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On July 19, 2014 SI, a 46 year old letter carrier from Malden, asked his 16 year old son to get ready for bed. SI and his son got into an argument. The son told SI to go f__k himself. The son alleged that SI then struck the son across the forehead pushing the son into the wall. SI’s wife got between the two of them. SI’s daughter called 911. SI left the house. The police responded. The police took statements from SI’s son, daughter, and wife. The police applied for a criminal complaint against SI for assault & battery. The police also notified DCF (the Department of Children & Families); DCF came to the house and took statements from everyone, including SI. SI denied striking his son in the forehead. DCF was told that the son (who was 2″ taller than his father and 20 pounds heavier) got up in his father’s face and was screaming at his father. SI put his open palms against the son’s chest and simply pushed the son back from SI’s face. The DCF decided to UNsupport the allegation of abuse that had been made against SI. SI retained Attorney Robert Lewin to represent him at the hearing on the criminal complaint.
Prior to the hearing Attorney Lewin met face to face with the Malden Police Prosecutor. Attorney Lewin gave the police prosecutor a copy of the decision from the Department of Children & Families showing their determination NOT to support an allegation of abuse. In addition Attorney Lewin gave the police prosecutor a copy of a statement Attorney Lewin had taken from SI’s wife wherein she corroborated SI’s version of what had occurred. On September 16, 2014 Attorney Lewin, SI and SI’s wife appeared at Malden District Court for the hearing. Attorney Lewin had SI’s wife testify. After hearing the testimony of SI’s wife the Clerk-Magistrate DISMISSED the application for criminal complaint. As a result of this disposition SI was not charged with a criminal offense, no criminal complaint was issued against him, he was not arrested, and no criminal record was created. It was as if it did not happen. SI and his wife left the court pleased with the outcome of the case.
As in most criminal cases, preparation and communication are most important. Attorney Lewin had both SI and his wife prepared for the court hearing. Attorney Lewin had communicated fully with the Police Prosecutor before the hearing. “All the ducks were lined up” before SI and Attorney Lewin walked into the hearing room.

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For 25 years RJ had a secret love for CL, a woman RJ had worked with for 4 years from 1989 to 1993. RJ was very very shy and never asked CL out on a date and never told her of his affections for her. For 25 years RJ “kept tabs” on CL, knowing where she worked and where she lived. He would go for walks near her home always hoping to catch sight of her. He would go for walks near her workplace hoping to see her. In 2013 he would drive to her neighborhood, get out of his car, and go for walks when he knew she would be out. He would walk on the opposite side of the street. On occasion he would walk past her – never saying anything to her. CL began to notice this man showing up near her place of work and near her home and following her (not realizing who he was). She became alarmed and notified the police. CL’s neighbors also noticed the man and the neighbors became concerned. Someone got his license plate and gave it to the Billerica police. The Billerica police contacted RJ and had him come to the police station. He immediately confessed to 25 years of following CL. The police charged RJ with criminal harassment and the case was set up for a Clerk’s Hearing in Lowell District Court on February 14, 2014. RJ retained Attorney Robert Lewin of North Andover. Attorney Lewin realized that RJ was a very shy and simple man. He had no intention to harm or frighten CL. Prior to the hearing Attorney Lewin had spoken to both the police prosecutor and the officer in charge of the investigation. Attorney Lewin was able to convince the police that RJ had no intentions to harm or cause hardship to CL. On February 14, 2014 RJ and Attorney Lewin appeared in Lowell District Court for the Clerk-Magistrate Hearing. Attorney Lewin explained the case in detail to the Clerk. The Clerk-Magistrate agreed with Attorney Lewin that this was an appropriate case not to issue a criminal complaint. The Clerk-Magistrate continued the hearing for six months to August 14, 2014. On August 14, 2014 the application for criminal complaint was DISMISSED. As a result of this disposition RJ was not arrested, he was not charged, no criminal complaint was issued against him, and no criminal record was created. It was as if it did not happen. The solution to this case was in the preparation and the communication. Attorney Lewin communicated directly with both the Police Prosecutor and the Investigating Officer well before the hearing and got them to agree for the Magistrate not to issue the complaint.

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In 1983 and 1984 WL, then 23 and 24 years old got into a spate of trouble with the Haverhill Police. He had charges of Violating Probation on an Operating Under the Influence of Liquor charge, Malicious Destruction of Property (a Felony), two charges of Operating an Uninsured Motor Vehicle, and a charge of Attaching Plates to Conceal a Vehicle. It all became too much so WL headed out west to California for greener pastures. Months turned into years and years turned into decades. In 2014, WL, now 53 years old, is living in Pennsylvania and he went to renew his Pennsylvania gun license. He was told he could not renew his gun license because he had these warrants in Haverhill District Court. WL first hired a Massachusetts lawyer who does gun license cases. When the lawyer saw the situation in Haverhill District Court, the lawyer told WL you need to get a lawyer who knows the Haverhill District Court and who has experience in getting old cases cleaned up. On Wednesday, September 10, WL contacted Attorney Robert Lewin in North Andover, MA. They talked on the phone and then WL retained Attorney Lewin (paying the legal fee by wire transfer). Later that day Attorney Lewin went to Haverhill District Court, reviewed all the papers, and spoke directly to the Probation Department. On the DUI case WL had been put on probation back in 1984 but he utterly failed to comply with his probation. He did not do the DUI Program and he had not paid the court fees and fines. The one big thing that WL did have going for him was that for the last 30 years he had not got into any trouble. Attorney Lewin was able to convince the Probation not to ask that WL’s probation be revoked. On Friday, September 12, 2014, WL flew out to Boston and met Attorney Lewin at Haverhill District Court. Attorney Lewin and WL went in front of the Judge. Attorney Lewin explained to the Judge that over the last 30 years WL had gone on to become a productive citizen, that he had his own business, that he was raising two children, and most importantly that WL had stayed out of trouble. The Judge was impressed with WL’s progress over the last 30 years and agreed to dismiss the probation violation. The Judge then dismissed all five cases against WL and ordered WL to pay a total of $1,000 in court costs. WL paid the $1,000 immediately before anyone changed their mind. Within 48 hours of retaining Attorney Lewin all five of WL’s cases in Haverhill District Court were dismissed. WL was thrilled and flew back to Pennsylvania to get his gun license. Had the Probation Office asked for WL’s probation to be revoked and had the Judge revoked his probation, WL could have been sentenced to up to 2 1/2 years in jail and his right to drive would have been revoked for one year (and Pennsylvania would have revoked his Pennsylvania driver’s license for the one year period). He had a lot at stake and it worked out well. WL gave Attorney Lewin a big thank you and handshake as they left the Courthouse.

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On February 16, 2014 TF was operating a Caterpillar Front End Loader doing snow removal on Rt. 93 South in Woburn. It was 2:00 am and it was snowing hard. A car came onto Rt. 93 and was going too fast for the conditions and crashed into the Front End Loader. The State Police responded to the scene. When asked for his license TF told the police that his license (a Vermont License) was back at the shop. The police ran his license information and learned that TF was suspended in Vermont and had been denied a license in MA. The police charged TF with unlicensed operation, license class violation, and no license in possession. It turns out that TF’s license in Vermont had been suspended for his failure to complete a DUI Program. He was completely unlicensed in MA. TF retained Attorney Robert Lewin. Attorney Lewin instructed TF to complete all his outstanding requirements to get reinstated in VT. On September 15, 2014 TF and Attorney Lewin appeared in Woburn District Court. After a productive meeting between Attorney Lewin and the Assistant District Attorney, the DA’s office agreed to dismiss all the charges against TF upon the payment of $150.00 in court costs. Attorney Lewin told TF to pay the costs immediately before someone changes their mind. TF paid the costs immediately and they case went completely away. TF left the Courthouse a happy fellow.

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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.

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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.

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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.

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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.

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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.

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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”.

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