at Lawrence District Court for the Clerk-Magistrate hearing. The case was called and JM and Attorney Lewin walked into the hearing room. The Assistant Clerk-Magistrate and the Police Prosecutor were present in the room. It was obvious that the Clerk-Magistrate and the Police Prosecutor had discussed the case. The Clerk-Magistrate turned to Attorney Lewin and said what would you like me to do. Attorney Lewin said dismiss the case. The Clerk-Magistrate then said “I am entering a finding of NO probable cause and NO criminal complaint will be issued. This matter is dismissed” The hearing took about 30 seconds.

April 23, 2024

Another Domestic Assault & Battery Win (Alien Client)

by Robert D. Lewin

On February 10, 2024, SQ, a 50 year old software developer, and his wife got into an argument. According to the Ipswich Police Department Report, SQ got into his wife’s face, she pushed him back, and then he punched her with a closed fist in the mouth, cutting her mouth and causing her to bleed down onto her chin. She immediately ran out of the house and drove to the police station and reported what had happened. The police took photos of her, and drove to the house and arrested SQ. SQ went to court and was arraigned. SQ then contacted and retained Attorney Robert Lewin of Andover.

Attorney Lewin reviewed the facts of the case and the police reports carefully. SQ’s wife decided she did not want to testify against her husband. Oftentimes, that causes the case to be dismissed; however, where there is independent evidence that an assault occurred and that the accused committed the assault, the state can go forward with the prosecution. In SQ’s case the police had the wife’s detailed statements at the police station as to the punch in the mouth, and they had photographs of her bloody face and cut lip. Attorney Lewin filed a detailed Motion to Exclude from evidence at the trial the statements SQ’s wife made to the police. (If the Judge determines that the statements were an “excited or spontaneous utterance”, then the police will be allowed to testify at trial as to the statements made by SQ’s wife. If the Judge determines that the statements were not an “excited or spontaneous utterance”, then the police will not be allowed to testify at trial as to the statements made by SQ’s wife.)

The case was set down for trial on April 10, 2024. Prior to that date, Attorney Lewin met with the Assistant District Attorney and reviewed with the Assistant DA, Attorney Lewin’s Motion to Exclude the statements made by the wife at the police station. Attorney Lewin was able to get the Assistant DA to agree that her statements at the police station were not an “excited or spontaneous utterance”. This was a huge step for the defense.

April 20, 2024

Hit & Run – Prosecution Avoided and Insurance Surcharge Avoided

by Robert D. Lewin

On February 21, 2024 AL, a 32 year old social-worker, was pulling out of a parking space at a local Walgreens Pharmacy. She sideswiped the car next to her. She paused and then drove off. This was not captured on video; however, someone in the parking lot saw the accident and wrote down the number plate of her car and called the police and reported the hit and run. The police ran the plate and sent AL (who was the registered owner of the car) a letter requesting (demanding) that she contact the police. AL contacted and retained Attorney Robert Lewin from Andover to represent her. Attorney Lewin told her not to contact the police, and that he would contact the police for her. AL did NOT want to be charged criminally with Leaving the Scene and she was willing to pay the damage to the other vehicle so that she would NOT be surcharged on her insurance.

Attorney Lewin immediately contacted the police and was able to obtain a copy of the police crash report. Attorney Lewin spoke with the officer who handles the hit and run cases and was successful in negotiating a resolution of the case without AL being charged with any criminal offense. Attorney Lewin contacted the owner of the other car and arranged for AL to pay the owner directly the $800 cost to repair the car without involving the insurance company.

As a result of Attorney Lewin’s handling of the case, AL was NOT charged with hit and run (Leaving the Scene) and she was NOT surcharged on her insurance. (The $800 cost that she had to pay to the owner of the other car was less than the amount her insurance would have increased.) AL was very happy with the result.

March 2, 2024

Domestic Assault and Battery And Witness Intimidation Charges Dismissed

by Robert D. Lewin

AL, a 31 year old technical advisor from Andover, and his wife DL, are in a difficult marriage. They have one child, a 2 year old daughter. On August 22, 2023, DL called the police and alleged that her husband had struck her and had taken her phone and thrown it into the woods. The police responded and arrested AL. AL was charged with Assault and Battery on Household Member and Witness Intimidation. AL met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin obtained a copy of the 911 call. It was immediately apparent that the 911 call was made a significant time after the dispute between Al and DL and the call did not have the hallmarks of an excited utterance.

Attorney Lewin filed a Motion to Exclude the 911 call as evidence in the case on the grounds that it was not an excited utterance. The Motion was set down for a hearing on December 7, 2023. On December 7, 2023 AL and Attorney Lewin appeared in Lawrence District Court for a hearing on the Motion. The Motion was called for a hearing before the Judge and the Assistant District Attorney conceded that Attorney Lewin was correct and that the Commonwealth would not be using the 911 call as evidence. The case was set down for trial on February 5, 2024.

March 2, 2024

Harassment Prevention Order Defeated

by Robert D. Lewin

LO, a 60 year old Asian engineer, lives with his wife and daughter on the first floor of a two family house in Somerville. LO’s wife’s sister used to live on the second floor with her husband (JL). LO’s wife’s sister and her husband (JL) are going through a bitter divorce and the sister moved out leaving JL alone on the second floor. JL applied for an emergency harassment prevention order again LO, claiming that LO had harassed him, on three separate occasions. In his affidavit for the order, JL alleged that LO had struck him in the face, driven his car at JL, and chased after him. LO met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin took a detailed statement of the facts from LO and interviewed several witnesses who had been present at one of the three occasions mentioned in JL’s affidavit. Attorney Lewin thoroughly prepared LO and the witnessed for the court hearing.

On January 17, 2024, LO, his witnesses, and Attorney Lewin appeared in Somerville District Court for the court hearing. JL was there with his lawyer. After a hearing that lasted almost 1 hour, the Judge vacated the emergency order and ruled that JL was NOT entitled to an order. LO left the courthouse a happy client.

March 2, 2024

Juvenile Case Diverted Out of System

by Robert D. Lewin

On December 27, 2023, a group of young teenagers had finished playing basketball at a park in Newburyport. It was early evening and the group of 7 boys was walking on the side of a street in Newburyport. A tow truck turned onto the street and proceeded down the street. The boys saw the truck and signaled the driver to blow the horn on the truck. The driver obliged and gave a loud blast of the horn. According to the police report, the boys all laughed and one of the boys yelled out the “N …” word and spit at the driver – who it turned out was a black man. The driver stopped the truck and called 911. The boys all ran. The police responded and quickly found 5 of the 7 boys. The 5 boys at first denied everything, but then admitted to the police that SU, a 13 year old boy, had been the boy who yelled the N word. The police went to SU’s house where they spoke with SU and his Mother. SU admitted to having used the N word, but denied spitting at the driver. In Massachusetts contact spitting is an assault and battery. The police charged SU with Disorderly conduct and Assault and Battery.

SU’s parents met with (over zoom) and retained Attorney Robert Lewin from Andover to represent SU. Attorney Lewin prepared a comprehensive Motion to have the case diverted. When a case is diverted, it is removed from the criminal/juvenile justice system and, most importantly, no criminal/juvenile record is created.

On February 28, 2024, SU, his parents, and Attorney Lewin appeared in Juvenile Court in Newburyport. The Judge had read Attorney Lewin’s comprehensive Motion for Diversion (which included a copy of SU’s excellent report card from school). After a hearing, the Judge ordered that SU was NOT to be arraigned and the Judge ordered the case diverted. Specifically the Judge continued the case for 3 months and ordered SU to write a letter of apology and an essay. If SU writes the letter and the essay and stays out of any further trouble, then on June 5, 2024, SU and his parents will not have to return to court and the case will be dismissed without arraignment and no criminal/juvenile record will be created.

December 10, 2023

OUI Drugs Dismissed

by Robert D. Lewin

On September 12, 2023, BY, a Registered Nurse, was driving to a nursing assignment. She was extremely tired and pulled to the side of the highway behind a State Trooper. The Trooper went back to her car to investigate. Several other motorists pulled over and told the trooper that BY had been all over the highway, at time going completely off the roadway and then lurching back on. The Trooper had her exit the car and had her perform several field sobriety tests. She did poorly on the tests almost falling over. The Trooper placed her under arrest for Negligent Operation.

There was no odor of alcohol coming from her and there was no evidence of alcohol in the vehicle. During an inventory search of the vehicle the Trooper found a bottle of Morphine, a bottle of Haloperidol, and a bottle of Lorazepam (all controlled substances) in BY’s vehicle.. The Morphine and the Haloperidol were in prescription bottles that bore the name of a deceased patient. The Lorazepam was in a prescription bottle that bore BY’s name. The Trooper then added the charges of Operating Under the Influencer of Drugs and Unlawful Possession of Drugs.

The police filed a Notice of Immediate Threat with the RMV. The RMV immediately suspended BY’s Driver License.

December 10, 2023

Juvenile Negligent Operation Charge Diverted

by Robert D. Lewin

LS, a 17 year old high school student, took one of his family cars and decided to do a time trial on an Andover Street. He had three other kids in the car with him. Going around a corner at a high speed he lost control and crashed into a stone wall. Fortunately for LS no one was hurt and the other three kids in the car took off. A neighbor called the police and the Andover Police arrived shortly thereafter. LS was cited by the police for speeding and negligent operation. LS and his parents met with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately told LS to file the citation at the Clerk-Magistrate’s at Lawrence Juvenile Court. The filing of the citation at the court preserved LS’s right to a Clerk-Magistrate Heating BEFORE a juvenile complaint was issued against him.

Negligent Operation is what is called a Chapter 90 Offense; Chapter 90 is the Massachusetts Motor Vehicle law. Juvenile’s, with no prior court involvement, are typically eligible for consideration into the Juvenile Diversion program. The Juvenile Diversion Program causes a criminal (juvenile) charge to be “diverted” out of the criminal justice system. As a matter of practice, however, Chapter 90 Offenses (such as Negligent Operation in this case) will not be diverted.

After being hired, Attorney Lewin went over to the Juvenile Court in Lawrence to review the court papers and get a copy of the police report. The Clerk-Magistrate informed Attorney Lewin that the police had not yet filed their paperwork at the Court. There is a little known rule called the “6-Day Rule”. The Motor Vehicle Law contains a provision that the police must file their paperwork at the court within 6 business days of the violation. When Attorney Lewin saw that the police had not filed their paperwork (on the fourth business day), Attorney Lewin called LS and his parents and told them we are doing to go silent and wait and see if the police file within the 6 business days. And wait they did. Finally on the 15th business day after the violation the police filed their paperwork at the Court. Attorney Lewin immediately filed a Motion to Dismiss the case for violation of the 6 day rule.