Massachusetts Criminal Lawyer BlogOn January 15, 2010 the Tewksbury Police were doing an undercover surveillance at a parking lot of a large store in Tewksbury just off Route 495. They observed one vehicle parked in the parking lot away from any other vehicles and away from the store. A second vehicle entered the parking lot and parked in the space next to the first. The two drivers exited the two cars and the police observed what appeared to be a drug transaction take place. The two men then headed back to their respective cars. The police approached the two men and after some discussion it was determined that the driver of the second car (initials SR) had delivered a forty bag of heroin to the driver of the first car. SR was charged with Distribution of Heroin (Class A) and Conspiracy to Violate the Controlled Substance Law. The Distribution Charge carries a maximum sentence of 10 years in the State Prison; the Conspiracy charge carries the same maximum penalty. In addition a conviction (finding of guilty) to the charge of Distribution carries a mandatory 3 year loss of driving license (with the right to apply for a hardship license after 18 months). Attorney Lewin was retained and began discussing the case with the Assistant Distrrict Attorney; calls were also made to the police. Without SR becoming an informant Attorney Lewin was able to negotiate a settlement of the case. On May 27, 2010, the Conspiracy charge was dismissed and the Distribution charge was continued without a finding. Because there was no conviction SR did not lose his license. At the end of the period of the continuance without a finding the Distribution charge will be dismissed.
DOMESTIC BLISS?
On April 17, 2010, MC, a stunning woman of 40 years (she looks like age 25) became very upset with her 24 year old husband for his habit of visiting with and spending time the mother of his child (a woman other than MC). MC became enraged and proceeded to give him a good beating. When he said he was leaving (to go you know where) she said I’m calling 911 which she did. The police responded and after speaking with him and her arrested her and charged her with Domestic Assault and Battery. MC had a prior charge of Assault and Battery in 2009. The District Attorney did not want to let go of this case; however, Attorney Lewin prepared a Marital Affidavit for the Husband to sign. On May 26, 2010 the case was on the criminal pre-trial list in Malden District Court. At Attorney Lewin’s request the husband came to court and exercised his marital privilege. Attorney Lewin moved for dismissal and the case was ordered dismissed by the Judge. MC and her husband walked out of court arm in arm.
Drug Charges Dropped
JC, an 18 year old girl, was charged with Possession of A Class C Drug with Intent to Distribute and Conspiracy to Violate the Conrolled Substance Law. The charges arose out of an incident at the Square One Mall in Saugus. JC, who worked as a clerk at one of the stores at the mall, went to work and drove two male “friends” with her. She parked on the upper level of the parking lot and went to work. Her two male “friends” proceeded to begin selling drugs to “customers” at the mall. The two males would go back to JC’s car to remove the drugs and sell. them. After each sale they would return to the car to get more drugs. The drug operation was watched and video taped by mall security. The security officers called in the Saugus Police who confronted the two males and arrested them. The police searched JC’s car and found more drugs. While the police were searching JC’s car, JC came out into the parking lot on break. She saw her car being searched and confronted the police. She got arrested. Attorney Lewin secured the video tapes from Mall Security; the tapes showed that JC was not involved in any way with the drugs. Attorney Lewin was able to convince the DA that the drugs found in the car belonged to the two males and there was insufficient evidence connecting JC to the drugs or to any role in the distribution of the drugs. On May 11, 2010 the DA’s Office in Lynn District Court dismissed the drug charges against JC. The case took almost eight months to get resolved because the owner of the Mall resisted turining over the videos. Attorney Lewin persisted in obtaining a court order requiring the Mall owner to surrender the videos which they ultimately did.
Hit and Run Driver Gets Break
A 35 year old Chelsea man (EM) (a legal permanent resident alien) was involved in a two vehicle collison in Chelsea and fled the scene. The driver of the other vehicle got the plate number and a good look at the vehicle. A neighbor saw the collision and thought he recognized the driver. The police ran the plate and it came back to EM’s wife. The wife told the police that her husband had been operating the car. Based on the wife’s statement the police cited EM for leaving the scene of a property damage accident.Prior to trial Attorney Lewin prepared a marital affidavit for EM’s wife to sign wherein she exercised her marital privilege not to testify against her husband.She signed the affidavit and exercised her marital privilege and refused to testify against her husband. Under the Massachusetts rules of evidence her statement to the police that her husband had been driving was inadmissible at trial. On May 4, 2010 the DA’s Office agreed to dismiss the case prior to trial.
Another Domestic Assault Dismissed
A 58 year old Woburn mother was accused of assaulting her 32 year old daughter in Woburn District Court. The mother insisted she was simply trying to prevent her daughter from going to the home of the daughter’s child’s father, a useless bloke who pays no child support. The daughter told the police that as the daughter was leaving the house her mother grabbed the daughter’s pocketbook which the daughter had over her shoulder causing the daughter to hit the refrigerator and fall to the floor. The police report indicated that the mother was drunk. For years the Mother had put up with her daughter’s substance abuse and the Mother was the primary caretaker of the daughter’s child. The Mother’s frustration with her daughter was understandable. On the day of the pre-trial hearing the Mother indicated she just wanted to get the case over with and plead guilty. Attorney Lewin insisted that she not plead to the case as he felt that no jury would convict her. The case was continued for trial and on Friday, April 16, 2010 the District Attorney’s Office in Woburn District Court filed a nolle prosequi ending the case. A nolle prosequi is a termination of the prosecution of a criminal case by the Commonwealth; it is similar to a dismissal.
Thief or Innocent Mover
MD, a 52 year old man from Winchester, was accused of stealing his daughter’s roommate’s lap top computer. He was charged in Malden District Court with larceny over $250 (a felony). A conviction would have cost him his job. The police accused him of stealing the lap top from the victim’s apartment and then giving it to his daughter’s mother to sell. He absolutely denied any intent to steal and claimed that he had taken the computer in the mistaken belief that it belonged to his daughter. His daughter was moving out of the apartment and had enlisted the help of her father in moving her stuff out. He honestly believed that the lap top belonged to his daughter. In Massachusetts larceny requires proof of an intent to steal. The law in Massachusetts is that if you take another person’s property in an honest and reasonable belief that another person on whose behalf you are acting had a legal right to the property – even if that belief was in fact mistaken – then you are entitled to be found not guilty because you lacked an intent to steal. MD’s case was scheduled for jury trial on April 13, 2010. MD and Attorney Lewin appeared at Court ready for trial and the DA’s Office dismissed the case.
Domestic Assault With A Mouse
On April 8, 2010, BT, a 46 yearl old salesman, appeared in Lawrence District Court charged with Assault and Battery and Assault and Battery with a Dangerous Weapon (a computer mouse) on his 44 year old wife (who happened to be a lawyer). Mrs. T exercised her marital privilege and signed an affidavit that had been prepared by Attorney Lewin to the effect that she would not testify against her husband and that she wanted the case dismissed. Before April 8, Attorney Lewin put Mrs. T in touch with the victim/witness advocate from the DA’s Office so that the DA knew that she was not on board with the Commonwealth. After a brief hearing the case was ordered dismissed by the Judge in Lawrence at the pre-trial hearing. Although the DA’s Office often takes the position that they will not dismiss Domestic Assault and Battery cases at the pre-trial hearing, with proper preparation the DA can sometimes be convinced to dismiss at the pre-trial and not require everyone to return to court for a trial date.
Clearing Massachusetts Warrants
Two California Driver’s Get Lucky In Massachusetts
MP, a forty year old man, had default warrants outstanding in criminal cases in Lowell District Court, Somerville District Court, Chelsea District Court and Woburn District Court. The warrants dated back to 1989 and 1990 when MP lived in Massachusetts. In mid 1990 he moved to California leaving all the warrants outstanding in Massachusetts. In 1991 he was convicted of rape in California and then served 16 ½ years in prison in California. In 2008 he was released from prison and tried to get a California license. His driving privileges in Massachusetts had been revoked because of all the warrants. Attorney Lewin filed Motions in all the Massachusetts Courts where he had outstanding warrants to get the warrants cancelled and to get the criminal cases dismissed. Every warrant from each court was cancelled and all the criminal charges were dismissed. After tying up some loose ends at the Registry of Motor Vehicles, MP’s driving privileges in Massachusetts were reinstated on March 23, 2010 and he was then able to obtain a California license. MP never had to come to Massachusetts. Attorney Lewin was able to get all the cases resolved in his absence. MP is now driving around in his 1966 Chevrolet Super Sport!
JM, a fifty-eight year old chemical engineer, resides in California. In 1990 he came to Massachusetts to attend a course in Cambridge. While driving on Storrow Drive he was involved in a collision and did not stop. He was subsequently stopped by the State Police and issued a citation for Leaving the Scene of a Property Damage Accident. When his course in Cambridge was finished in he returned to California and never attended to the Leaving the Scene case. The case went into default status and a warrant issued against him. In 2009 JM went to renew his California license and California refused to renew it because of the outstanding warrant in Massachusetts. JM wrote to the Court (Charlestown District Court) and he called the Court and they told him he would have to come out to Massachusetts. JM retained Attorney Robert Lewin and within 28 days the warrant was recalled and the case was dismissed without JM having to come here. One trip to the Registry of Motor Vehicles cleared his Massachusetts Suspension and on March 25, 2010 California reinstated his driving privileges. JM is a happy camper.
Juvenile Delinquency/Youthful Offender Cases In Massachusetts Juvenile Courts
Juvenile Delinquency cases are criminal cases where the offender is under the age of seventeen at the time of the offense. Juveniles face the same types of penalties that adults do – the system just gives some of those penalties different names. Juveniles found “delinquent” (guilty) can be fined, placed on probation, given suspended sentences, or given committed sentences. A juvenile who is committed is sent to a “secure facility” within the Department of Youth Services. Make no mistake about it, a “secure facility” is a jail with locked doors and bars on the windows.
Juveniles who commit serious felonies involving serious harm or the threat of serious harm to others can be prosecuted as “youthful offenders“. Once the Juvenile Court determines that a juvenile is a youthful offender the court proceedings become public and the juvenile can be sentenced as if he/she were an adult. This can include a full adult state prison sentence.
2009 saw a spike in serious juvenile/youthful offender crime particularly in the Lowell and Lawrence areas. Attorney Lewin just finished a forcible rape case in Lowell Juvenile Court where a fifteen year old boy was accused of raping a five year old girl. The case was not a triable case as the boy had given a firm written detailed confession. The victim’s family asked the Judge to impose a lengthy adult prison sentence; the District Attorney asked for a committed sentence. With the assistance of two very favorable psychological evaluations and reports Attorney Lewin was able to convince the Judge to impose probation with no sex offender registration. 2009 also saw two successfully defended gun cases in Lowell Juvenile Court by Attorney Lewin and he is presently defending a 16 year old high school student on a charge of Attempted Murder by Strangulation in Lawrence Juvenile Court.
Arrest Warrants Can Create Havoc!
In Massachusetts there are two types of arrest warrants: Default Warrants and Straight Warrants.
A default warrant is issued when a person fails to appear in Court after having been given notice to appear; for example, a person is arrested for operating under the influence and is brought to a police station. The police call in a bail commissioner who sets cash bail. The person puts up the cash bail and signs a “recognizance” form. A “recognizance” form is a “promise to appear” in a specified court at a specified time on a specified date. The person then fails to appear in court on that specified date and the court issues a default warrant.