Massachusetts Criminal Lawyer Blog

July 24, 2022

Drug Trafficking Charge Favorably Resolved

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.

May 18, 2022

Unlicensed Operation Charge DISMISSED at Clerk-Magistrate Hearing

by Robert D. Lewin

AU, a 24 year old architect, moved from Wisconsin to North Reading, MA in early 2021. On December 10, 2021, AU was involved in an accident in Peabody. The police responded to the scene and AU produced his Wisconsin license. When the police asked how long he had been living in MA, AU responded that he had been in MA since the beginning of the year. The police cited AU for unlicensed operation. AU’s work involves certain security clearances and he could not afford to have a criminal record.

AU consulted with and retained Attorney Robert Lewin from Andover. AU immediately went to the Registry (RMV) and got a MA license. AU also immediately requested a Clerk-Magistrate hearing.

Attorney Lewin went over to the Peabody District Courthouse and met personally with the Peabody Police Prosecutor. Attorney Lewin showed the prosecutor that AU had obtained a MA license.

May 18, 2022

OUI Drugs DISMISSED

by Robert D. Lewin

On December 19, 2020 SK, a 31 year old mechanic and tow truck driver, drove to his girl-friend’s house in Essex, MA after finishing a 27 hour work shift in a snowstorm. When he arrived he saw that the driveway had not been plowed and there was a large “wall” of snow at the edge of the road blocking the driveway. He pulled his van across the road across the edge of the driveway (facing into oncoming traffic). He called a friend who was a plow operator to come plow the driveway. He then fell asleep with the van running. A police car on patrol happened along. The police stopped and went over to the Defendant’s van. The officer knocked on the window. SK did not wake up. The officer then banged on the door and SK still did not awake. The officer then shook the van and pounded on the door and SK finally awoke. According to the officer the van was in drive and started to pull forward. The officer was able to get the van to stop. According to the officer SK appeared under the influence of something. The officer did not smell any odor of alcohol. SK told the officer he was just waiting for the plow guy to plow the driveway. At this point SK’s “girlfriend” came out of the house and told the police she did not want SK in the house and that he was a Xanax user. The police ordered SK out of the van and had him perform certain tests. The officer described SK as disoriented with slurred speech and glassy eyes. The officer wrote in his report that SK failed the road side tests. The police arrested SK and charged him with OUI-Drugs. SK went to court and was appointed a lawyer. For 11 months the case languished in Court. Finally, in October of 2021, SK consulted with and retained Attorney Robert Lewin of Andover.

Attorney Lewin immediately went to work and obtained from the police the videos (the previous lawyer had not obtained the videos). There were no body worn camera videos but there was a dashcam video. That dashcam video was about 30 minutes long. For 29 minutes and 40 seconds it just was a fixed picture of the snow falling. The police could be seen walking about. SK could not be seen. In the final 20 seconds of the video, SK can be seen walking handcuffed to the side of a cruiser door and then getting into the cruiser. SK was perfect. He walked briskly. He stood straight. He walked straight. No weaving. No stumbling. No unsteadiness. He enters the cruiser (handcuffed behind his back) unaided and with no difficulty. That 20 seconds of video was a goldmine.

No blood tests had been taken of SK and he made no statements concerning the consumption of any drugs. No drugs were found on his person or in the van. In an OUI-Drugs case the Commonwealth must prove the particular drug that the Defendant had consumed. Attorney Lewin filed a Motion to compel the Commonwealth to specify the alleged drug. The Commonwealth, relying on the “girlfriend’s” statement alleged that SK was under the influence of Xanax.

January 20, 2022

Warrant Cancelled – Charges Dismissed – In Less Than Two Hours

by Robert D. Lewin

In May of 2021, AM, a 41 year old cleaner, got pulled over by the Methuen Police and was cited for Operating After Suspension, Operating an Uninsured and Unregistered Motor Vehicle, Wrongfully Attaching Plates, and Failing to Stop. AM changed addresses and never received the summons to go to Lawrence District Court and a warrant was issued for his arrest. AM forgot about the case and when he went to renew his license he was told he had a warrant in Lawrence District Court. AM became concerned that he would get picked up on the warrant and held. He sought out an attorney. AM spoke with and retained Attorney Robert Lewin from Andover.

AM wanted to go into court immediately to get the warrant cleared. On January 20, 2022 AM and Attorney Lewin went into Lawrence District Court at 8:30 AM. Attorney Lewin went into the Clerk-Magistrate’s Office and had the case put on the Court List for hearing that day. Attorney Lewin brought AM into the probation office where probation did an intake interview. Attorney Lewin then spoke with the Assistant District Attorney in charge of the Lawrence office. After speaking the with Assistant DA, an agreement was reached where all the charges would be dismissed on the payment of $300.00 in court costs.

Shortly before 10:00 AM the case was called. The Judge ordered the outstanding warrant cancelled. The Judge asked Attorney Lewin and the Assistant DA if the case could be resolved. Attorney Lewin told the Judge the parties had reached an agreement for the criminal charges to be dismissed upon the payment of $300 in Court Costs. The Judge adopted the agreement. So, less than 2 hours after AM and Attorney Lewin entered the courthouse the warrant was gone and the cases were dismissed.

January 17, 2022

Warrant Cleared – Case Dismissed – 2 Hours

by Robert D. Lewin

On October 6, 2020, JG, a 25 year old man from Brazil, was stopped by the Danvers Police and issued a citation for Unlicensed Operation of a Motor Vehicle. Her ignored the citation. He and his wife left the country and when they tried to return they were stopped at the Canadian Border and were denied entry back into the US. The reason: he had a warrant in Salem District Court for that unlicensed operation. JG called Salem District Court and was told he had to come back or he had to get a lawyer and see if the lawyer could resolve the case for him. JG spoke with Attorney Robert Lewin from Andover. On On Friday, December 31. 2021 JG paid Attorney Lewin’s legal fee by wire transfer from Canada. On the next business day, Monday, January 3, 2022 Attorney Lewin went over to Salem District Court to obtain all the court papers and speak with the DA’s Office. After reviewing the Court papers and the police report Attorney Lewin felt this was a case that could be settled immediately. Attorney Lewin requested that the case be sent into the Courtroom and the Clerk-Magistrate agreed and sent the case in to be heard by the Judge. Attorney Lewin spoke with the District Attorney who agreed to dismiss the case.

The case was called and Attorney Lewin explained to the Judge that his client was in Canada and could not get back into the US because of the warrant. Attorney Lewin explained to the Judge that the DA had agreed to dismiss the case. Attorney L:ewin requested that the dismissal be entered prior to arraignment. The Judge agreed and within two hours of Attorney Lewin’s arrival at the Court the case was called, the warrant was cancelled, and the case was dismissed prior to arraignment and JG never left his apartment in Canada!

When a case is dismissed prior to arraignment no criminal record is created and no entry is made in the statewide criminal offender record information (CORI) system. Needless to say JG was a happy client.

December 28, 2021

Three Counts of Assault & Battery Dismissed

by Robert D. Lewin

MU is a 27 year old female who was living with her mother (age 62) and brother (age 25) in the family home in Andover. On February 28, 2021 the police were called to the house on the report of assaults by MU on both her mother and brother. The brother told the police that MU threw a full glass of water at him and attempted to kick him. According to the police report the Mother told the police that MU had been drinking and that MU “began kicking at her (the mother) and pulling her hair, pulling clumps of hair out of her head.” The mother also told the police that MU kicked at the Mother and the brother and also had bitten them. The policed observed the clumps of hair that had been pulled out and observed bruises and bite marks on the brother and mother. The policed arrested MU and she was charged with Assault & Battery on a person over age 60 (a felony) and two additional counts of Assault & Battery.

MU consulted with and retained Attorney Robert Lewin from Andover. MU’s version of the events was very different from the version of events given to the police by her mother and brother. It was clear to Attorney Lewin that MU had been the victim of an attack by her brother and mother. An application for a criminal complaint against the mother for assaulting MU was filed at Lawrence District Court. This “leveled the playing field”.

Attorney Lewin explained to MU that the only people who really win in criminal court are the lawyers because they are paid to be there and that it is in everyone else’s best interest to get out of criminal court as quickly and favorably as possible. Attorney Lewin explained to MU that everyone involved in this situation (MU, her mother, and her brother) had a right to remain silent and a right NOT to testify against each other. Attorney Lewin further explained that if everyone exercised their right to remain silent all the charges (against both MU and her mother) would have to be dismissed. MU said that worked for her as she had no interest in testifying against her mother and she wanted the charges against herself dismissed. Even though the brother had not been charged, he too had a right to refuse to testify against his sister as his testimony could tend to incriminate him in a crime (assault & battery on his sister). With all that in mind Attorney Lewin contacted the lawyer for the Mother and suggested that it was in MU’s best interest and the Mother’s best interest not to testify against one another. The Mother’s lawyer agreed.

December 27, 2021

Assault & Battery Charge On A Child Avoided At Clerk-Magistrate Hearing

by Robert D. Lewin

On November 5, 2020, LT, a 43 year old firefighter in a town north of Boston, was at home with his wife and two sons, ages 5 and 6. The five year old son has behavioral issues and throws tantrums when he does not get his way. The family had supper together and the LT’s wife was getting the two boys ready for bed. The five year old began demanding to eat more. His mother told him no and he had a meltdown. Her was kicking and screaming. LT then got off the couch and went over to the five year old. LT told this son to stop screaming and LT started to count 10, 9, 8 … The boy then stood up, stuck his face out toward LT, and screamed at LT. LT had his right hand extended and swept three fingers across his sons cheek striking the boy’s neckline and chin line. LT then picked his son up and carried him into his bedroom and placed him down on the bed. The sweep across the chin/neck area had left very visible and distinct red marks on the five year old’s neck.

The next morning, with the red marks very visible, the five year old went to school. A teacher noticed the marks and asked the five year old what happened and he told the teacher that his father had hit him the night before. The teacher – being a mandated reporter- immediately called DCF and the police. DCF and the police went to LT’s home to investigate and they confirmed that what the boy told them was true.

The police contacted LT and asked him to come to the station. LT was interviewed at the station by the police and DCF and he admitted to striking his son. DCF opened an abuse case against LT and the police filed an application for a criminal complaint against LT at Lowell District Court. DCF told LT and his wife that LT could not be left alone with the boys or DCF would go to court to seek custody of the boys.