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On Sunday, January 25, 2015, TD, a 38 year old male mental health counselor, was arrested by the Methuen Police and charged with two counts of Assault & Battery on his wife. One of the counts alleged that TD had strangled his wife. On Monday, January 26, 2015 TD was brought to Lawrence District Court and was ordered detained (held without bail). A full detention hearing was scheduled for Friday, January 30, 2015. TD’s family contacted Attorney Robert Lewin from North Andover. Attorney Lewin obtained the papers in TD’s case from the Court and then went to the jail in Middleton to meet with TD. TD’s family retained Attorney Lewin and Attorney Lewin prepared a presentation for the Judge for the detention hearing. Attorney Lewin also met with the Assistant District Attorney assigned to the case.
Ever since the Jared Remy case (he killed his girlfriend while out on release in a domestic abuse case) the Courts have gotten much stricter in these cases. Pre-trial detention used to be very rare in these cases, now it is commonplace.
On January 30, 2015 TD was brought to court and a detention hearing was held. An agreement was reached between Attorney Lewin and the DA’s Office that TD could be released but that until the case was finished he could not go home and had to wear a GPS device. TD was released and went to live with a friend in Haverhill. The case was continued to February 13, 2015. On that date Attorney Lewin petitioned the Court to allow TD to go back home and to remove the GPS device. After a full contested hearing the Judge granted Attorney Lewin’s request and ordered that TD could go back home and that the GPS device could be removed. The case was set down for jury trial on March 30, 2015. Attorney Lewin met with TD’s wife and she signed a marital affidavit stating that she would not testify against her husband. On March 30, 2015 TD and his wife and Attorney Lewin appeared in Lawrence District Court. The case was called for trial. Attorney Lewin answered that the Defense was ready for trial. Attorney Lewin told the Judge that TD”s wife was present in court and wished to exercise her marital privilege. The Judge had a discussion with TD’s wife and the Judge accepted her exercise of her marital privilege. The DA said the state could not go forward. Attorney Lewin then moved that the case be dismissed. The judge then ordered the case dismissed. This was significant for TD as a conviction or an admission of guilt of any type that he had strangled his wife would have cost him his job and potentially would have landed him in jail. TD (and his wife) left the Court arm in arm and happy that this ordeal was behind them.

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On March 25, 2015, following a two day jury trial in Roxbury Municipal Court, HN, a 70 year old immigrant to the United States was found NOT guilty of three sex offenses in Roxbury Municipal Court. Attorney Robert Lewin represented HN and tried the case to a Suffolk County Jury. After the two day trial it took the jury only 40 minutes to find HN NOT guilty of Indecent Assault & Battery on a child under 14, NOT guilty of Lewd, Wanton and Lascivious Acts, and NOT guilty of Enticement of a Child Under 16 for a Sexual Act.
The case began almost one year ago on May 14, 2014. HN, then age 69, was retired and lived in the Dorchester section of Boston with his wife and one high school age son. They lived on the first floor of a two family house. HN’s landlord, the landlord’s wife, and their three children lived on the second floor. For the two years prior HN drove his son and the landlord’s youngest daughter (then age 13) to school every morning and he brought them home from school every day. On May 14, 2014 HN drove to the school to pick up his son and his landlord’s 13 year old daughter (Jane, a pseudonym). Jane got into the car. Jane testified that she got into the front seat and put the radio on and they were waiting for HN’s son to arrive so they could drive home. Jane testified that HN began to touch himself and began to masturbate; Jane further testified that HN reached across the front seat and began to rub Jane’s thigh. Jane testified that she the got out of the car. The next day Jane reported this to her best friend. In turn the police were notified and HN was charged with Indecent Assault & Battery on a child under 14 (the rubbing of Jane’s thigh), Lewd, Wanton and Lascivious act (masturbating in the car in the presence of a child) and Child Enticement (having Jane remain in the car while he performed a sex act). HN absolutely denied the allegations. HN sought out a lawyer and was referred to Attorney Robert Lewin in North Andover. After meeting with Attorney Lewin HN retained Attorney Lewin. Attorney Lewin began his case preparation and he could see cracks in Jane’s account of what happened. It took eight months to fully prepare the defense; every defense witness met with Attorney Lewin several times and was fully prepared to testify. Attorney Lewin brought the Defense witnesses into the courtroom prior to the trial and showed the witnesses where they would sit when they testified and how to direct their testimony toward the jury. Attorney Lewin thoroughly studied the “SANE” interview of Jane. (A “SANE” interview is an interview of the complainant that is conducted by a sexual abuse nurse examiner; the interview is recorded – video and audio – and the defense is given a copy of the interview.) On March 24, 2015 all the parties appeared in Court. Attorney Lewin had written out his opening and closing statements to the jury and had written out his cross examination of every government witness. No detail was left for chance. As the trial proceeded Attorney Lewin could see the looks on the faces of the jurors. Jane’s credibility as a witness was eroding with every question on cross examination. At the close of the Commonwealth’s case the Judge directed a finding of not guilty on the Child Enticement charge. On March 25, 2015 at 2:05 PM the jury went out to deliberate. At 2:45 PM the jury came in with NOT guilty verdicts on the remaining two charges. HN and his family were greatly relieved. Had he been found guilty he would have had to register as a sex offender for the next 20 years and he would have been subject to GPS tracking with a bracelet and he was looking at JAIL. HN, his wife and son gave Attorney Lewin a big group hug when they got outside the Courthouse. HN went home a FREE MAN. Attorney Lewin went home to his Sicilian wife who made him a big pasta dinner! It was a good day.

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DL, a 25 year old Electrical Engineer from India, came to the US several years under a work visa program for skilled engineers. On November 28, 2014 DL went shopping at Kohl’s in Chelmsford. He filled his shopping basket with a number of items and then went to the register to pay. He paid for all the items except a pair of shoes that he had “stashed” at the bottom of the shopping basket. All of this was observed on closed circuit television by a loss prevention officer. DL proceeded out of the store and was immediately stopped by the loss prevention officer. He was brought back to the store; the shoes were removed from the basket; and the Chelmsford Police were called to the store. DL saw his whole future going by him; a criminal record of any kind could cause his visa to be revoked and he could be sent back to India. DL was released from the store and was told that he would receive a notice from the court. DL contacted Attorney Robert Lewin of North Andover.

Attorney Lewin immediately contacted the Chelmsford Police and obtained a copy of the police report. For persons who are not citizens it is critical to try to get these cases resolved without a criminal complaint being issued. The police assured Attorney Lewin that this case was being set up for a Clerk’s Hearing; this is critical as the Clerk’s Hearing is the chance to resolve the case without the client being charged (i.e. without a criminal complaint being issued). DL subsequently received a Notice of Complaint Hearing

Attorney Lewin advocated on behalf of the client with the police. On March 20, 2015 Attorney Lewin and DL appeared at Lowell District Court for the hearing. Attorney Lewin explained to the Clerk-Magistrate the significance to DL of a criminal complaint not being issued. Attorney Lewin presented the Clerk with all the positive achievements that DL had made in his life. The police were on board with not having a complaint issue against DL. At the conclusion of the hearing the Clerk-Magistrate said that she would NOT issue a criminal complaint against DL; the hearing was continued for three months and as long as DL stays out of trouble the application for criminal complaint will be dismissed at the end of the three months and no one will have to return to court. As a result of this disposition it is important to note the following:

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NL, a 77 year old retired school teacher, and TN, her 75 year old husband, went shopping at a boutique store in Beverly recently. NL gathered up about $200.00 worth of merchandise that she wanted. Then she saw a purse that she just had to have. She took the purse and put it inside a shopping bag that she had. Subsequently she gave the shopping bag (with the purse inside) to her husband and directed him to go out of the store and to the car with the shopping bag; meanwhile she went to the register to pay for her other items. The loss prevention officers saw it all and brought both NL and her husband into the office. The Beverly police were called and responded to the store. The police told NL and TN that they had to stay out of the store and that they would receive a summons. The summons came. NL and her husband contacted Attorney Robert Lewin in North Andover. Because of their age and disabilities Attorney Lewin made a house call – he only does this with aged and infirm clients who do not have a way to get to his office. NL and TN were all nervous about having to appear in Court. Attorney Lewin told them not to worry, that he would get them a very favorable disposition. The case was scheduled for arraignment in Salem District Court on Wednesday, March 11, 2015. The day before the scheduled arraignment Attorney Lewin went over to the DA’s Office and explained the case to the DA. Attorney Lewin asked the DA to dismiss the case. The DA agreed. On March 11, 2015 NL, her husband, and Attorney Lewin appeared in Salem District Court. The case was called and Attorney Lewin explained to the Judge that the DA had agreed to dismiss the case. The Judge ordered the case dismissed. NL and TN were very relieved. The case got resolved both favorably and quickly due in part to Attorney Lewin going over to the DA’s Office and speaking directly with an Assistant DA before the Court date.

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CN, a 15 year old boy in the 9th grade at a local well to do Essex County high school, was in a dating relationship with 14 year old girl. In the fall of 2014 CN and the girl were “making out” According to the girl, CN stated that it would be fun to have rough sex and he scratched her on the back and hit her three times in the stomach. She told him to stop and she says that he did not. About one month after this incident the girl stated that she and CN had sexual intercourse. Word of this was spread to the school authorities who in turn notified the police. The police interviewed CN. CN told the police that he had never gotten physical with the girl and that the scratches had been an accident when he held her too tight. The police re-interviewed the girl. She stuck to her story and showed the police photographs of the injuries she allegedly sustained from CN. In addition she told the police that when she and CN would make out he would call her names like slut. Lastly the girl showed the police text messages from other girls stating that CN did the same things to them.

The police filed an application for a juvenile complaint for assault and battery against CN in the Essex County Juvenile Court. CN’s parents retained Attorney Robert Lewin from North Andover to represent CN. The application for complaint was scheduled for a hearing by the Clerk-Magistrate of the Juvenile Court. Attorney Lewin immediately contacted the police prosecutor and the coordinator of the Juvenile Diversion Program and advocated for CN’s case to be “diverted” out of the Criminal/Juvenile Justice System. The Essex County District Attorney’s Office runs a Juvenile Diversion Program. The purpose of the program is to allow a juvenile – in an appropriate case – to avoid having a criminal/juvenile record. If a juvenile is accepted into the Juvenile Diversion Program, the Juvenile Court Proceedings are suspended, no arraignment tales place, and no criminal/juvenile record is created. Upon successful completion of the Juvenile Diversion Program the criminal/juvenile charges are dismissed without any arraignment having taken place and no criminal/juvenile record is created. Because of the nature of the allegations made by the girl the police were hesitant to recommend diversion and actually wanted CN to be prosecuted in juvenile court for the alleged assault and battery. Attorney Lewin explained to CN and his parents that the case had to be prepared as if it were going to go to trial, but at the same time efforts to get the case diverted would continue. Attorney Lewin had several meetings with the police prosecutor and the Juvenile Diversion coordinator and advocated zealously for the case to be diverted.

On December 10, 2014 CN and his parents and Attorney Lewin appeared in Lawrence Juvenile Court. Attorney Lewin had had CN enroll in counseling with an adolescent counselor prior to the court date and Attorney Lewin had secured a favorable report from the counselor. At the hearing the Police were still somewhat reluctant to wholeheartedly endorse diversion, but they did not oppose it. The Clerk-Magistrate said she would recommend the case for diversion, but that the Diversion Coordinator would have the final say as to whether the case would be accepted into the diversion program. Because there was an allegation of boyfriend/girlfriend abuse everyone in the “court system” was reluctant to let the case go into diversion. Ultimately the Diversion Coordinator agreed that CN would be a good candidate for diversion and the case was accepted for diversion. CN is in the diversion program now and is doing well. The diversion program is designed to run for four to six months. It typically includes the Juvenile writing a letter on better decision making and – in a case of domestic violence – it almost always includes a program of counseling on teen dating violence.

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On November 30, 2014 NP, a 30 year old mother of two young children was driving north on Route 495 in Chelmsford. She had her two children in the backseat in car seats. One of the children started coughing and NP turned to look back to make sure the child was okay. When she turned, her car veered to the right and she saw she was about to strike a car in the lane to her right. She pulled the steering wheel to the left and avoided a collision – so she thought. The driver in the car to her right flashed his lights at her and waived for her to pull over. She refused and continued on Route 495 to Route 93. She then proceeded onto Route 93 North and noticed the other vehicle was still following her with his hazard lights flashing. Suddenly two state police cruisers pulled NP over. According to the State Police report the other driver claimed that NP’s vehicle had struck his vehicle and failed to stop. Also according to the State Police report NP admitted to the officer that she knew that she had struck the other vehicle. The trooper issued NP a citation for Leaving the Scene of a Property Damage accident. NP immediately hired Attorney Robert Lewin from North Andover.

The case got strange. NP insisted that she spoke with a female state trooper and that she told the female state trooper that she had NOT hit the other vehicle. There was no damage to NP’s vehicle.NP denied speaking with the male state trooper. It was the male state trooper who wrote the police report and who claimed that NP had admitted striking the other vehicle. Attorney Lewin secured photos of NP’s vehicle showing no damage. Attorney Lewin obtained confirmation from NP’s insurance company that NO claim had been made against her insurance company for damage to the other car. Attorney Lewin was able to confirm that there was a female state trooper on scene and who that female state trooper was. The female state trooper denied any interaction with NP!

On January 22, 2015 NP and Attorney Lewin appeared at Lawrence District Court for a Clerk-Magistrate’s Hearing. The State Police Prosecutor read the police report which included NP’s alleged confession. NP was well prepared and testified. She vehemently denied any contact between her car and the other car. NP denied making any “confession” to any police officer. Attorney Lewin presented photos of NP’s car showing no damage. The State Police had no photos of the other vehicle. In addition Attorney Lewin presented a copy of NP’s Insurance Coverage Page showing that her vehicle was fully insured and lastly Attorney Lewin presented evidence that no claim for damage had been made for any alleged damage to the other vehicle. Attorney Lewin argued to the Clerk-Magistrate that the police report was not credible and that the state had failed to prove that there had been a collision or any damage to the other vehicle. The Clerk-Magistrate agreed and denied the application for a criminal complaint that had been filed by the state police. NP was not charged. The case was won in great part because it was well prepared.

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On December 11, 2013 NP, a 52 year old over the road truck driver (2 million accident free miles) was operating a tractor pulling 2 trailers from Manchester, NH to Southboro, MA. As he traveled down Rt.3 he crossed from NH into MA. He was following a woman driving a car in the middle lane. He pulled to the right travel lane and as he began to pass her she speeded up and refused to let him pass. He moved in behind her again and she braked causing him to brake and he then moved again back into the right lane and again she refused to let him pass. He then moved in behind her again and this time she braked hard; he checked his mirrors and knew the left lane was clear and he moved into the left lane (illegal); again she refused to let him pass. Now he moved from the left lane, to the middle lane, to the right lane. Once in the right lane he began to pass her. The lady told the police he drove the truck at her car causing her to swerve left away from the truck. She drove off the road into the grass median where her car came to rest. The truck meanwhile went into the breakdown lane and the second trailer went onto its right side and slid for a distance of about 300 feet. NP told the police that once he was in the right lane the lady swerved to the right toward his truck and then she swerved left and lost control. NP told the police he turned to the right to avoid hitting her car. The police charged NP with the following offenses: Reckless Operation, Assault with a dangerous weapon (the truck)(a felony), Following Too Close, Speeding, Marked Lane Violation, and Left Lane Operation. NP retained Attorney Robert Lewin of North Andover. A conviction would have cost NP his CDL and his livelihood. The State Police had a witness who claimed he was a truck driver who said he had seen the entire scene and in his opinion NP had tried to “kill the girl” in the car by swerving his truck at her. The girl’s boyfriend had been driving his pickup and he told the police that the truck had been tailgating his girlfriend.

On January 26, 2015 the case went to trial in Lowell District Court. A jury was chosen; the girl testified and the State Trooper testified. At the close of the Government’s case Attorney Lewin moved for a required finding of not guilty. The trial judge agreed that on the charge of Assault with a Dangerous Weapon the government had failed to put in any evidence that the girl was put in fear and the Judge ordered a finding of not guilty on the felony assault charge. NP – who had been painstakingly prepared to testify – then took the witness stand and testified. He was a great witness. He looked at the jury when he testified; he took his time; he knew the answer to every question he was asked. There were no questions for which he was not prepared. After he testified both sides rested. Attorney Lewin made an impassioned argument to the jury. The Judge then instructed the jury and at 1:00 PM the jury went out to deliberate. The judge excused everyone for lunch and instructed everyone to be back at the courtroom at 2:00 PM. When NP and Attorney Lewin returned from lunch at about 1:50 PM the court officer came over and told them there was a verdict. At 2:00 PM everyone assembled in the Courtroom. NP and Attorney Lewin stood up and the jury then announced their verdict on the reckless operation charge. They found NP not guilty. The Judge (who decides the civil motor vehicle infractions) then found NP not responsible of the speeding charge, the following too close charge, and the marked lane violation. The only charge NP was found responsible of was the Left Travel Lane Restriction Violation. NP and his family were thrilled with the result. The key to the win was in NP’s preparation to testify.

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On April 21, 2011 FN drove her car to the supermarket in Lynn and went into shop. When she came out of the market the side of her car had extensive damage. The next day FN drove her car to a body shop and reported the accident to her insurance company. She filed a motor vehicle damage claim with the insurance company.The insurance company sent out an adjuster to examine the car; the damage did not appear to be consistent with FN’s account of what happened. The insurance company brought in an accident re-constructionist who thoroughly examined the car. The expert concluded that the car had been moving (and the wheels turning) when the car came into contact with a utility pole that was soaked in creosote. There was creosote on the wheels and the body panels consistent with the car striking a utility pole while the car was moving forward. The insurance company refused to make payment. According to FN the body shop fixed her car and did not charge her. The body shop then went out of business and FN sold the car.

Three years later(!) the Lynn Police charged FN with filing a false insurance claim and attempted larceny. FN retained an attorney from Boston; the attorney negotiated a “plea bargain” with the District Attorney’s Office that required FN to admit that she was guilty and that would have required her to be on probation for six months. FN called Attorney Robert Lewin in North Andover to get a second opinion. Attorney Lewin told FN that she was not guilty and should not be discussing plea bargains for a crime that she did not commit. FN the retained Attorney Lewin. Attorney Lewin spoke immediately with the District Attorney. After several discussions between Attorney Lewin and the District Attorney the DA agreed to dismiss the charges against FN.

On February 5, 2015 FN and Attorney Lewin appeared in Lynn District Court. Both criminal charges against FN were dismissed. FN left the courthouse smiling.

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EC, a 69 year old gentlemen from Stoneham, had 3 convictions for OUI in Massachusetts. His last conviction was in 2006. As a result of that conviction he lost his license for 13 years [8 years for the conviction + 5 years for refusing the breath test]. In 2010, EC retained Attorney Robert Lewin from North Andover in an attempt to get a hardship license. Attorney Lewin had EC document attendance at AA meetings over a number of months and Attorney Lewin had EC enroll for treatment and counseling with a LDAC (Licensed Drug & Alcohol Counselor). A report was obtained from the LDAC. EC obtained a letter from his employer documenting the need for a license. Attorney Lewin and EC went to the Registry of Motor Vehicles (in Wilmington) for a hearing on obtaining a hardship license. After a lengthy hearing the hearing officer took the case under advisement. After several weeks EC received a notice from the RMV that his application for a hardship had been approved. The hardship license was granted (8 AM to 8 PM) with an IID (Ignition Interlock Device). EC got the IID installed in his car obtained the hardship license and life was good.

On December 19, 2014 EC went up to New Hampshire. The hours past by and at about 10:30 PM EC headed back home to Stoneham. He was pulled over on Rt. 95 in Boxford for speeding by the State Police. When the police officer saw that EC’s driving privileges ended at 8:00 PM the Trooper wrote EC up for speeding and unlicensed operation. EC again contacted Attorney Lewin. Attorney Lewin instructed EC to request a clerk-magistrate hearing immediately (that day). EC took the citation to Haverhill District Court and requested a Clerk-Magistrate Hearing. On January 20, 2015 EC and Attorney Lewin appeared in Haverhill District Court for the hearing. Attorney Lewin explained to the clerk-magistrate that EC had not been drinking at all and that this was simply an example of EC having let the time pass beyond 8:00 PM. Attorney Lewin requested that a criminal complaint not be issued against EC. The State Police did not object and the Clerk then denied the application for the criminal complaint and found EC not responsible of the speeding charge.

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On January 24, 1990 CS was arrested in Lowell, MA and charged with DUI Liquor and Operating without a License. He was bailed out from the Lowell Police Station and ordered to appear in Lowell District Court the next morning for an arraignment. CS lived in Maine at the time. CS, who was age 26 at the time, did not go to Lowell District Court and a warrant for his arrest was issued by the Court. Over the next 24 years life went on for CS. He moved to North Carolina, married, had three children, and ultimately started his own business (selling snow cones). He got a North Carolina driver’s license and life was good. In early December 2014 CS went to renew his NC driver’s license and his past came back to bite him. He was told he could not renew his license because his right to drive in Massachusetts was suspended because of the outstanding warrant in Lowell District Court. This information was showing up in the National Driver Register (NDR) and was preventing CS from renewing his license in NC. CS contacted and retained Attorney Robert Lewin in North Andover, MA. Attorney Lewin went to Lowell District Court and obtained a copy of the only paper in the court file – a docket sheet from 1990. The court file did not contain a police report. The arresting officer was no longer on the police force. Attorney Lewin contacted the DA’s Office at Lowell District Court and furnished the DA with a copy of the court Docket Sheet. The DA said they would have to see if a police report could be found and – assuming they could determine who the witnesses were – if the witnesses were identifiable and locatable. Attorney Lewin advocated for the DA to drop the case. Attorney Lewin stayed in contact with the DA at least 2 times per week for two weeks. It was becoming apparent that the DA and the police were unable to find a police report let alone any witnesses. On January 5, 2015 Attorney Lewin filed a Motion to excuse CS’s personal appearance in court and to dismiss the case. Lowell District Court requires 7 days notice on scheduling a Motion. On January 13, 2015 Attorney Lewin appeared in court on behalf of CS. The District Attorney agreed that they could not go forward with the case and the DA filed a Nolle Prosequi. A Nolle Prosequi is a dismissal of a criminal charge that is filed by the District Attorney. The Judge accepted the Nolle Prosequi and the Judge granted Attorney Lewin’s Motion to excuse CS. The Judge ordered the warrant recalled & cancelled and the Judge ordered the case dismissed. No court costs or court fees were assessed.
Notice of the the cancellation of the warrant and the dismissal of the case will be transmitted electronically to the Registry of Motor Vehicles by Lowell District Court. The Registry will then lift the suspension of CS’s right to drive and CS will be able to renew his North Carolina License. When Attorney Lewin returned from Court on January 13, 2015 he sent CS an email to update him on what happened in Court. CS then replied in an email as follows: “Great!! I can honestly say I have never had a lawyer work as hard as you have – thank you so much.” Needless to say CS is a happy camper!

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