by

On October 8, 2013 PD, a 58 year old engineer, drove to the Loop Shopping Center in Methuen during the lunch hour. He parked his car in the parking lot in front of Marshall’s. A woman shopper came out of Marshall’s and proceeded to walk toward her car, which was parked behind and to the side of PD’s car. As she walked by PD’s car she looked over into his car through the open window and observed that PD was masturbating. She stated to the police that she saw his penis in plain sight and that PD was masturbating. She got into her car and called 911. There were police in the parking lot and they responded immediately. The police pulled up (2 cruisers) by PD’s car and got out and went over to PD’s car; his pants were unbuttoned, unzipped, and open and he was putting his penis back into his pants. The police arrested PD and charged him with Open & Gross Lewdness. Open & Gross Lewdness is a Felony in Massachusetts and two convictions require registration with the Sex Offender Registry.
PD retained Attorney Robert Lewin. Attorney Lewin immediately had PD enroll in mental health counseling with a counselor who was familiar with sex offenses. Attorney Lewin gathered up all the positive material from PD’s past (excellent military service record, college education record, and employment history). Attorney Lewin then met with the Assistant District Attorney for a pre-trial conference and was able to convince the DA that PD warranted consideration. Ultimately a plea bargain was worked out and the charge of Open and Gross Lewdness was continued without a finding. In December of 2014, provided PD stays out of trouble and continues with his mental health counseling, the charge will be dismissed. As a result of this disposition PD was not convicted of any criminal offense, he will not have to register with the Sex Offender Registry Board, and he is not required to wear a GPS device. PD was very relieved and happy with the result.

by

On July 9, 2014 NK and a friend drove from Manchester, NH down to Methuen to buy heroin. At a prearranged spot the friend exited NK’s car and met a woman and began walking down the street with the woman. The friend gave the woman $200 and the woman gave NK’s friend several packets of heroin. The friend returned to NK’s car and got in. NK began to drive away and within moments several unmarked police vehicles with flashing blue lights forced NK to a stop. The police ordered NK and his friend out of the car. Heroin packets were found in the front seat and loose heroin was found on the driver’s seat and on the floor in front of the driver’s seat. The police arrested NK and his friend and charged them both with Possession of Class A (Heroin). The woman, who had been under police surveillance, was also arrested and charged with Distribution of Heroin. The next day, July 10, 2014, NK appeared in Lawrence District Court and was arraigned; his case was continued to September 5, 2014 for a pre-trial hearing.

NK – it turns out – was on probation in NH for 3 burglaries and has a 2-4 year state prison sentence hanging over his head.This arrest could cause his probation to be revoked and the 2-4 year sentence to be put into effect. NK put himself into a 28 day in-patient drug treatment program. He completed that program and then transferred into a 3-6 month residential treatment program.

On September 2, 2014 (just three days before his court hearing) NK retained Attorney Robert Lewin from North Andover to handle the drug case in Lawrence District Court. Attorney Lewin immediately obtained the treatment records from the two drug programs. The records were excellent and showed that NK was making genuine efforts to overcome his addiction. On September 4, 2014 Attorney Lewin went over to Lawrence District Court and met with the Assistant District Attorney assigned to the case. Attorney Lewin gave her copies of the treatment records and explained how well NK was doing. Attorney Lewin asked the Assistant DA to dismiss the case. The Assistant DA agreed.

Continue reading

by

On September 24, 2013 AC, a 33 year old female living in Malden with her 32 year old boyfriend (JR), learned that JR was using drugs. JR was sleeping. AC went into the bedroom and proceeded to wake JR up. This is where the stories diverge. According to the Malden Police Reports JR told the police that AC was standing over the bed with a large kitchen knife in her hand when she woke him up. When he saw the knife he ran to the bathroom and locked the bathroom door behind him. At that point AC began “stabbing” the door with the knife actually making a large hole in the door. AC then decided to run from the apartment. She left but then decided to go back. JR called 911. AC and JR struggled when she tried to get back in. The Malden Police responded to the scene and spoke to both JR and AC. The police arrested AC and charged her with Assault by Means of a Dangerous Weapon (the knife). There was a third party present in the apartment when all this happened, a girlfriend of AC. The girlfriend told the police that JR and AC had argued first and that JR had struck AC in the mouth causing her mouth to bleed and that he had also grabbed her arms causing her arms to bruise; it was only after JR had attacked AC that AC went into the kitchen and got the knife.

AC was arraigned on a felony charge of Assault by Means of a Dangerous Weapon. AC retained Attorney Robert Lewin. In order to level the playing field Attorney Lewin had AC apply for a criminal complaint against JR for Assault and Battery (the punch to the mouth and the grabbing of her arms) as well as an abuse prevention order. A criminal complaint was issued against JR and an abuse prevention order was entered against JR. This greatly leveled the playing field and gave AC leverage to defend against the Felony Assault charge. AC had a high powered job with a high tech firm in the medical field and a felony conviction would destroy her career.

As luck would have it JR just could not stay away from AC. He quickly violated the Abuse Prevention Order twice and found himself locked up. On March 10, 2014 the charge against AC was scheduled for trial. AC and Attorney Lewin showed up in Malden Court and answered ready for trial. JR – because he had three outstanding criminal charges – exercised his fifth amendment privilege against self-incrimination and refused to testify. The case against AC was dismissed.

Continue reading

by

On June 6, 2013 RS, a 56 year old union insulator, was driving in Lowell when his vehicle was struck by another vehicle. The police responded to the scene of the accident and it was determined that RS’s license was suspended. The suspension was for non-payment of his child support obligations. RS had two prior operating after suspensions on his record and an old DUI. RS was arraigned in Lowell District Court on January 15, 2014 and his case was continued for a pre-trial hearing to February 5, 2014. If convicted as a subsequent offender RS would have lost his license for an additional year and faced the possibility of up to a year in jail. RS met with and retained Attorney Robert Lewin.

Attorney Lewin realized that RS needed to drive and that a conviction had to be avoided. Attorney Lewin met with the Assistant DA handling the case and could sense that the DA had not looked closely at the record. Attorney Lewin mentioned nothing of RS’s prior record. On February 5, 2014 RS and Attorney Lewin appeared in Lowell District Court. Attorney Lewin approached the Assistant DA and suggested a dismissal of the case upon the payment of $250.00 in court costs. The Assistant DA bit the hook and the case was dismissed on the payment of the $250. (In fact RS had brought $1,000 to court with him but only needed the $250.) RS was thrilled with the result and left the court a happy camper.

by

On January 4, 2014 LW, a Chinese national in the US on a work visa, was arrested at his home in Malden after his wife, also a Chinese national, called the Malden Police to report that he had shoved her and slapped her on the face. He was arraigned on the charge of domestic assault & battery in Malden Court on January 6, 2014 and his case was continued to February 11, 2014 for a pre-trial hearing. LW met with and retained Attorney Robert Lewin. Attorney Lewin explained how reluctant the Middlesex County DA’s Office was to dismiss domestic assault & battery cases. Attorney Lewin spoke at length with LW’s wife; she indicated that she did not want to testify against her husband and that she wanted the case dismissed. Attorney Lewin prepared a marital affidavit which LW’s wife signed. Attorney Lewin obtained an English translation of their Chinese marriage certificate. Attorney Lewin met with the Assistant DA and presented the Marital Affidavit to the Assistant DA and put LW’s wife in contact with the Assistant DA. On February 11, 2014 Attorney Lewin and LW and LW’s wife appeared in Malden District Court. Attorney Lewin explained to the Judge that LW’s wife was present in the court and that she did not want to testify against her husband. The Judge read the marital affidavit that Attorney Lewin had prepared that LW’s wife had signed. The Judge then questioned LW’s wife to make sure that she was not being forced into not testifying against her husband. The Assistant DA then relented and agreed to dismiss the case at the pre-trial hearing. As with many of these cases, the case was won in the preparation. The result of a dismissal was critical for LW because had he been convicted or even had his case been continued without a finding then he would have been subject to deportation back to China. Needless to say he was happy with the result and he was happy that it was obtained so quickly.

by

On March 14, 2014, MR, a 39 year old woman and her husband, were in the waiting room of a psychologist’s office in North Andover. They were getting divorced and were litigating in the Probate Court who was going to get custody of their 9 year old daughter. The Probate Court judge had appointed the psychologist to investigate the issue of custody. On March 14, 2014 the psychologist wanted to speak to their daughter and then to MR and her husband. While the psychologist was speaking to their daughter MR went to use the bathroom. When she exited the bathroom MR claimed that her husband (a Doctor) pushed her to the floor. The Husband claimed that MR had stepped on his foot and then in a very controlled manner fell to the floor. He claimed he never touched her. When MR landed on the floor she screamed. The psychologist came out of his office. The psychologist, MR, and her husband all called 911. The police came. The police charged BOTH MR and her husband with domestic assault. The husband wanted for both MR and himself to exercise their marital privilege and not testify against each other and have both cases dismissed. MR refused. MR retained Attorney Robert Lewin. Attorney Lewin reviewed the police reports and felt strongly that the case against MR was very weak and that MR should go to trial. MR had had the presence of mind to take pictures of a cut on her elbow and a bruise on her leg that she had sustained when her husband threw her to the floor. Attorney Lewin made color enlargements of the photos. On July 29, 2014 the case against MR went to jury trial in Lawrence District Court. Attorney Lewin had thoroughly prepared MR for her testifying at her trial. MR was concerned that her husband was a “convincing talker” and “made a nice appearance”. Attorney Lewin told MR, not to worry about her husband that Attorney Lewin would deal with his “slickness” on cross examination. The trial began; the Husband testified and Attorney Lewin through cross examination was able to show that the husband was an angry man. The jury saw it. MR testified and followed all the lessons that Attorney Lewin had given her: she looked at the jury when she testified, she was polite but firm, she answered her questions with precision and confidence. The jury went out to deliberate at 12:47 PM; seven minutes later we were all back in the court room. The Jury had reached their verdict. MR was found NOT guilty. MR was thrilled. Attorney Lewin has been practicing criminal law since 1971. In 43 years of practice this was the quickest verdict that Attorney Lewin has had. As a Judge in Lawrence District Court said to Attorney Robert Lewin recently in another jury trial that ended with a not guilty verdict, “Bob, you still got your fastball”.

by

On March 16, 2014 FA (a 28 year old male auto mechanic from Malden) was arrested in Wakefield at about 5:30 AM and charged with OUI Liquor, 2nd Offense. FA had been at a friend’s house playing video games and had consumed several beers during the course of the night. He and his host and another friend fell asleep at around 2:00 AM. FA awoke at about 5:00 AM and with one friend decided to drive to his own home. FA and the friend got into FA’s car. FA pulled down the street took a right turn and suddenly went across the road into a utility pole. FA, who had not been wearing his seat belt, hit his head against the windshield and had a head injury. The police, fire, and EMTs all responded to the accident scene. FA declined medical treatment. The police smelled liquor on FA’s breath, claimed he was unsteady and was slurring his speech. Field sobriety tests were administered which FA could not do. He was arrested for OUI Liquor. A record search by the police revealed a prior OUI conviction from 2005. FA was brought to the Wakefield Police Station and declined to take a breath test. As a result of refusing the breath test his license was revoked for three years. FA went to Malden Court the next morning and was arraigned and his case was continued for pre-trial. FA sought out Attorney Robert Lewin.

Attorney Lewin took a detailed statement of the facts and then spoke with FA’s two friends. It became clear to Attorney Lewin that FA’s case was a very triable case. The crash of the car into the utility pole could be explained by a broken tie rod. His unsteadiness and slurred speech were the results of the head injuries he sustained in the accident. The poor performance on the field sobriety tests was directly related to (1) his injuries in the accident and (2) the fact that it was very cold outside and he was dressed only in dress pants and a dress shirt. No sweater or jacket. Attorney Lewin also turned the focus back onto the Wakefield Police. That police station is loaded with video cameras and video monitors; yet the officers testified that they were unaware if the video system had the ability to record. That was testimony the jury must have found hard to believe. After an all day trial on June 24, 2014 the case went to the jury at 4:00 PM; at 4:35 PM the jury came in with a NOT Guilty verdict.

The OUI Law permits (but does not require) the trial judge to order the Registry of Motor Vehicles to reinstate an accused’s license following a NOT Guilty verdict. On July 8, 2014 FA and Attorney Lewin appeared before the trial Judge and after a hearing the Judge granted Attorney Lewin’s Motion to restore FA’s License. FA left the court house, gave Attorney Lewin a big “thank you” and headed for the Registry to get his license.

Continue reading

by

On March 14, 2014 EB, a 42 year old RN was observed operating a motor vehicle on the Mass. Pike. The state police ran a random check of the Registration Plate and it indicated that the owner of the vehicle was a 42 year old female whose license had been revoked for two years following a conviction for OUI 2nd Offense in November 2013. The trooper pulled EB over and she immediately confessed to the officer that her license was revoked for two years as the result of her conviction for OUI Second Offense. After considerable pleading by EB the Trooper did not arrest EB but issued her a citation for OAS for OUI (Operating After Suspension where the suspension is the result of an OUI Conviction). The trooper had her car towed from the scene. This offense carries a mandatory minimum sentence of 60 days in the House of Correction, no exceptions.

EB immediately contacted Attorney Robert Lewin. Attorney Lewin directed EB to IMMEDIATELY go to the Waltham District Court and request a hearing. The next day EB went to Waltham District Court and requested a hearing.

EB was a widow and the single parent of a 12 year old son. She worked full time as a nurse and was a cancer surgery survivor. The best hope for avoiding the 60 day jail sentence (maximum 2 1/2 years) was to try to resolve the case at the Clerk-Magistrate Hearing without a criminal complaint issuing. Attorney Lewin reached out to the State Trooper who issued the citation to thank him for not arresting EB, but rather citing her.

Continue reading

by

On February 24, 2014 JV, a 66 year old retired carpenter, woke up at about 7:30 in the morning. He sleeps in just a t-shirt. He got out of bed and walked over to a living room window and stood by the window looking outside. His private parts were exposed. According to a Winthrop Police Report an 11 year old boy living one house over looked over at JV and saw JV masturbating. The 11 year old boy got his Mother and she also looked over at JV’s house and she also observed JV masturbating. The mother called the police who responded. After an investigation the police applied for a criminal complaint against JV for Open and Gross Lewdness, a felony in Massachusetts. JV retained Attorney Robert Lewin from North Andover.

Attorney Lewin obtained copies of the police reports and then contacted the Police Prosecutor. Attorney Lewin had several discussions with the Police and ultimately the Police agreed not to push for the issuance of a criminal complaint. On April 23, 2014 JV and Attorney Lewin appeared in East Boston District Court for the hearing on the application for a criminal complaint that had been filed by the Police. Attorney Lewin explained to the Clerk-Magistrate that the case had been discussed at length with the police and that Attorney Lewin was requesting that no complaint be issued, but rather that the matter be left open for 1 year with the application to be dismissed at the end of the 1 year if JV is in no further trouble with the law. As a result of this disposition JV was not arrested, he was not charged with a crime, no criminal complaint was issued against him, he did not have to appear in open court before a judge, no entry of the case was made on JV’s CORI (criminal record), and there was no public notice of the charge that had been applied for against him. JV (and his wife) walked out of East Boston District Court very relieved and very happy that their court ordeal ended well.

by

On Friday, December 13, 2013, DL, a 44 year old truck driver from Dracut was delivering a load of crushed stone to a construction site in Andover. DL and the foreman at the construction site got into a heated argument about where the crushed stone was to be dropped. DL (well over six feet tall and well over 250 pounds) got down out of his truck and went chest to chest with the foreman. According to the police reports, the foreman began to turn away from DL and DL then punched the foreman in the face. According to the foreman DL then jumped on top of the foreman and beat him about the face. When questioned by the police DL told the police that the foreman had bumped DL in the chest and then cocked his arm back as if he was going to hit DL when DL in self-defense punched the foreman in the face. The Andover Police filed an application for a criminal complaint against DL for assault and battery. DL retained Attorney Robert Lewin.

Attorney Lewin told DL that he should apply for a criminal complaint against the foreman for assault and battery (the chest bump). Attorney Lewin told DL that this would level the playing field and might convince the foreman to drop the case. On April 10, 2014 DL and Attorney Lewin and the foreman and his lawyer and the Andover Prosecutor were all present in Lawrence District Court for the hearing on the cross complaints for assault and battery. The foreman had taken a pretty good beating and had photos of his face and a hospital report. Attorney Lewin took the foreman’s lawyer aside before the hearing and said that neither the foreman (who has a criminal record) nor DL should want criminal complaints to issue. Attorney Lewin suggested that if each of the two men refused to testify and agreed for no complaints to issue that it was very likely the clerk-magistrate would go along. The foreman’s lawyer said the foreman was adamant about going forward with the hearing. The hearing proceeded: the foreman came off as a wise guy; DL came off as sincere. The Clerk asked to hear first from Attorney Lewin. Attorney Lewin acknowledged that there was probable cause to issue the two complaints (one against each man) but it was in the best interest of both men to walk away from this fight with no criminal complaints. The foreman’s lawyer began to speak and the Clerk interrupted and told him that there was probable cause to issue complaints against both men. The Clerk asked if that was what the foreman really wanted. At that point the foreman and his lawyer talked and agreed that everything would be dismissed. Both applications for criminal complaints were then dismissed. Had DL not filed for a complaint against the foreman the complaint against DL would have been issued. As a result of the Clerk not issuing any complaints, DL does not have to return to court, he does not have to appear before a Judge, and he has no criminal record.

Contact Information
18 Kathleen Dr
Andover, MA 01810
Phone: 978-258-3520
Fax: 978-258-4565
E-mail Us
Map & Directions

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2024, Lewin & Lewin
JUSTIA Law Firm Blog Design