Massachusetts Criminal Lawyer Blog

December 10, 2023

OUI Drugs Dismissed

On September 12, 2023, BY, a Registered Nurse, was driving to a nursing assignment. She was extremely tired and pulled to the side of the highway behind a State Trooper. The Trooper went back to her car to investigate. Several other motorists pulled over and told the trooper that BY had been all over the highway, at time going completely off the roadway and then lurching back on. The Trooper had her exit the car and had her perform several field sobriety tests. She did poorly on the tests almost falling over. The Trooper placed her under arrest for Negligent Operation.

There was no odor of alcohol coming from her and there was no evidence of alcohol in the vehicle. During an inventory search of the vehicle the Trooper found a bottle of Morphine, a bottle of Haloperidol, and a bottle of Lorazepam (all controlled substances) in BY’s vehicle.. The Morphine and the Haloperidol were in prescription bottles that bore the name of a deceased patient. The Lorazepam was in a prescription bottle that bore BY’s name. The Trooper then added the charges of Operating Under the Influencer of Drugs and Unlawful Possession of Drugs.

The police filed a Notice of Immediate Threat with the RMV. The RMV immediately suspended BY’s Driver License.

December 10, 2023

Juvenile Negligent Operation Charge Diverted

by Robert D. Lewin

LS, a 17 year old high school student, took one of his family cars and decided to do a time trial on an Andover Street. He had three other kids in the car with him. Going around a corner at a high speed he lost control and crashed into a stone wall. Fortunately for LS no one was hurt and the other three kids in the car took off. A neighbor called the police and the Andover Police arrived shortly thereafter. LS was cited by the police for speeding and negligent operation. LS and his parents met with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately told LS to file the citation at the Clerk-Magistrate’s at Lawrence Juvenile Court. The filing of the citation at the court preserved LS’s right to a Clerk-Magistrate Heating BEFORE a juvenile complaint was issued against him.

Negligent Operation is what is called a Chapter 90 Offense; Chapter 90 is the Massachusetts Motor Vehicle law. Juvenile’s, with no prior court involvement, are typically eligible for consideration into the Juvenile Diversion program. The Juvenile Diversion Program causes a criminal (juvenile) charge to be “diverted” out of the criminal justice system. As a matter of practice, however, Chapter 90 Offenses (such as Negligent Operation in this case) will not be diverted.

After being hired, Attorney Lewin went over to the Juvenile Court in Lawrence to review the court papers and get a copy of the police report. The Clerk-Magistrate informed Attorney Lewin that the police had not yet filed their paperwork at the Court. There is a little known rule called the “6-Day Rule”. The Motor Vehicle Law contains a provision that the police must file their paperwork at the court within 6 business days of the violation. When Attorney Lewin saw that the police had not filed their paperwork (on the fourth business day), Attorney Lewin called LS and his parents and told them we are doing to go silent and wait and see if the police file within the 6 business days. And wait they did. Finally on the 15th business day after the violation the police filed their paperwork at the Court. Attorney Lewin immediately filed a Motion to Dismiss the case for violation of the 6 day rule.

December 10, 2023

Another Hir & Run Charge Avoided

by Robert D. Lewin

On September 19, 2023, BL, a 60 year old nurse from Methuen, went to a store in Haverhill,. As she pulled down the street in the front of the store her passenger side outside mirror struck the driver side outside mirror of a car parked on the street. All of this was captured on an on street video camera. BL continued down the street a short distance and then parked. BL is then seen walking over to the struck vehicle, looking at it the mirror was hanging down by a wire), and then continuing to the store. She is then seen leaving the store with three other people, walking over to the struck vehicle, and then walking to her vehicle and drive away. She did not offer her information. The incident was reported to the police. The police viewed the video. Her license plate number had been written down by someone at the scene. The police cited BL for leaving the scene of a property damage accident and her case was set down for a Clerk-Magistrate Hearing on December 8, 2023.

BL contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained copies of the police report and contacted the Haverhill Police and was able to obtain from the police a copy of the on street video and a copy of the photos of the struck video. BL could not afford to lose her license as she is a private duty nurse who travels everyday from Methuen to Merrimack to care for a patient. A conviction of a hit and run property damage case carries as 60 day loss of license. Attorney Lewin advocated on BL’s behalf with the police to agree to a disposition where BL would not be charged.

The hearing was a zoom hearing. Prior to the hearing Attorney Lewin had obtained and electronically filed at Haverhill District Court a notice that the man whose car had been struck had been fully compensated for the damage to his vehicle by his insurance company. On December 8, 2023, Attorney Lewin and BL appeared on the zoom along with the Clerk-Magistrate and the Police Prosecutor. Attorney Lewin advocated strenuously to the Clerk-Magistrate not to issue a criminal complaint against BL.

November 8, 2023

ANOTHER SHOPLIFITNG CHARGE AVOIDED

by Robert D. Lewin

On August 22, 2023, QG, a 48 year old executive administrator for a high tech company, got caught shoplifting in Target in Danvers. She had picked up a number of items and went to the self check out machine. She put several low cost items thorough the scanner and simply put the other items in a shopping bag without scanning them or paying for them. She then headed for the exit. As she was leaving the store she was stopped by a loss prevention officer and returned into the store. Unfortunately for QG, she had been observed shoplifting on prior occasions and the loss prevention officer recognized her from previous video tapes. The Danvers police were called to the store and told QG that she would receive a notice from Salem District Court. QG then received a Notice of a Clerk-Magistrate Hearing to take place on October 24, 2023. QG became very concerned that if her employer learned of this that she would be fired. QG contracted several lawyers and had a free initial zoom consult (1 1/2 hours) with Attorney Robert Lewin from Andover. QG retained Attorney Lewin.

Attorney Lewin immediately obtained copies of all the court papers and police reports. Attorney Lewin then called the Police Prosecutor and advocated with the prosecutor to resolve the case at the Clerk-Magistrate Hearing without a criminal complaint issuing against QG.

On October 24, 2023 Attorney Lewin and QG appeared at Salem District Court for the hearing. Attorney Lewin advocated for the clerk to not issue a criminal complaint against QG. The Clerk-Magistrate asked the prosecutor for his input. The prosecutor told the Clerk that he had spoken with Attorney Lewin and that he had no objection to a criminal complaint not issuing against QG. The Clerk-Magistrate then said he would continue the hearing for 3 months without issuing a criminal complaint and if there were no reports of QG breaking the criminal law then at the end of the three months no one had to come to court and the Application for Criminal Complaint would be denied and dismissed.

November 8, 2023

Violation of an Abuse Prevention Order – NOT Guilty after Jury Trial

by Robert D. Lewin

BK, a 34 year old business owner, had been ordered to have no contact with his ex-wife and to stay 100 yards away from her and her home. He was accused of violating the order by driving in front of her house, slowing his vehicle down, giving her the middle finger, and yelling “F..K You” twice at her. She testified that she had been sitting by her front window in her living when this happened and that she was texting someone at the time so she had her phone in her hand and she took a picture of his vehicle. This allegedly happened in Marblehead and she testified that she was familiar with his Black Chevy Tahoe, that she new his voice when he yelled at her, and that she saw his face in the vehicle. It turns out that BK’s vehicle was towed to a repair shop 2 days before the date of the alleged crime and was inoperable for two weeks. BK actually had a picture on his cell phone, time and date stamped, that showed his vehicle on the tow truck being driven away by the tow truck driver two days before the alleged incident. BK also had photos that BK had taken at his son’s basketball game at a time shortly before the alleged incident.

BK had been represented by another attorney and was unhappy with the lawyer. BK contacted Attorney Robert Lewin from Andover and came for an initial consult. BK was very happy with the attention Attorney Lewin gave him. They discussed all the evidence, photos, and witnesses. BK hired Attorney Lewin. The case was scheduled for trial on November 7, 2023 in Lynn District Court.

In the weeks leading up to the trial BK came to Attorney Lewin’s office for two long trial preparation sessions. BK did not feel he would be a good witness. Attorney Lewin told him otherwise. and Attorney Lewin thoroughly prepared BK to testify.

August 27, 2023

Another Domestic Assault and Battery Dismissed – Haverhill District Court

by Robert D. Lewin

In May of 2023 a criminal complaint issued against JT in Haverhill District Court for Domestic Assault & Battery against the mother of his child. The complaint alleged that the Assault and Battery occurred in August of 2021. Back in 2021 the police decided not to charge JT; however, he subsequently got into additional trouble with the law in 2023 and the case from 2021 was brought to life. Another attorney referred JT to Attorney Robert Lewin of Andover. JT retained Attorney Lewin.

The police report alleged that JT struck the mother of his child giving her a bruise under her eye. The two biggest problems that the Commonwealth had with its case were (1) the lack of any witnesses and (2) the fact that the alleged “victim” [the mother of JT’s child] was denying that JT struck her.

Attorney Lewin advised JT to get the earliest possible trial date. On July 13, 2023 JT and Attorney Lewin appeared in Haverhill District Court for a pre-trial hearing. The Court scheduled the case for trial on August 24, 2023. Attorney Lewin thoroughly prepared the case for trial and prepared JT and the mother of his child in the event it became necessary for them to testify.

August 27, 2023

Domestic Assault & Battery: Not Guilty After Jury Trial in Lawrence District Court

by Robert D. Lewin

LM, a 31 year old HVAC Tech. was charged with Assault & Battery on AB, the mother of their child. He vehemently denied the charge. On July 26, 2022 LM had his daughter for parenting time and was returning her to AB at an agreed upon return spot in Methuen (a convenient storer parking lot). On the way to the convenient store, AB texted LM and asked LM to bring the child to her home. He refused, and said the agreed spot is the parking lot of the convenient store. She was angry at his refusal. She drove to the convenient store and he arrived in the parking lot. Instead of waiting for LM to bring their daughter over to her car, AB got out of her car and ran over to LM’s van and attempted to remove their daughter from the van. LM yelled at her and a swearing match began between the two of them. He called her a “fucking bitch”. She yelled at him “Hit me, I dare you”. Finally, LM’s girlfriend who was in LM’s van got out and removed the daughter from her car seat. LM then picked his daughter up and hugged her and gave her to AB. AB had already called 911. LM saw a police officer in the convenient store and went in and got the police officer. The police officer was from Lawrence and could not do much, Within moments the Methuen Police arrived. AB told the police that LM had shoved her and pushed her. LM denied. LM was arrested and charged with Domestic Assault and Battery.

LM was assigned a public defender, but sought out a private criminal lawyer. LM met with and retained Attorney Robert Lewin from Andover. It turns out that AB had recorded the verbal exchange between herself and LM on her cell phone. It also turns out that there was a security video of the parking lot from the convenient store. The audio recording was not helpful to LM. He was loud and aggressive and swearing at AB.

Attorney Lewin listened carefully to the audio recording. And Attorney Lewin and LM studied the video together carefully. It turns out that both recordings would prove helpful to the defense at trial. On August 1, 2023 the Jury Trial began. AB testified, a Methuen Police Officer testified, LM’s girlfriend testified, and LM himself testified. Attorney Lewin had two trial preparation sessions with LM and his girlfriend and they were thoroughly prepared to testify at the trial. They did both testify and they did a great job. The trial carried over to August 2, 2023.

May 2, 2023

Operating After Revocation of Registration Dismissed in Woburn District Court

by Robert D. Lewin

On February 25, 2023, SM, a 45 year old engineer from Andover got pulled over and cited for speeding, expired inspection sticker, and operating a vehicle with a revoked registration (a criminal offense). The vehicle was a leased Tesla. The police report indicated that the registration was revoked because the vehicle was not insured. A clerk-magistrate hearing was scheduled, but SM never received the hearing notice. The Clerk-Magistrate issued a summons for SM to appear in Woburn District Court for an arraignment on May 2, 2023. Within days after being stopped by the police SM notified the leasing company that the car was and had been fully insured. SM went and got the car registered.

SM consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin reviewed the police reports and SM – a terrific client – furnished Attorney Lewin with the insurance policies showing that the car was fully insured at all times and with a copy of the new registration certificate.

Attorney Lewin contacted the DA’s Office and showed them that the Registration should never have been revoked as the car was fully insured throughout and that the fault lay with the leasing company. Attorney Lewin prepared and filed a Motion to Dismiss the case (all the charges) prior to arraignment.

April 30, 2023

Unlicensed Operation First and Second Offenses Dismissed (Brazilian Immigrant)

by Robert D. Lewin

In August of 2021, DM, a 24 year old Brazilian alien living in Lowell, got charged with Unlicensed Operation of a Motor Vehicle in Lowell. A Clerk-Magistrate hearing at Lowell District Court was set up for July 1, 2022. DM consulted with and retained Attorney Robert Lewin from Andover to represent him at the hearing. On July 1, 2022 Attorney Lewin and DM appeared in Lowell District Court for the hearing. Attorney Lewin advocated on DM’s behalf for no complaint to be issued against DM. At the conclusion of the hearing the Clerk-Magistrate agreed with Attorney Lewin’s request and ordered that if DM stayed out of trouble, then on December 31. 2022 the application for criminal complaint would be dismissed and the case closed without DM being charged. On December 31, 2022 that charge was dismissed without a criminal complaint being issued against DM.

In February 2023, DM got stopped again for unlicensed operation, no inspection sticker, and lights violation. This happened in Peabody. This time, however, DM was summonsed to appear in Peabody District court for an arraignment on April 5, 2023. (There was no Clerk-Magistrate hearing.) Once again DM retained Attorney Robert Lewin from Andover. Prior to the arraignment, Attorney Lewin spoke with the Assistant District Attorney at Peabody District Court. Attorney Lewin advocated on DM’s behalf for the case to be dismissed. The Assistant District Attorney agreed.

On April 5, 2023 Attorney Lewin and DM appeared in Peabody District Court. The case was called and Attorney Lewin explained to the Judge that the Commonwealth had agreed to dismiss the unlicensed operation charge and they had agreed to findings of NOT responsible being entered to the charges of no inspection sticker and the lights violation. The Judge accepted this joint recommendation of the parties. It was a complete win for DM.

April 30, 2023

Shoplifting Charge Avoided (Alien)

by Robert D. Lewin

SV, a 39 year old Nigerian alien, was caught shoplifting on December 2, 2022 at Macy’s in Saugus. Unfortunately for SV, she was known to the loss prevention personnel at Macy’s as someone who had stolen from the store on previous occasions but had not been caught. The police charged SV and because she had a prior history at the store the police requested that the Clerk-Magistrate at Lynn District Court issue a criminal complaint against SV without affording her a clerk-magistrate hearing first. The clerk-magistrate granted the request of the police and SV received a summons in the mail to appear for an arraignment at Lynn District Court on April 4, 2023. SV consulted with and retained Attorney Robert Lewin from Andover. Because of her status as an alien, having a record for shoplifting (a crime of moral wrongdoing) could lead to her being deported from the country and being denied citizenship.

Attorney Lewin immediately went to work on the case and obtained all the police reports. Most persons charged with shoplifting are afforded a clerk-magistrate hearing before a criminal complaint is issued. Many of these shoplifting cases get resolved favorably at the Clerk-Magistrate Hearing without a criminal complaint being issued. In SV’s case however, the criminal complaint against her had been issued without a hearing. The complaint was scheduled for an arraignment and it is the taking place of the arraignment that causes a criminal record to be created. And it is the creation of a criminal record for shoplifting that would create big problems for SV as an alien. It became very important for Attorney Lewin to try to avoid the arraignment from taking place.

Attorney Lewin prepared a lengthy motion (written request) to dismiss the charge against SV without the arraignment taking place. Attorney Lewin sent a copy of the Motion to the District Attorney’s Office before the scheduled arraignment date. On April 4, 2023 SV and Attorney Lewin appeared in Lynn District Court. Attorney Lewin met with the Assistant District Attorney handling the case and explained the devastating effects having a criminal record would have on SV. Attorney Lewin asked the Assistant District Attorney to agree to dismiss the case without the arraignment taking place. The Assistant District Attorney agreed.