Massachusetts Criminal Lawyer Blog

October 4, 2022

Failure To Register As A Sex Offender Charge To Be Dismissed

In 1987 SN was convicted in NH of Aggravated Sexual Assault of a Minor. He was given probation. In 1999 he was convicted again of aggravated sexual assault of a minor and was sentenced to 9-18 years in NH State Prison. He served his time, was paroled, and successfully completed his parole. He was living in NH and was fully registered under the NH Sex Offender Registration Law. SN’s wife founded and opened a church in Massachusetts in a town in Essex County. SN would come down from NH to preach at the church on Sundays. He did this on a volunteer basis without any pay. A private citizen did some research on SN and discovered that he was a convicted sex offender in NH. In July of 2022 she notified the local police.

The local police confirmed his two convictions in NH for sex offenses and they confirmed that he was registered as a sex offender in NH. They confirmed with the Massachusetts SORB (Sex Offender Registry Board) that he was not registered in Massachusetts. Massachusetts Law requires that if you live in MA or if you are employed in MA or if you go to school on MA and if you are a convicted sex offender (in any state) then you must register in MA. The police called SN in for an interrogation. The police asked about his position at the church. He said he was a pastor at the church and came down on Sundays to preach – something he enjoyed doing and for which he received no compensation. The police charged SN with Failing to Register in Haverhill District Court.

The statute reads as follows: ” ..a sex offender residing or working in the commonwealth or working at or attending an institution of higher learning in the commonwealth, shall … register”. The legal question raised in SN’s case is: :Does doing volunteer preaching without pay constitute working? At first blush, most people would say that in order to be considered “working” one must get paid. The Sex Offender Registration Statute, however, and the Code of Massachusetts Regulations defines work as “employment … whether compensated or uncompensated“.

September 27, 2022

OPEN AND GROSS LEWDNESS CHARGE DISMISSED

by Robert D. Lewin

You could not make this one up. On April 10, 2022 a husband and wife were driving a large tractor trailer truck south on I-495 in Haverhill. The wife was driving and her husband was sitting next to her. The wife noticed a car pull along side the truck on the driver’s side. The wife looked over and saw what appeared to be a woman, wearing a skirt, touching herself over her skirt and her breasts were fully exposed. The woman told her husband and her husband got out his cell phone and took a video of the woman fondling her breasts and touching herself over her skirt. The car ultimately passed the truck and the husband got a photo of the car and its license plate. The couple called the state police and told the police what happened and gave the police the plate number of the car. The State Police ran the plate and discovered the car was registered in Haverhill. The police went to the Haverhill address and the car was there and the engine was still warm. The police knocked on the door and MN came to the door. MN was a 44 year old male. The police asked MN if he was alone. He said yes. The police asked if there was a woman in the house. He said no. The police asked if anyone had driven his car that night and MN said no. The police asked MN if he had driven the car earlier and he said yes. The police left.

Shortly thereafter the husband and wife who had been in the truck sent to the State Police the video that they had taken. The police obtained a criminal complaint against MN for open and gross lewdness in Haverhill District Court. MN consulted with and retained Attorney Robert Lewin from Andover, MA. Attorney Lewin has an enviable record of successfully defending all types of sex offenses.

On August 3, 2022 MN was arraigned. Following his arraignment Attorney Lewin prepared and filed a Motion to Dismiss the case. In order to prove the crime of Open & Gross Lewdness the first element of the crime that the state must prove is that the accused “exposed his or her, genitals, buttocks, or female breasts” to one or more persons. That is exactly what the law requires the state to prove as the first element of the crime. In this case, however, there was NO evidence that MN exposed his genitals. There was NO evidence that MN exposed his buttocks. Male breasts are not included, only female breasts. A female is generally defined as “the sex which conceives and give birth to young”. MN is a male and has no ability to either conceive or give birth to young. Attorney Lewin set this all out in his Motion to Dismiss the case.

September 20, 2022

HEAD ON CRASH – HIT AND RUN CHARGE TO BE DISMISSED

by Robert D. Lewin

On January 11, 2022, DC, a 23 year old laborer from Methuen, was driving home in his large pick-up truck. He drifted across the road and collided head on into a small car headed in the opposite direction. DC did not stop but kept on driving towards his home. DC pulled into the parking lot of the apartment complex where he lived. Within minutes the police arrived. DC admitted that he had hit the other vehicle and fled the scene. The police cited DC for a marked lanes violation and leaving the scene of a property damage accident. DC met with and retained Attorney Robert Lewin from Andover to represent him.

Attorney Lewin contacted DC’s insurance company to make certain that the insurance company promptly paid any claims made by the owner of the other vehicle (a young woman). Attorney Lewin met with the Assistant District Attorney to negotiate a settlement of the case. DC did not want to lose his license. If the case were to end up with a guilty finding DC would have lost his license for a minimum of 60 days. Attorney Lewin was successful in getting the District Attorney to agree to continue the case without a finding for six months; a continuance without a finding would NOT involve any loss of license.

On June 14, 2022 DC and Attorney Lewin appeared in Lawrence District Court. The Judge after hearing from the Assistant District Attorney and Attorney Lewin agreed to continue DC’s case without a finding for six months to December 14, 2022. As long as DC stays out of trouble for those six months, the case will be dismissed on December 14, 2022 and DC will NOT suffer any loss of his license. In addition, because Attorney Lewin had contacted the insurance company early on, Attorney Lewin was able to furnish the District Attorney and the judge with proof that DC’s insurance company had fully paid for the damage to the other vehicle; as a result, the Judge ordered that DC did NIOT have to pay any restitution.

September 15, 2022

DUI Liquor – Newburyport District Court – NOT Guilty After Trial

by Robert D. Lewin

On September 22, 2021, EC, a 33 year old Registered Nurse, attended an evening concert at the Hampton Beach Casino. Over the span of about 4 hours she had two drinks. At about 1:30 AM on the morning of September 23, 2021, she left the concert, got into her car, and headed home to Cambridge. She was very low on gas and sought the nearest gas station on her GPS. The GPS directed her down Route 1 South to a gas station. When she arrived the station was closed. Her GPS then directed her to a gas station further down Route 1 South. She came to the intersection of Route 1 and Route 133 by the Agawam Diner in Rowley and her car ran out of gas. EC got on her cell phone and called AAA. While she was on the phone with AAA the Rowley Police arrived on scene. Everything thereafter was captured on the bodycam and dashcam videos. The police pushed EC’s car off the highway into the parking lot of the diner. The police could smell an odor of alcohol coming from EC and had her exit her car. A series of field sobriety tests were performed (all captured on the videos). The police arrested EC and she was transported to the station. In the station she was booked and the entire booking was captured on the video. On the morning of September 23, 2021, EC went to court, was arraigned, and her case was continued. EC contacted and retained Attorney Robert Lewin from Andover.

Attorney Lewin immediately obtained all the bodycam and dashcam and station videos. The videos were excellent and showed EC to stand straight and walk straight and talk perfectly. Attorney Lewin told EC that she should take her case to trial. While at the concert EC had bumped into a friend (who was also a nurse) and the two of them had spent the evening at the concert together. The friend would be a very good witness who could (and did) testify that EC was sober all evening and was sober when she left the concert. Attorney Lewin met (via zoom) with EC and her witness twice in the week leading up to the trial. EC and her witness were thoroughly prepared to testify and to answer any questions the DA may ask.

On April 26, 2022 EC, Attorney Lewin, and the witness appeared at Newburyport District Court for EC’s trial. Because the evidence of her innocence was so strong EC opted for a trial by Judge. The case proceeded to trial and the Judge found EC NOT guilty. As EC and Attorney Lewin were leaving the Newburyport District Courthouse, EC gave Attorney Lewin a big hug and thank you! It doesn’t get much better.

September 15, 2022

Violation of an Abuse Prevention Order – NOT Guilty

by Robert D. Lewin

JT, a 27 year old strikingly handsome black male, was in a romantic relationship with BN, a 36 year old very handsome white male. The two men looked as if they had come out of central casting for the bachelorette. JT broke off the relationship and BN did not take well to the break up. On May 24, 2021 BN went over to Newburyport District Court and obtained an “ex-parte” abuse prevention order against JT. An ex-parte order is an emergency order where the Judge hears only from the party seeking the order. The person against whom the order is sought does not know of the proceedings and is not present. On that same day, the Methuen Police served the order on JT at his parents home in Methuen. On the next day, May 25, 2021, after work, JT drove up to Newburyport District Court just before it closed at 4:30 and obtained a copy of the the papers from the restraining order case. JT then returned home arriving home shortly after 5:00 PM. JT remained at home the rest of the evening. At about 7:45 pm that same evening the police showed up at JT’s house and arrested him for violating the abuse prevention order that had been issued the day before. BN had claimed that JT was following him late that afternoon at a park in Boxford.

Unfortunately for BN, but fortunately for JT, JT’s cell phone tracks his whereabouts. The GPS trazcking data showed that JT had driven from Methuen to Newburyport and then from Newburyport back to Methuen with no side trips to Boxford. The GPS tracking data also showed that JT was in his home thereafter and did not leave and did not go to Boxford.

JT had hired a lawyer (not Attorney Lewin) and his case just sat. The communication between JT and the other lawyer was not good. Finally, JT sought out new counsel. JT met with and retained Attorney Robert Lewin from Andover. Attorney Lewin thoroughly reviewed and organized all the GPS data. Attorney Lewin thoroughly reviewed all the factual details with JT. Attorney Lewin interviewed JT’s family members who could testify that he was at home that evening.

September 15, 2022

Assault & Battery on an Elderly Person Charge Avoided

by Robert D. Lewin

DM, an 80 year old male resident at an elderly housing facility in Haverhill was accused of assaulting DI, a 72 year old female resident at the same facility. DM was walking in the hallway of the facility and opened a window in the hallway to get some fresh air into the hallway. DI, whose room was slightly down the hallway from the window, did not want the window open and closed the window. DI claimed that DM then choked her to get her away from the window which he then reopened. DI went to her room and called 911. The police responded to the facility and interviewed both parties. DM denied choking DI. DM told the police that DI had assaulted him. DM did tell the police that after DI closed the window he reopened the window purposely to aggravate DI. The police filed an application for a criminal complaint against DM at Haverhill District Court seeking a complaint of Assault & Battery on an Elderly Person. DM has a daughter who assists DM with his affairs. DM’s daughter contacted Attorney Robert Lewin from Andover. Attorney Lewin set up a zoom conference with DM and his daughter and took a complete statement of the facts from DM and thoroughly discussed the case with them. DM and his daughter retained Attorney Lewin.

DM’s daughter and DM himself were both extremely helpful to Attorney Lewin in preparing a defense to the charge. DM’s daughter furnished Attorney Lewin with photographs of the window and hallway and of DM (and his walker). These photographs would prove to be very helpful later. DM himself furnished Attorney Lewin with his medical records showing that DM had only a 2% use of his right hand and a 22% use of his left hand making it almost impossible for DM to have “choked” DI. In addition DI had been involved in two similar incidents in which DI had exhibited aggressive behavior toward another resident. Attorney Lewin was able to secure the paperwork on those prior incidents.

On September 14, 2022 all the parties appeared via zoom for a Clerk-Magistrate Hearing before the Clerk-Magistrate at Haverhill District Court. Present on the zoom were Attorney Lewin, DM, DM’s daughter, the Haverhill Police Prosecutor, DI, and DI’s sister. Attorney Lewin presented (electronically) to the Clerk-Magistrate the photographs of the window, the hallway, and of DM himself with his walker. Attorney Lewin also presented to the Clerk-Magistrate DM’s medical records showing his disability. Attorney Lewin also presented to the Clerk-Magistrate the incident reports showing that DI herself had on prior occasions acted belligerently towards another resident at the facility.

July 24, 2022

Drug Trafficking Charge Favorably Resolved

by Robert D. Lewin

On March 3, 2018, SS, a then NH resident was arrested by the Methuen Police after they observed SS engage in a drug transaction. At the time of his arrest SS had 22.8 grams of fentanyl and 7.3 grams of crack cocaine on his person. He was charged with Trafficking Fentanyl (more than 10 grams) and Possession of Class B (the crack cocaine). The trafficking charge carried a state prison sentence of up to 20 years. The Lawrence District Court appointed a lawyer to represent SS. The DA’s Office did not want to take the case to Superior Court so the DA reduced the Trafficking charge to Possession with Intent to Distribute. SS insisted the drugs were for his own personal use. The DA would not agree to reduce the charge. SS went on the run for three years; however, he made good use of the three years. SS moved to Florida and went into a residential drug treatment program. He spent one full year in the program and came out of the program completely drug free. And he got himself a good job. In September 2021, SS returned to court. The warrant against him was recalled and he proceeded ahead with the court appointed lawyer. The DA would not agree to reduce the fentanyl charge to simple possession. The case lingered in court.

Finally in June of 2022, SS met with (via zoom) and retained Attorney Robert Lewin from Andover.

Attorney Lewin explained to SS that he had two choices: (1) He could take the case to trial or (2) He could plead guilty. Attorney explained that if SS went to trial, SS would clearly be found guilty of Possession of Fentanyl and Possession of the Crack Cocaine. Attorney Lewin felt that the chances were good that SS would not be found guilty of the “intent to distribute” portion of the charge. If he went to trial he would have to live with convictions on the two possession charges. Attorney Lewin further explained to SS that if SS pleaded to the two charges there was a good chance that the two charges could be “continued without a finding” and then dismissed. SS chose to plead to the two charges.

July 24, 2022

Strangulation and Domestic Assault & Battery Charges DISMISSED

by Robert D. Lewin

CC, a 42 year old disc jockey, lived with his girl friend in his condo in North Andover. On February 3, 2022 CC and his girlfriend got into an argument. They each accused the other of texting romantically with other people. The girlfriend went nuts. She threw CC’s iPhone off the third floor balcony of the condo . She attacked CC. CC got out his cell phone and began to record his girlfriend which aggravated her even more. Finally the girlfriend called 911. The police arrived. She told them he had strangled her. He got arrested. The next morning he was brought to Lawrence District Court and was ordered held without bail. His lawyer at the time appealed the bail to Superior Court. In the Superior Court he was released to 24 hour lockdown at his home on GPS. Inexplicably, the lawyer originally representing CC at his arraignment and bail hearings never showed the Court the videos that CC had. The lawyer was aware of the videos and had seen them, but he never played them at either of CC’s bail hearings. Had he shown them to the Judges it is very likely that CC would never have been confined to his home for 3 months.CC searched for a new lawyer. CC contacted Attorney Robert Lewin from Andover. Because CC could not leave his house, Attorney Lewin went to CC’s condo in North Andover. CC liked what he saw in Attorney Lewin and retained Attorney Lewin.

Attorney Lewin reviewed the videos that CC had captured on his iPhone. They were terrific. The videos showed the girlfriend attacking CC and he kept telling her to stop and to leave. The videos also captured the girlfriend’s 911 call to the police in which she never says that he strangled her. In court discovery, Attorney Lewin furnished copies of the videos to the DA. The case was set down for trial on May 20, 2022. CC and Attorney Lewin had had two lengthy trial prep sessions in the week leading up to the trial. On May 20, 2022 Attorney Lewin and CC appeared at court ready for trial. Attorney Lewin informed the Judge that the girlfriend had committed several criminal offenses: Malicious Destruction of Property (smashing CC’s iPhone) and Assault & Battery (striking CC as shown on the video). The Judge appointed a lawyer to advise the girlfriend of her Fifth Amendment right not to incriminate herself. Attorney Lewin showed the court appointed lawyer the videos. Ultimately the girlfriend gave up and refused to testify. The charges against CC were dismissed; the GPS bracelet was removed; and he walked out of the Courthouse a free man.

CC and his family all gave Attorney Lewin a big hug! Trial preparation is critical to winning in criminal court.

June 30, 2022

Harassment Prevention Order Defeated

by Robert D. Lewin

UE, a 21 year old male college student, had worked with ND, a female in her mid-twenties, for a number of summers. In the summer of 2021 UE was let go from his work due to a poor performance review he had been given by ND. That poor performance review festered in UE’s mind for almost a year. In May of 2022 UE began sending ND and her superiors at the place of work a disturbing barrage of angry text messages. The messages threatened to accuse ND and her superiors of various crimes. The messages referred to ND using the “C” word and were laced with profanity. ND went to court and obtained an emergency harassment prevention order against UE. The order was served on UE and was scheduled for a hearing in Haverhill District Court on June 30, 2022.

UE’s parents contacted Attorney Robert Lewin from Andover. Attorney Lewin met with UE and his parents via zoom. UE’s parents retained Attorney Lewin. UE sent Attorney Lewin all the text messages that he had sent to ND and her superiors. The texts were disturbing; but Attorney Lewin noticed that the texts did not contain any threats to physically harm ND or to physically harm her property. Attorney Lewin explained to UE and his parents that the Supreme Judicial Court of Massachusetts had ruled that in order to grant an harassment prevention order based on fear, the person seeking the order must prove that they had been placed in fear of physical harm or fear of physical damage to property.

On June 30, 2022 (only four days after being retained) Attorney Lewin and UE and his parents appeared in Haverhill District Court. ND was also present. The case was called and ND got up and told the Judge about all the messages and gave the Judge a folder of all the text messages printed out. The Judge read the messages. The Judge turned to Attorney Lewin and asked if Attorney Lewin wanted to question ND. Attorney Lewin responded “I have just two questions”. Attorney Lewin turned toward ND and asked her if UE had ever threatened to cause her physical harm,. ND replied no. Attorney Lewin asked her if UE had ever threatened to physically harm her property. ND replied no.

May 18, 2022

Possession of Heroin -NO Complaint Issued

by Robert D. Lewin

On February 17, 2022, AZ (not the person’s real initials), a 29 year old carpenter foreman for a large construction company, drove to Andover to purchase heroin. He drove to the parking lot of a popular business off Route 93 – a parking lot that is well known to the Andover PD and the State Police as a place where drug transactions are often completed. AZ, then having spoken to his supplier on the phone, drove to a large apartment complex (in Andover) and purchased a small quantity of heroin. AZ then returned to the parking lot (!) and prepared to ingest (by snorting). A plain clothes police officer observed all of AZ’s comings and goings. The officer had actually followed AZ from the parking lot to the apartment complex and then back to the parking lot. The officer then approached the passenger side and looked in (NOT illegal). The Officer saw AZ looking down at his knees. The police report reads: “I observed in plain view, AZ holding a small cut orange straw and had a clear hard plastic object on his lap area that held a visible line of tan powder”. The police had conversation with AZ, seized the drugs, but sent AZ on his way and told him he would receive paperwork to go to court. Shortly thereafter, unbeknownst to AZ, the DEA came in and arrested AZ’s supplier at the apartment complex.

AZ had a prior arrest for Possession of Heroin in NH and could not afford a conviction here in MA.

AZ consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained to AZ that Attorney Lewin would take care of the case and that it was AZ’s job to get off the Heroin. AZ sought out a counselor for depression and went cold turkey getting off the Heroin. Attorney Lewin advocated on AZ’s behalf with the Andover PD.