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XD, a 60 year old software engineer, is an avid (perhaps over avid) environmentalist. Every day on his way to work he would pass a house in North Andover the owner of which had a pest control and pesticide business. On the front lawn of this North Andover home the owner had a small sign advertising his pest control business. XD does not approve of pesticides. XD would leave for work very early before the sun would come up. Over a period of months he would periodically remove the pest control signs. The homeowner decided to set a trap for this two legged pest. The homeowner set up a camera and one Saturday morning sat in his truck and waited. Sure enough XD came along; XD parked his own vehicle up the street, exited his vehicle, walked down to the lawn, walked over to the sign, and pulled the sign from the ground. The owner leaped from his truck. XD ran to his vehicle and drove away, but not before the homeowner got the license plate. Within an hour the North Andover Police showed up at XD’s door. XD admitted his wrongdoing and the police told him he would receive a summons. The summons came and XD was charged with Larceny. XD consulted with and retained Attorney Robert Lewin from North Andover. Attorney Lewin told XD that the input of the home/sign owner would be important and it would be helpful if we could win him to XD’s side. Attorney Lewin called the home/sign owner and engaged him in a productive and helpful conversation. Sometimes knowing what NOT to say is more important than knowing what to say. Attorney Lewin was able to get the home/sign owner to agree to speak with the District Attorney and to get him to tell the District Attorney he was not opposed to the criminal charge being dismissed. XD agreed to pay the home/sign owner restitution for the dozen signs that XD had removed ($250.00 total).

On October 21, 2016 XD and Attorney Lewin appeared in Lawrence District Court for XD’s arraignment. Prior to the arraignment Attorney Lewin had already spoken to the District Attorney about the case and the DA had agreed to a general continuance of the case for six months with a dismissal. On October 21, 2016 the case was continued generally to January 20, 2017. On January 20,2017 the case was dismissed. A general continuance is not a plea bargain; it does NOT involve a guilty plea or an admission of any kind. It is NOT a continuance without a finding which is a plea bargain and which does involve an admission of guilt.

Because XD works in a security clearance environment avoiding a conviction or even an admission of guilt was important. With a general continuance and a dismissal there was no conviction, no finding of guilt, no “admission to sufficient facts”. On January 20, 2016 XD walked out of Lawrence District Court a happy man.

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DT is a 29 year old software developer from India in the US on a work visa. On December 10, 2016 he went out for a few drinks and on the way home crashed his car in Lowell. The Lowell police responded to the accident scene and DT gave the police a story that he was too drunk to drive and another fellow (whom DT did not know) was driving the car and that other fellow took off after the accident. The police did not arrest DT nor did they cite him. The next day he gave the same report to his insurance company. About a week later DT received a letter from the Lowell Police saying that they were investigating his accident and they had video evidence that he was in fact the driver. The letter indicated that the police were contemplating charging him with DUI and making a false statement to a police officer and hit and run. (A hit and run charge in Massachusetts can be based on a driver’s failure to identify himself as the driver at the scene of an accident.) DT’s insurance company contacted DT about his “story” and expressed concerns about the veracity of DT’s story. (Making a false insurance claim is a criminal offense.) DT contacted Attorney Robert Lewin of North Andover. Attorney Lewin explained to DT that Attorney Lewin knew the Lowell officer in charge of his investigation. Attorney Lewin explained to DT that the best thing to do in DT’s situation would be for DT’s lawyer to quickly communicate with both the Lowell Police Officer and the representative for the insurance company. DT told Attorney Lewin that DT had spoken to numerous lawyers and had gotten all kinds of advice but that Attorney Lewin was the first lawyer who set out a plan of action and was prepared to move on it immediately before things got worse. DT retained Attorney Lewin.

Within 2 hours of being retained Attorney Lewin had DT’s entire situation resolved. Attorney Lewin called the Lowell Police and spoke with the officer in charge of the investigation. The officer agreed that DT would not be charged with any criminal offenses arising out of the accident or his false statement to the officer at the scene of the accident. Attorney Lewin then spoke with a representative from the insurance company. The insurance company then not only agreed not to seek a criminal charge against DT for filing a false insurance claim but the company agreed to pay DT for the complete loss of his vehicle!

Attorney Lewin explained to DT the old adage: “When you find yourself in a hole, stop digging.” DT kept getting himself in deeper and deeper with his stories. By jumping on the case immediately and by contacting the police and the insurance company immediately, Attorney Lewin was able to avoid DT from being prosecuted and from being deported. DT is now a happy camper.

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In May of 1984 KW, then age 24, was arrested in Andover for Operating Under the Influence of Liquor and several other criminal offenses. One month later in June of 1984 KW was arrested again for Operating Under the Influence of Liquor in Wakefield. KW then flew the coop; he left Massachusetts and has been living in Arizona ever since. Warrants for KW’s arrest were issued in both Lawrence District Court and Malden District Court. He was able to get an AZ license and for years ignored the two warrants in MA. Recently Arizona refused to renew KW’s AZ license because he was under suspension in MA because of the two warrants. KW was hesitant to return to MA for fear that he would get locked up – particularly when he went to the first court to get the warrant cleared. He feared that the Judge in the first court would order him put into custody and held for the second court.

KW contacted Attorney Robert Lewin from North Andover. Attorney Lewin explained to KW that if he ever wanted to drive legally again he would have to get these warrants and the cases cleaned up. KW retained Attorney Lewin. Attorney Lewin was able to get the papers from both courts. The police officer in the Wakefield case retired just four months ago; however, no police report could be found in the Wakefield case. The police officer in the Andover case had retired almost ten years ago, but he was still around(!) and he had the police report from the case!!

On November 21, 2016 KW and Attorney Lewin went into Malden District Court and the Judge ordered the Malden Court warrant cancelled. The Malden Court case was then continued to December 2, 2016 to give the DA one last opportunity to see if they could put the case together. The Judge did not lock KW up on the warrant for Lawrence District Court but allowed KW to go with Attorney Lewin to Lawrence. Two hours later KW and Attorney Lewin appeared in Lawrence District Court. As in Malden District Court, the Judge ordered the warrant in Lawrence District Court cancelled and that case was continued to the same December date.

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KW, is the 42 year old owner of a medical care corporation. His company is a multi million dollar company. Because he is heavily involved with medicare and medicaid patients both Federal Law and State Law prohibit him from having an administrative or ownership position in the company if he is a convicted felon. In 2008 KW had a large collection of firearms. As the result of a theft case involving a replica gun silencer KW was forced to surrender his License To Carry (LTC) and his Firearm Identification Card (FID). In addition he was required to get rid of all his firearms and ammunition. KW surrendered his LTC and his FID Card and he surrendered all his weapons and ammunition – at least he thought he did. In 2016 (8 years later) the police conducted a consent search of KW’s house in Tewksbury as the result of an investigation of certain criminal accusations being made against KW. During the search the police found a .22 Magnum caliber, North American Arms mini-reolver and 71 rounds of ammunition. The police arrested KW and charged him with (Misdemeanor) Possession of a Firearm (in the home) without a license and (Misdemeanor) Possession of Ammunition (in the home). Because the gun was not properly secured and stored he was also charged with Improper Firearm Storage. The Improper Storage charge is a felony and a conviction would disqualify him from working in the medical care business – the only business he has done for twenty years. Even a continuance without a finding on that charge would not help him as the Federal Government treats a continuance without a finding as if it were a conviction.

KW hired Attorney Robert Lewin from North Andover. The two misdemeanor charges would not affect KW’s ability to work in the medical care business. The felony charge would put him “out of business”. Attorney Lewin negotiated at length with the DA’s Office at Lowell District Court to dismiss the Improper Storage charge. The DA refused to budge on that charge because there were children in the house and it was one of the children who had brought the presence of the gun and the ammunition to the attention of the police. For eight months Attorney Lewin doggedly advocated on KW’s behalf with the DA to drop the Improper Storage Count. Attorney Lewin put together a lengthy Memorandum for the DA specifying in detail the disastrous consequences that would follow from either a conviction or a continuance without a finding on the Improper Storage Charge. On December 1, 2016 Attorney Lewin and KW appeared in Lowell District Court. The DA finally gave in and agreed to dismiss the improper storage count. KW took a year probation on the other two counts and is still working full steam ahead in his medical care corporation. KW left the Courthouse a very happy man realizing that he had dodged a big bullet, so to speak!

The key in this case was just never giving up. It took eight months to get the result the client needed and for eight months we advocated and persevered. The wait and persistence paid off.

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EN, the 36 year old owner of a manufacturing company and a North Andover Resident, received a citation in the mail for leaving the scene of a property damage accident in the O’Neill Tunnel in Boston. EN’s company owns about ten vehicles and employs about 40 people. EN knew nothing of any alleged accident. EN researched his company records and was able to identify the particular truck and driver. The driver had no recollection of any accident and denied being in any accident. EN failed to appear for a Clerk-Magistrate Hearing and a criminal complaint issued against EN for Leaving the Scene of a Property Damage Accident. EN was summonsed to court for an arraignment (Boston Municipal Court, Central Division). He went into the arraignment without an attorney thinking he just had to tell the Judge that he was not driving and the case would go away. The Judge told EN to get a lawyer and come back to court with his lawyer. The Judge continued the arraignment to Friday, December 2, 2016.

EN consulted with and retained Attorney Robert Lewin from North Andover. Attorney Lewin contacted the State Police to see if they had any video recording of this supposed accident. From experience in other cases Attorney Lewin is familiar with the video recording system in the O’Neill tunnel complex in Boston. In addition Attorney Lewin had EN research the company payroll records to verify exactly who had the truck on the day in question and whether the tunnel was on the truck route for that date. Attorney Lewin prepared and filed a Motion to Dismiss the case (prior to arraignment) on the grounds that there was no evidence that EN was operating the vehicle on the date alleged in the police report. The police report simply stated that EN owned the truck. There was no evidence that EN was driving the truck. A Motion to Dismiss a criminal complaint for lack of probable cause is called a DeBenadetto Motion. In addition Attorney Lewin prepared and filed a Motion to Dismiss the complaint for failure of the police to furnish the video.

On December 2, 2016 EN and Attorney Lewin appeared in the arraignment session of the Boston Municipal Court. Attorney Lewin explained to the DA that there was no evidence that EN was driving the truck. Attorney Lewin insisted that the DA dismiss the case. The DA agreed but then the DA hesitated. The case was called and Attorney Lewin explained the facts to the Judge and the Judge ordered the case dismissed prior to arraignment. The significance of the dismissal being ordered prior to arraignment is that now the case will NOT show up on EN’s CORI (Criminal Offender Record Information). EN and Attorney Lewin walked out of the Courthouse two happy people!

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On St. Patrick’s Day of 2016 QN, a 20 year old laborer from Melrose, went into Cambridge with a friend to celebrate. The friend picked QN up at QN’s house and drove to the T station at Oak Grove in Melrose. The two men took the T into Boston and Cambridge and went to a club (that allows persons under 21 in). While waiting at a T stop to change from the orange line to the red line QN took a selfie of himself and the other fellow. In the selfie QN is wearing a bright Kelly green shirt and has a full beard. After the men were at the club for several hours they left and returned via the T to the Oak Grove Station in Melrose. They got in the other fellows car and they went to Kelly’s in Saugus and ate and then the other fellow drove to QN’s house. QN got out of the car and ran into his house to get the keys to his own car which had been parked on the street. Melrose has an ordinance banning overnight parking on the street. It was now about 1:15 AM. QN moved his car into his driveway and then left his keys and cell phone in his car and proceeded into his house and went to sleep.

Forty-five minutes later QN’s car was involved in a high speed police chase from Lynn into Swampscott. A police car following QN’s vehicle momentarily lost sight of QN’s vehicle after the vehicle crested a hill. Once the police car crested the hill, the police officer observed that QN’s vehicle had horribly crashed into a stone wall. The police officer parked a safe distance behind QN’s crashed vehicle and began to approach the vehicle. The officer then observed a white male with a round face with blondish hair wearing a blue or gray t-shirt exit the vehicle and begin to run. The officer gave chase. The man catapulted over a fence and the officer gave up the chase. The State Police K-9 unit was called in and for two hours the police and dogs searched the area but found no one. The Officer went back to his police car and ran the registration plate on QN’s car in his mobile data terminal (MBT). The response from the Registry gave QN’s name and address and also furnished a color photo of QN from his driver’s license. The photo showed a white male with a round face and blond hair. At the trial of the case the officer testified that when he saw the picture on his MBT he said to himself – “Damn, that’s him”.

QN was charged with Leaving the Scene of a Property Damage Accident and Negligent Operation and Refusing to Stop for a Police Officer. QN and his family retained Attorney Robert Lewin from North Andover. QN insisted that after he left his car in the driveway at 1:15 AM he did not drive it and that he was in bed. QN insisted that his car was stolen.

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On August 12, 2016 BT, a 42 year old Registered Nurse from Salem, NH, was in TJ Maxx in North Andover, MA and she was stopped by store security and charged with shoplifting. She had gone into the store to return several items and to purchase several other items. While making the purchase two cosmetic items ended up in her bag without having been paid for. The problem for BT was that she was on probation in Peabody District Court for her last shoplifting case and that she had two more older shoplifting cases on her record. In addition to that, she had two additional theft charges on her record from out of state. On August 16, 2016 she appeared in Lawrence District Court for an arraignment and was then told to report to Peabody Court for a probation violation hearing. She went to Peabody Court and the Judge in Peabody Court locked her up for four days. Not wanting to go to jail for the new case in Lawrence District Court BT consulted with and retained Attorney Robert Lewin from North Andover. Attorney Lewin, after reviewing the facts, encouraged BT to fight the new charge and go to trial. It seemed to Attorney Lewin that she was not guilty and that the evidence would prove she was not guilty. All of BT’s prior shoplifting cases had been continued without a finding. BT was concerned that a guilty finding would cause her nursing license to be suspended or revoked. It was clear to Attorney Lewin (and to BT) that BT had mental health issues. Attorney Lewin had BT furnish to Attorney Lewin all her mental health records for the last three years. Once Attorney Lewin had the mental health records the picture became very clear. BT had lead a very normal productive life for her first 39 years. She had no criminal record anywhere. She had graduated from college and was a very bright and productive nurse. Then at age 39 she became ill mentally and was diagnosed with manic-depressive syndrome and personality disorder. She was treated with medications and it was during this time that she accumulated no less than six criminal offenses. Following her four day stay at MCI Framingham (the women’s prison) BT determined to never put herself in this position again. She consulted with her doctors and her medication levels were adjusted.

BT told Attorney Lewin that if he could get the case continued without a finding she wanted to plead. Even though Attorney Lewin encouraged BT to go to trial, BT was adamant that she did not want to go to trial but wanted to try to get another continuance without a finding. BT understood that the likelihood of getting a fourth offense continued without a finding was very slim – particularly in light of the fact that BT was on probation for her third offense when this case happened. Attorney Lewin met with the Assistant District Attorney; the DA’s Office was willing to recommend Probation on a plea with a guilty finding.

On October 31, 2016 BT and Attorney Lewin appeared in Lawrence District Court and BT admitted to sufficient facts (similar to a guilty plea). The DA recommended a guilty finding with probation. Attorney Lewin made an impassioned plea to the Judge that BT’s repeated shoplifting was the result of her mental illness and her medications not being properly adjusted. Attorney Lewin pointed out that these issues were being firmly addressed. Attorney Lewin also pointed out that BT had spent 4 days in MCI Framingham and that was a learning experience – to say  the least. In the end the Judge adopted Attorney Lewin’s argument and continued the case without a finding. This result avoided a conviction and avoided the Board of Registration in Nursing from taking any action against BT’s nursing license.

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CJ, a 23 year old chef from Andover, was driving home from work when the North Andover Police ran a random license plate check on his vehicle. The check came back that the registration had been revoked for insurance cancellation for non-payment of premiums. The police pulled CJ over. He told them he was unaware that the registration was revoked and he was unaware that the insurance had been cancelled. The police took the plates off the car and issued CJ a citation. CJ did not request a Clerk-Magistrate hearing. That was a mistake as the case could have been resolved by a clerk-magistrate without any criminal summons being issued against CJ. CJ received a summons to appear for an arraignment in Lawrence District Court.

CJ consulted with Attorney Robert Lewin in North Andover. Attorney Lewin explained that a conviction for operating an uninsured motor vehicle carried with it a mandatory loss of license for 60 days. CJ retained Attorney Lewin. One thing CJ had done right was to get the car insured and registered immediately after getting pulled over. Attorney Lewin had CJ furnish to Attorney Lewin a copy of the new registration along with a copy the new insurance policy. Attorney Lewin met with the Assistant District Attorney and showed the paperwork to the Asst. DA. On September 1, 2016 CJ and Attorney Lewin appeared in Lawrence District Court for CJ’s arraignment. The DA agreed to Attorney Lewin’s request to dismiss both the unregistered and uninsured charges. All the charges were dismissed. CJ left Lawrence District Court a happy man.

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On May 3, 2016 ZA, a 25 year old grocery clerk from Lynn, ingested a substantial quantity of drugs. He got in his car and was driving through Topsfield. The police found ZA in his vehicle. He appeared to be unconscious. The car was running; his foot was on the brake; his arms were on the steering wheel; and his body slumped over the wheel. The police noticed drool coming from his mouth. The police turned the car off and got ZA up and out of the car. During a search of ZA and the vehicle the police found the following:

  •  Soft case containing $135.00 in rolled up money.
  • Envelope containing $400.
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On March 13, 2016, ZD, a 26 year old salesman with a medical device company got stopped in Belmont as the result of a marked lane violation. When the police ran his license they discovered that his right to drive had been suspended in Massachusetts as the result of an unpaid ticket. ZD was not arrested but was cited by the police for operating after suspension (a criminal offense) and for a marked lane violation (a civil motor vehicle infraction). ZD’s job requires that he drive all over the Northeastern United States and each year his employer does a criminal record check to see if he has any criminal record. To his credit ZD went immediately to the Massachusetts Registry of  Motor Vehicles and paid the unpaid ticket. He then paid a reinstatement fee to the Registry and his driving privileges were reinstated. ZD received a summons to appear in Cambridge District Court for an arraignment on June 7, 2016. ZD consulted with and retained Attorney Robert Lewin. ZD impressed upon Attorney Lewin that it was imperative that he keep his criminal record clean. Attorney Lewin immediately contacted the District Attorney’s Office at Cambridge District Court. Attorney Lewin explained the importance of keeping ZD’s record clean. Attorney Lewin was able to get the District Attorney to agree to not only dismiss the criminal charge, but to dismiss the charge without ZD being arraigned. This is called a dismissal prior to arraignment. The significance of a dismissal prior to arraignment is that NO criminal record is created. As a little frosting on the cake the DA also agreed to a finding of not responsible on the marked lane violation. On June 7, 2016 ZD and Attorney Lewin appeared in Cambridge District Court (in Medford).  Attorney Lewin explained the situation to the Judge and the Judge accepted the agreement that Attorney Lewin had worked out with the District Attorney. The criminal charge was ordered dismissed prior to arraignment and a finding of NOT responsible was entered on the marked lanes violation. This was the very best possible result. ZD walked out of the Courthouse a very happy camper!

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