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On June 9, 2012 FE and a friend drove to Hampton Beach, NH and spent the evening at a club. FE was age 20. When they left the club in the early morning hours of June 10, 2012 the friend was too drunk to drive and asked FE to drive the friend’s pick up truck. FE agreed and drove and headed down Rt 495S toward Lowell. FE was tired and pulled into the rest area on the southbound side of Rt. 495 in Merrimac, MA. There was a thirty pack of Coors Light on the rear floor. There was an open 12oz. Keystone Beer in a rear door pocket. There was also a 12 oz. Coors Light can (open) on the rear floor behind the center console. There was a cooler with ice in the back. After pulling into the rest area and parking laterally across three parking spaces, FE put the truck in park and both FE and his friend fell asleep with the engine running. The State Police entered the rest area and observed the truck.After waiting about ten minutes the Trooper approached the pick up to do a “wellness check” on the occupants. He banged on the doors and windows and got no response from the sleeping occupants. The Trooper then opened the drive’s door and FE, who was sleeping, started to fall out of the truck but was caught by the Trooper. FE awoke at that point.The truck wreaked of beer as did both occupants. The Trooper got FE out of the truck and administered Field Sobriety Tests. FE did well on the nine step heel to toe walk, he did poorly on the one legged stand, he did fair on the counting backwards test. He failed the horizontal gauze nystagmus test (HGNT). He was then arrested. He was brought to the Newbury State Police Barracks where a breathalyzer test was administered. The result was a .079! This gets rounded down to a .07 which is in the gray area in Massachusetts. On October 2, 2012 the case went to trial in Newburyport District Court. Attorney Robert Lewin represented FE. Attorney Lewin recommended to FE that the case be tried jury-waived (to a judge alone without a jury). The case was tried to a judge alone. The Judge excluded the results of the HGNT. The trial took about 20 minutes and the Judge returned a finding of NOT guilty. Because he was under 21, FE still loses his license for 180 days because his breath test result was over .02.

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GS is a successful 49 year old Florida businessman with a past that came back to bite him. In 1984, when he was 21 years old, he was driving drunk and led the police on a chase through several towns. It all ended in a crash and GS was taken from the scene in cuffs. He was brought to Wareham District Court. He was charged with 11 offenses including DWI, Reckless Operation, 2 Counts of Malicious Destruction to Property, Disorderly Conduct, Disturbing the Peace, and so on. Following a trial by Judge he was sentenced to serve 14 months in the House of Correction and his license was revoked. GS appealed. Before his appeal could be heard GS defaulted in court and his appeal was deemed waived and the original 14 month sentences were ordered into effect. A new criminal complaint issued against him for bail jumping. Warrants for his arrest were issued. GS went to Florida and remained in Florida for the next 28 years. He married and raised a family and ultimately started his own business which became very successful. He got a Florida driver’s license and for 28 years he lived the good life. In 2011 he went to renew his Florida driver’s license and the Florida DMV told him they could not renew because the NDR (National Driver Registry) was showing that he was suspended in Massachusetts due to the warrants from 1984. GS told his family about his “problem” in Massachusetts and then contacted the law offices of Lewin and Lewin. Attorney Robert Lewin was retained. Attorney Lewin immediately went to the Wareham District Court to review all the court papers. Sure enough GS had been sentenced to the 14 months in jail and he had defaulted. Under Massachusetts Law a Motion to Revise or Revoke a sentence must be filed within 60 days of the sentence being imposed. That 60 day period had elapsed back in 1984. Attorney Lewin looked for a technical angle and found one. Attorney Lewin prepared a Motion for Reconsideration of certain actions that had been taken by the Court back in 1984. Attorney Lewin met at length with the Assistant District Attorney and filed a Motion to dismiss the case and appeared before the Judge in Wareham. The Judge set the Motion down for hearing but insisted that GS come up from Florida to appear at the hearing. GS came up and on Thursday, May 3, 2012 GS and Attorney Robert Lewin appeared in Wareham District Court. After a full hearing the Judge granted Attorney Lewin’s Motion for Reconsideration. The defaults were removed, the warrants were recalled, all the guilty findings were vacated (after 28 years), all the sentences were vacated, and all the charges were ordered dismissed. The Judge, by agreement, ordered GS to pay $1,000 in court costs which GS paid immediately. The court cases were over. GS and Attorney Lewin waited in the Clerk’s Office to obtain attested copies of all the court papers. Armed with the Court papers, GS and Attorney Lewin then drove from Wareham to Boston to the RMV Driver Control Unit on Washington Street. Two hours later, GS walked out of the RMV with his right to operate reinstated. On Monday, May 7, 2012 GS called Attorney Lewin and told Attorney Lewin that he had just left the Florida DMV with his new license. GS was very very lucky. Many judges would have simply ordered GS to serve the 14 months.

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In 1989 SFC, a Dominican national, was arrested and charged with Distribution of a Class C Drug and Conspiracy to Violate the Controlled Substance Act in Malden Court. He appeared in Court several times and then went on the run. A warrant for his arrest was issued and remained open for over two decades. In 2012, SFC having remained in the US was married and had three children and wanted to become a citizen. He had to clear up the warrant and get the case resolved. SFC retained Attorney Robert Lewin of Lewin & Lewin. Attorney Lewin went to Malden Court and contacted the Malden Police. Unfortunately for SFC after 23 years the arresting officer and the back-up officer were still on the police department and the drugs (which SFC had allegedly sold to an undercover officer) were still in the evidence locker! Attorney Lewin was able to marshal a great deal of evidence that SFC had lead a crime free life since and that he had become a productive citizen. After several weeks of negotiation the District Attorney’s Office agreed to dismiss the charges against SFC upon the payment of $1,000 in Court costs. On April 23, 2012, SFC and Attorney Robert Lewin appeared in Malden District Court. Judge Johnson, a tough Judge who does not like these cases of people who are on the run for years, went along with the agreement that had been worked out between Attorney Lewin and the DA’s Office and ordered the case dismissed. With the dismissal of these criminal charges SFC is now in a position to proceed with an application for citizenship.

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On February 15, 2012 JB plead guilty in Middlesex Superior Court to possessing and distributing child pornography and was placed on Probation for four years. (See the blog entry describing JB’s case in our blog dated March 5, 2012.) JB then filed the required notice with the sex offender registry board (SORB). The Board then sent JB a notice that he was going to be classified and gave him an opportunity to submit materials relative to the classification. JB again retained Lewin & Lewin to represent him at the SORB. Attorney Robert Lewin prepared the response to the Board. A lengthy pre-hearing memorandum was prepared by Attorney Lewin and many favorable documents were attached to the memorandum and the entire package was submitted to the SORB on March 26, 2012. On April 19, 2012 (just 24 days after submission by the defense) the Board sent out a Notice that it was classifying JB as a Level 1 sex offender. As a Level 1 sex offender JB can register yearly by mail and information about him is NOT available to the public. Attorney Robert Lewin has presented many cases to the Massachusetts Sex Offender Registry Board and has achieved outstanding results for clients at the Board.

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On December 24, 2011 in the early evening the Woburn Police responded to a one car crash in Woburn. A car had crashed into a guard rail and into two large stone pillars coming to rest against the second stone pillar. When the police arrived the owner of the vehicle, KB, was seated on the steps of a home facing the accident scene. She appeared to the police to be highly intoxicated. According to a Fire Department report the Fire Department had been called to KB’s house about one hour earlier and had found her in a highly drunken state and had put her to bed. KB was taken from the accident scene to Lahey Clinic where she was admitted and treated and released the next day. She was issued a citation for OUI-Liquor. KB retained Attorney Robert Lewin. Attorney Lewin immediately requested a clerk-magistrate hearing and obtained the hospital reports and the blood test reports. Remarkably the blood test results showed the presence of NO alcohol. It appears that KB had had a reaction to medication that she was taking; the medication (Ambien CR) can cause sleep walking, sleep driving, and other activities performed while in a sleep state. An expert witness (an MD) was consulted and a letter was obtained from the Doctor explaining that sleep driving is a recognized consequence of this medication. On March 21, 2012 a hearing was held at Woburn District Court and the Clerk found no probable cause and refused to issue a complaint against KB. KB left the Court a happy woman!

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GG, a 31 year old administrative assistant at a major health care organization, went out with her husband one night and had a bit too much to drink. Upon arriving back home GG accused her husband of having a liason with another woman which her husband denied. GG got angry with her husband and according to the police reports began to slap him in the face repeatedly. Husband called 911, the police responded, and GG got herself arrested and charged with assault and battery. She went to Waltham Court the next morning and got arraigned. GG retained Attorney Robert Lewin. Attorney Lewin prepared a marital affidavit for the husband to sign (he was agreeable to the case being dismissed). Attorney Lewin then met with the Assistant District Attorney and presented the marital affidavit to the Assistant D.A. Attorney Lewin then put the husband in direct contact with the Assistant DA assigned to the case and the husband made it clear that he wanted the case dismissed. On March 12, 2012 GG and her husband and Attorney Lewin appeared in Waltham District Court. At the first call of the case at 9:30 AM the Assistant District Attorney filed a nolle prosequi. A nolle prosequi is a termination of the prosecution of a criminal case by the Commonwealth. It is the Commonwealth’s way of dismissing a case. Attorney Lewin is now preparing a petition to seal the record of the case; when the petition is granted the case will be removed from GG’s criminal record and she once again will have no criminal record. By preparing the case early and by connecting with the District Attorney’s Office early we were able to get the case dropped immediately.

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By late February 2012, CJ had waited until the last days to renew his California driver’s license before it expired. When he went to renew his license, however, the California DMV told him that his license could not be renewed because his right to operate in Massachusetts had been suspended due to an outstanding Massachusetts warrant. CJ was dumfounded, as he had moved out of Massachusetts in 1983 and had not been in any trouble since. More importantly, CJ drives as part of his job and could not continue working if he did not have a valid license. Getting to the bottom of this issue and getting his license renewed quickly was critical. CJ called the Massachusetts Registry of Motor Vehicles (the “RMV”) to find out what was going on. He was informed by the RMV that his right to operate had been suspended because of a Massachusetts warrant issued in connection with a 1982 criminal case in the Malden District Court. CJ recalled having a case in that court which was continued without a finding in 1983. He believed, however, that the case was over and did not understand why there was a warrant. CJ called Lewin & Lewin on Thursday afternoon March 1, 2012. Attorney Joshua Lewin went to the Malden court and obtained the paperwork from the case. He discovered a warrant had issued because CJ had not complied with all of the terms of his probation and was in default because he did not appear in court at the end of the continuance without a finding and had not paid moneys owing to the court. Attorney Lewin filed a motion with the Court and got the case brought before a Judge on Monday morning, March 5, 2012. Attorney Lewin persuasively argued to the Judge that the warrant should be recalled and the case dismissed and that CJ should not be made to return to Massachusetts to deal with the issue. The Judge agreed with Attorney Lewin’s arguments, cancelled the warrant and dismissed the case. Attorney Lewin then appeared at the Massachusetts RMV and arranged for CJ’s right to operate to be reinstated. The Massachusetts RMV lifted the suspension of CJ’s right to operate on Tuesday, March 6, 2012 and entered that information into the National Driver Register. California received that information and CJ was able to renew his California driver’s license. CJ never had to leave California and within four business days of contacting Lewin & Lewin was back on the road. The attorneys at Lewin & Lewin frequently deal with license suspensions due to outstanding warrants and we represent out-of-state clients whose have license suspensions due to Massachusetts court warrants.

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On October 13, 2010, JB was performing his duties as an active duty member of the Massachusetts National Guard when he received a phone call from his parents. A team of State Police officers were at their house with a search warrant for computers in the house. The State Troopers were in the process of tearing apart JB’s bedroom and were going through his laptop computer. About a month earlier, the State Police had performed an online investigation into the possession and dissemination of child pornography through online computer file sharing networks, such as “Limewire”. During that investigation, they identified a computer at JB’s house as sharing files containing child pornography. The State Police obtained a search warrant and, in the course of searching his computer in the home, found the file sharing program “Limewire” on his computer and located dozens of files containing child pornography. JB was instructed to return home at once. JB drove home in a complete panic. When he arrived at his house, the State Police sat him down and began questioning him about the child pornography they had just found. JB was subsequently charged in the Woburn District Court with possession of Child Pornography and Possession with the intent to disseminate child pornography. After several months, a Middlesex County Grand Jury returned indictments against JB and the case was moved to the Middlesex Superior Court. JB faced two counts of possession of child pornography and one count of possession with the intent to disseminate child pornography. The third indictment carried a minimum sentence of ten years in state prison. In total, JB faced thirty years in prison. JB hired Lewin & Lewin to defend him in the case. Attorney Joshua Lewin plea bargained with the Assistant District Attorney handling the case. They could not come to an agreement on a recommended sentence if JB pleaded guilty. Attorney Lewin requested a conference with the Judge to discuss a potential plea deal. After a lengthy conference, Attorney Lewin convinced the Judge to sentence JB to a term of probation without any prison time. With probation on the table, on February 15, 2012 JB decided to plead guilty and was sentenced to four years of probation. Sometimes in a criminal case, it is in the client’s best interests to plead guilty. The attorneys at Lewin & Lewin advise clients through that process and are very successful in getting clients the best possible deal. In this case, JB faced thirty years in state prison yet got off with just four years of probation.

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DK and LL had been in a relationship for several years and lived together at DK’s house. The relationship was good, except that LL had a big problem with DK’s ex-wife. On a beautiful spring day, the pair decided to take DK’s motorcycle for a nice day-long ride. They had a wonderful day together and returned home. That’s when trouble began. DK’s ex-wife called and began arguing with DK. LL was not happy with the manner in which DK handled the telephone, got angry with DK and began drinking. Within a matter of minutes, LL’s demeanor changed significantly, she became angry, intoxicated, and was yelling and screaming at DK. The pair separated–DK stayed downstairs and LL went upstairs. Eventually, DK went upstairs to go to bed. LL was not in the bedroom and DK crawled into bed and turned out the lights. Soon thereafter, LL approached and began yelling at DK and poking him in the back. She left the room and returned again shortly thereafter. As DK heard her walking towards him and then felt her hand touch his back again, he reached out with his arm to stop her. The next thing he heard was a loud crash. LL had fallen backwards and hit her head on a sharp marble fireplace next to the bed. There was blood all over the bed and the floor. LL ran into the bathroom, locked the door and called 911. The police quickly arrived at the house and arrested DK and charged him in the Malden District Court with domestic assault and battery. DK hired Attorney Joshua Lewin of the Law Firm of Lewin and Lewin to defend him against the charges. LL did not want DK to be prosecuted, but the Assistant District Attorney refused to drop the case and insisted that the case be prosecuted. DK and LL entered into an “Accord and Satisfaction”, which is a private civil agreement to settle the dispute without criminal charges. Such an agreement, however, requires that a Judge agree to dismiss the charges. In this case, there were photos of the crime scene showing substantial amounts of blood and a copy of the 911 call had been determined to be admissible in evidence. The Assistant District Attorney objected to the case being dismissed and the Judge indicated that his practice was to not dismiss these types of cases if the Assistant District Attorney objected. On January 24, 2012, the morning of trial, with all witnesses present in court, Attorney Lewin argued persuasively to the Judge that he should dismiss the case even though the Assistant District Attorney objected. There were lengthy arguments. Ultimately, Attorney Lewin persuaded the Judge to deviate from his practice and to dismiss the charges. The case was dismissed and DK walked out of Court without any penalties. There are many strategies for winning a domestic assault and battery case, including through the use of an ‘accord and satisfaction.’ The lawyers at Lewin and Lewin have a long track record of using these strategies to successfully defend their clients in assault and battery cases.

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On December 31, 2010, New Years Eve, after having a lobster dinner at home with his wife, GS decided to have a celebratory drink. His wife, however, did not like when GS drank at home. With drinking at home out of the question, GS decided to take a 40 oz. bottle of beer and to go for a ride. GS proceeded to drive around the towns of Reading and Stoneham, drinking his beer out of a red plastic cup. About forty-five minutes later, GS was pulled over by a Reading police officer. After approaching GS’s vehicle, the officer smelled the odor of alcohol, detected a slur in GS’s speech, observed GS’s eyes to be bloodshot and glassy, and noticed GS fumbling through papers while trying to locate his license and registration. The officer also noticed a plastic cup in the center console half-full with beer, as well as a 40oz. glass bottle of Busch beer on the floor. GS was ordered out his vehicle. He agreed to perform “field sobriety tests” – including trying to stand on one leg for thirty seconds and walking a straight line heel to toe. GS failed both tests miserably. He could not complete the one-legged stand for more than two seconds before falling to the side. He did not complete more than two steps of the heel-to-toe test before losing his balance. The officer arrested GS and brought him to the Reading police station, where he was video and audio recorded for nearly forty-five minutes. The Reading Police administered the breathalyzer test and GS’s blood alcohol reading was .06. GS was charged in the Woburn District Court with Operating Under the Influence of Alcohol (also commonly known as “Drunk Driving” or “DWI”) and two civil motor vehicle infractions. GS retained Attorney Joshua Lewin of the Law Firm of Lewin and Lewin to represent him. On January 19, 2012 the case went to trial and GS decided to have the case heard by a Judge alone and not a Jury. Two Reading Police officers testified against GS and the forty-five minute audio/video of GS was played for the Judge. Attorney Lewin aggressively cross-examined both officers and GS testified in his own defense. After closing arguments, the Judge returned a verdict of “Not Guilty” on the criminal charge of Operating Under the Influence of Alcohol (“OUI”). GS did not incur any criminal penalties as a result and did not lose his license even for one day. The lawyers at Lewin & Lewin vigorously represent clients in OUI cases and have an enviable record of not guilty verdicts in the cases that go to trial.

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