Massachusetts Criminal Lawyer BlogOn Thursday, January 7, 2016 a Salem District Court jury found KU, a former Salem State University freshman, not guilty of Indecent Assault & Battery and Assault & Battery after deliberating for only 18 minutes. The case went back to May of 2014. KU (then a 19 year old male student) and NN (then a 19 year old female student) were both freshman at Salem State. They lived in the same dormitory. On Thursday, May 1, 2014 they went to a concert on the campus and then headed back to the dorm. NN invited KU to her room. He accepted the invite. Once in the room NN put on her television and got out a bottle of vodka and made a drink for herself and for KU. The two sat on NN’s bed and talked and watched TV. They were together in the room for several hours. After that her version of what happened and his version of what happened were very different. In a statement NN gave to the campus police she told the police that KU tried to kiss her and she told him she was not interested. She then told the police that KU said he wanted to f–k her and then he pushed her down on the bed and tried removing her bra and pants (without success). NN told the police that KU grabbed and slapped her buttocks and groped her breasts. The campus police called in KU. He told the police that yes he was in the room and yes he tried to kiss her but that was all that happened. He denied holding her down (the basis of the assault & battery charge) and he denied groping her breasts and touching her buttocks (the basis of the indecent assault & battery charge). The police charged KU with the two offenses.
POSSESSION OF HEROIN CHARGE DIVERTED OUT OF THE CRIMINAL JUSTICE SYSTEM
KC, a 27 year old mechanic from Hampstead, NH, got caught purchasing heroin during a police surveillance operation at a hotel in Andover. He was arrested on Saturday, December 26, 2015 and released to appear in Lawrence District Court for an arraignment on December 29, 2015. KC retained Attorney Robert Lewin to represent him and to appear in Court with him for his arraignment on December 29, 2015. KC’s timing was excellent. KC had no criminal record and is a Veteran. If his arraignment actually took place on December 29, 2015 then a criminal record would be created. It was important to try to avoid an arraignment from taking place.
Attorney Lewin had no less than three approaches to avoiding the arraignment. First, KC, as a Veteran who served in combat, was eligible to have his case diverted out of the criminal justice system under the newly passed Massachusetts Valor Act. Secondly, the Essex County District Attorney’s Office has a drug diversion program for first time drug offenders with no criminal record. Thirdly, Chapter 111E of the Massachusetts General Laws also provides a framework for diversion of drug cases out of the criminal justice system.
26 YEAR OLD WARRANT CANCELLED: LARCENY CHARGE DISMISSED
LN, a 53 year old woman from a metro north suburb, is charged with two counts of Larceny in Concord District Court. She was employed as a cashier at a local pharmacy and is accused of stealing two gift cards from the pharmacy after putting $500 on each of the gift cards. LN has retained Attorney Robert Lewin from North Andover to represent her in Concord District Court. One of the first things Attorney Lewin did was to run her criminal record to make sure there were no surprises on the record. Sure enough, there was a warrant outstanding for LN’s arrest as the result of a default in a Larceny case in Woburn District Court going back to 1989. Attorney Lewin explained to LN that it was important to get the warrant taken care of before LN’s first appearance in Concord District Court, which is scheduled for January 15, 2016. (Attorney Lewin explained to LN that if the warrant in Woburn Court was still outstanding when LN and Attorney Lewin go into Concord District Court that the Judge in Concord District Court could order LN locked up and transported free of charge in the Sheriff’s van to Woburn District Court after spending a night in MCI Framingham.) Attorney Lewin went to Woburn District Court and obtained copies of the papers in the Woburn Court Case.
RESISTING ARREST CHARGE TO BE DISMISSED
On November 11, 2015 MN, a 44 year old woman living in greater Boston, went to a local bar/restaurant. She sat at the bar for a number of hours and got quite drunk. She got into a verbal argument with a male patron and was asked to leave by the management. After some back and forth she made it out the front door of the restaurant. The police had been summonsed and MN got into a shouting match with the police and with the crowd that had gathered outside the front of the bar. The police moved in to arrest MN for disorderly conduct. MN resisted and a fight broke out between MN and the police. MN, not a small woman, pushed one of the officers so hard that his shoulder was injured. The police finally got MN cuffed and arrested her. She was charged with Disorderly Conduct and Resisting Arrest. One problem for MN is that she works for the Commonwealth in a quasi law enforcement position and a conviction or any type of admission to the charges could have cost her her job – which she has held for 22 years. MN went to Somerville District Court. She was arraigned on the charges and given a date to return to court for a pre-trial hearing.
MN contacted Attorney Robert Lewin of North Andover. Attorney Lewin had successfully represented MN many years earlier in a DUI case. Attorney Lewin reached out to the police. Attorney Lewin then went and spoke (on several occasions) with the Assistant District Attorney handling the case. It was important for MN to avoid a guilty finding and even a continuance without a finding. Attorney Lewin proposed a general continuance of the case (also called pre-trial probation). After much discussion the District Attorney agreed to the case being continued generally for 6 months and then dismissed. On Friday, December 18, 2015 MN and Attorney Lewin appeared in Somerville District Court. Attorney Lewin told the Judge that the parties had agreed to a general continuance for six months. The Judge accepted the agreement and ordered MN’s case continued for six months. The only condition is that MN stay out of trouble. In six months time – provided she stays out of trouble – the case will be dismissed and MN need not appear back in Court.
CHARGE OF 3 YEARS OF ANNOYING SEXUAL PHONE CALLS AVOIDED
BH, a 52 year old male from South Carolina, had been calling a student help line at a Major University in the Boston area for over three years. The calls were persistent and had strong sexual overtones. The calls would come in the hours just after midnight and would involve masturbation and other sexual topics. The university had traced the calls back to BH and had warned him to stop. For a while BH contained himself but then the calls started up again. The University filed an application for a criminal complaint against BH. The Application sought a criminal complaint for annoying phone calls. The calls were numerous and the penalty for each call was up to three months in jail. The University had documented close to one hundred calls. BH was looking at the real possibility of a jail sentence. Immediately upon receiving the notice from the Court BH contacted and retained Attorney Robert Lewin from North Andover.
Attorney Lewin implemented a plan of action. Attorney Lewin told BH he had to immediately enroll in counseling with a licensed psychotherapist with experience in sex offenses. Attorney Lewin told BH it would be imperative for the psychotherapist to furnish a report that BH was in treatment to deal with this specific problem. BH did what Attorney Lewin asked. In the meantime Attorney Lewin contacted the University Detective who had completed the investigation. Attorney Lewin advocated for a result that would avoid an actual criminal complaint from being issued against BH. Attorney Lewin had several conversations with the Detective in the weeks leading up to the Court Clerk-Magistrate Hearing. Attorney Lewin received a written report from the psychotherapist. The report certified that BH was in treatment for the specific problems underlying the annoying phone calls.
OPERATING AFTER SUSPENSION OF LICENSE DISMISSED PRIOR TO ARRAIGNMENT
On July 19, 2015 KC, a 22 year old woman from Lawrence, was driving to work in Lexington when she was pulled over by the State Police. Her Massachusetts Driver’s License had been previously suspended by the Registry of Motor Vehicles because she had accumulated three speeding tickets and because she had failed to pay speeding tickets. Because she had 5 convictions for speeding and because she had two payment defaults, her driver record from the RMV was a mess. The State Trooper cited KC for operating after suspension of license and she subsequently received a summons to go to Concord District Court for an arraignment. KC retained Attorney Robert Lewin from North Andover. Attorney Lewin immediately ran KC’s driver record and obtained a copy of the police report. As always, the devil is in the details.
KC had actually received two notices on the same date (July 9, 2015) from the RMV. One notice was a notice of suspension for having accumulated three speeding tickets which informed her that her license was suspended effective July 19, 2015 (the same date she was stopped by the State Police). The second notice was a notice of INTENT to suspend her license for the same three speeding tickets. The effective date of that suspension was October 7, 2015. Attorney Lewin wanted KC to have her licernse back by the time they went to court for the arraignment. KC needed an additional month to complete her requirements to get reinstated. Attorney Lewin had the date of KC’s arraignment postponed until November 23, 2015. In late October 2015 KC got her license reinstated.
18 YEAR OLD WARRANT FOR A 4TH OFFENSE OF OPERATING AFTER SUSPENSION OF LICENSE CLEARED
On March 11, 1997 JL was stopped by the Andover Police for speeding. When the Police ran his license it came back as suspended. When the police checked his record he had three prior convictions for driving on a suspended license. JL went to court for arraignment. The case proceeded in Court and the DA was looking for JL to go to jail. The case was set down for trial in 1999 and JL defaulted on the trial date, a warrant issued for his arrest, and he went on the run. Fast forward 18 years. JL is living in Florida and has a Florida license. He goes to renew his FL license and FL will not renew because FL is now aware of the warrant in Massachusetts. JL continues to drive in FL and gets caught. The Judge in FL tells JL to get his warrant cleared in Massachusetts and get his license reinstated in Massachusetts otherwise the FL judge is going to send him to jail.
JL retains Attorney Robert Lewin in North Andover. It takes the Clerk’s Office in Lawrence Court two weeks to locate the papers from 1997; the papers had actually been misfiled. The papers are located. The police report is located and the police officer who stopped JL back in 1997 is still an active duty police officer on the Andover Police Department! Attorney Lewin meets with the District Attorney and convinces the District Attorney to dismiss the case upon the payment of $650.00 in Court Costs. The DA’s Office, however, insists that they will not dismiss the case until and unless JL comes to Court in MA.
7 THIRTY-FIVE YEAR OLD WARRANTS CLEARED IN LAWRENCE DISTRICT COURT
In 1980, EO, then age 26, was drinking and drugging and got into a boatload of trouble stealing checks, forging checks, and passing bad checks. He got locked up and when he was released from jail he had 7 cases in Lawrence District Court where he was placed on probation with a 2 year suspended sentence. As a condition of probation he was also ordered to pay restitution. In 1981, while on probation, he took off from Massachusetts. He never paid the restitution. Years went by. EO stopped drinking and he stopped using drugs. Thirty-five years later in 2015 he is living in the State of Wisconsin. Wisconsin refused to renew his driver’s license because of the outstanding warrants in Lawrence District Court. The Federal Immigration Service revoked his passport and refused to let him leave the country because of the warrants. EO retained Attorney Robert Lewin in North Andover.
Attorney Lewin immediately went over to Lawrence District Court and requested that all of EO’s Court papers be brought up from the archives. This took about a week. EO, now age 61, did not want to travel to Massachusetts to clear up these warrants and he certainly did not want to have to serve the 2 year sentences (7 of them) that had been suspended back in 1980. Attorney Lewin had EO furnish him with all the good things that had gone on in EO’s life since he became drug and alcohol free. Attorney Lewin opened up a conversation with the Chief Probation Officer at Lawrence District Court. The conversation spanned about one week. The Chief Probation Officer wanted to check all of EO’s Court records to see exactly what EO was facing.
COLLEGE STUDENT AVOIDS CRIMINAL RECORD
On September 16, 2015 DP, an 18 year old college Freshman from Andover, allowed a 16 year old friend to drive his car. DP was in the car at the time. DP thought that the friend had a learner’s permit and DP thought that because he was 18 and licensed that he could allow the friend to drive the car. DP was wrong on both counts. His friend did not have a learner’s permit and the age is 21, not 18. The friend cut another car off and unbeknownst to either DP or the friend a police car was directly behind them. The blues went on and the friend pulled over. The police cited the friend from Negligent Operation and Operating without a License. The police cited DP for allowing an improper person to operate. There is a criminal statute in Massachusetts that makes it a crime for the owner or person in control of a motor vehicle to allow an “improper person” to operate their vehicle. The term “improper person” includes someone who has no permit or license. DP had no criminal record and is a college freshman and wants to keep his record clean. DP and his parents hired Attorney Robert Lewin from North Andover to handle the case.
Attorney Lewin knows the Andover Police Prosecutor well. Attorney Lewin spoke immediately with the police prosecutor and explained the situation to the police prosecutor. The police prosecutor agreed with Attorney Lewin’s request to not have a criminal complaint be issued against DP. On October 1, 2015 Attorney Lewin and DP and his parents appeared at Lawrence District Court for a hearing before a Clerk-Magistrate. At the hearing Attorney Lewin explained that DP thought his friend had a learner’s permit and he thought that being 18 he could allow his friend to drive.
FORGERY AND UTTERING CHARGES DROPPED
In February of 2012 DW walked into the Credit Union in Peabody where he had an account. DW had 2 US Postal Money Orders with him – or at least what appeared to be US Postal Money Orders. DW deposited the two money orders which totaled $1,980.00. Several days later DW withdrew the money from his account. Sometime later the Money Orders were determined to be fraudulent and the Credit Union went to debit DW’s account the $1,980 but his account had no funds in it. The Credit Union went to the police and a criminal complaint was taken out against DW in Peabody District Court for 2 counts of forgery and 2 counts of uttering a forged money order. All four charges are felonies and carry serious penalties. By the time the Court mailed out a criminal summons for DW to appear in Court he had moved and did not receive the summons. A warrant issued for DW’s arrest. Three years later in 2015 DW learned of the warrant and went to Peabody District Court and got the warrant cancelled. He was arraigned on the four charges and his case was continued for a pre-trial hearing to September 30, 2015. DW retained Attorney Robert Lewin of North Andover. (Attorney Lewin had successfully represented DW years earlier in a criminal motor vehicle matter in Malden District Court.)
Attorney Lewin immediately went over to the Peabody District Court and obtained a copy of the police report and the report from the Credit Union. It became clear to Attorney Lewin that there was no evidence or proof that DW knew that the two money orders were fraudulent. Knowledge is a necessary element of all the four charges against DW. The Commonwealth has to prove that DW knew the money orders were fraudulent. Moreover, there was absolutely no evidence or proof that DW forged or made the false money orders. Sure the Credit Union had him on video depositing the forged money orders but that is not proof that he forged them or that he knew they were forged. In any event Attorney Lewin went to the DA’s Office and told them DW was innocent, there was no proof that he forged the money orders and there was no proof that he knew they were forged. From a civil (non-criminal) law point of view DW owed the Credit Union the $1,980.00. But he was charged criminally. On September 30, 2015 DW and Attorney Lewin appeared in Peabody District Court. DW agreed to pay the Credit Union the $1,980.00 and the Commonwealth agreed to dismiss all the charges. DW walked out of the Court a happy man.