Massachusetts Criminal Lawyer Blog

December 24, 2021

Assault & Battery & Disturbing the Peace Charges Against a Veteran Avoided At Clerk-Magistrate Hearing

SS, a 40 year old Gulf War Veteran from NY State, came to Methuen for the funeral of a fellow veteran. SS and several other veterans arrived in Methuen on Friday, July 16, 2021. They all checked into a hotel and went out for dinner and some drinks. At 3:00 AM on Saturday, July 17, 2021 the police were dispatched to the parking lot of the hotel on the report of a man with a knife acting belligerently. The police arrived and saw SS attempting to fight one of his fellow veterans. The police attempted to deescalate the situation but SS did not respond to any of their requests. Ultimately the police were forced to taze SS and he fell to the ground.

The police spoke to SS’s fellow veterans who informed the police that SS suffered from PTSD. Rather than arrest SS, the police brought SS to Holy Family Hospital in Methuen. The police filed an application for a criminal complaint against SS for Assault & Battery and Disturbing the Peace at Lawrence District Court. The Application was set down for a hearing on Friday, October 1, 2021.

SS consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained a copy of SS’s DD-214 (Discharge Summary) and a copy of SS’s VA Determination of Disability. It was clear to Attorney Lewin that this episode was a direct result of SS’s PTSD. In addition, Attorney Lewin got confirmation that SS was in treatment at the VA. Attorney Lewin spoke with the police prosecutor and furnished the police prosecutor with copies of the documents that Attorney Lewin had obtained.

December 21, 2021

Open and Gross Lewdness Charge Dismissed

by Robert D. Lewin

In August 0f 2020, LC, a 61 year old self-employed contractor, received a summons to appear in Newburyport District Court to answer to a criminal complaint charging him with open and gross lewdness and indecent exposure. The complaint alleged that the offenses occurred on July 25, 2020. LC retained a lawyer and LC was arraigned on August 31, 2020. The case dragged on in court for a year and nothing seemed to be happening with the case. LC then consulted with Attorney Robert Lewin from Andover. Attorney Lewin saw that there were two big areas where the Defense could strike and potentially win the case – and win it quickly.

The police report indicated that a woman was driving south on I-95 from Maine through NH into Massachusetts. The woman told the state police that a man in a truck had been following her vehicle closely and at times would pull alongside her vehicle. She told the state police that the man was throwing her kisses. She then told the police that after she and the man crossed from NH into MA the man pulled alongside of her and was naked. She said he then raised his body and exposed his genitals to her and was masturbating. She said the man then pulled off I-95 into the Salisbury rest area. She got the license plate number of the vehicle and furnished it to the state police. The license plate came back to LC’s vehicle. The police were unable to make contact with LC, but charged him nevertheless.

Attorney Lewin explained to LC that nowhere in the police report does it state that the woman ever made an identification of LC as the person in the vehicle. Attorney Lewin pointed out to LC that the state had the burden of proving beyond a reasonable doubt that it was LC who exposed himself. It was NOT enough that it was LC’s vehicle. At a trial the state would have to prove that it was LC who was driving the vehicle and it was LC who exposed himself. There was another big issue. The woman said that the man pulled off at the Salisbury rest area. Attorney Lewin got out the maps of I-95 and showed that the exit ramp for the Salisbury rest area off I-95 South begins in NH, not in MA. The woman had told the state police that the masturbation and the exposure occurred before the man pulled off the highway. This means that NO crime was committed in MA.

December 19, 2021

Shoplifting Charge (Fourth Offense) Avoided

by Robert D. Lewin

On October 2, 2021, NS, a 38 year old alien (green card holder) from India was caught shoplifting in Macy’s in Saugus. Macy’s had her on video and actually had her on video on three prior occasions shoplifting in the store. The loss prevention officer escorted NS back to the security office and the Saugus Police were called. The Saugus Police took her information and did not arrest her; they told her she would receive a notice from the Lynn District Court.

NS and her husband began a search for a lawyer. NS and her husband consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained how lucky NS was that the police did not arrest her. They could have and then she would have been fingerprinted and she would have to appear before a Judge and a criminal record would have been created. Attorney Lewin immediately contacted the Saugus Police Prosecutor to request that the case be set up for a Clerk-Magistrate Hearing. This was done.

Attorney Lewin recognized that NS had a serious problem. NS completely lacked the ability to see the situation she was in. NS kept saying it was an accident and a mistake. Attorney Lewin pointed out that stealing merchandise four times from the same store was not an accident or mistake. On four different occasions NS had gone into the store with the intention to steal; she had picked up merchandise, placed it into a bag, then hidden the merchandise under other items in the bag, and then walked out of the store without paying. Those were all intentional acts that required planning and execution. Attorney Lewin explained to NS and her husband that if Attorney Lewin tried to sell her behavior to the police prosecutor and the Clerk-Magistrate as an “accident or mistake” that the police would not cooperate nor would the Clerk-Magistrate.

December 19, 2021

Operating Under the Influence Trial – NOT Guilty

by Robert D. Lewin

On the Friday after Thanksgiving 2020, SP, a 32 year old electrical engineer from Dorchester, and his girlfriend spent the day visiting with family and friends. The last stop was with family in Haverhill where they visited from about 7:00 pm to 11:00 pm. They left the house in Haverhill and headed back toward Boston. SP was driving and his girlfriend, who had had quite a bit to drink, quickly fell asleep. As SP was driving down I-93 South a State Police Officer was at the side of the road operating a lidar speed gun. SP was timed at 81 mph. The trooper began a pursuit and got behind SP and put on his blue lights. SP moved from the left lane across the middle lane to the right lane. According to the Trooper SP hesitated and finally pulled into the breakdown lane and stopped. According to the Trooper SP had traveled 1/2 mile after being signaled to stop before finally coming to a stop.

The Trooper then approached the passenger side of the vehicle and immediately observed an open 12 pack of White Claw alcoholic seltzer on the floor of the front passenger seat and he noticed an open 12 oz. can of Seltzer leaning against the center console on the passenger side. The passenger was sleeping but awoke when the trooper knocked his flashlight against the window and shined the light inside the car. SP put the passenger window down and the Trooper immediately noticed a strong odor of liquor coming form the car. According to the Trooper SP’s “eyes were glassy and red and he spoke with a thick tongue in a very slow demeanor as if he was heavily contemplating his response prior to answering any questions”. When the Trooper asked SP where they were coming from the Trooper wrote in his report that SP “looked at me with a blank stare on his face”. The Trooper asked SP to step from the vehicle and according to the Trooper SP stated “What if I don’t?” The Trooper then opened the car door and SP got out. According to the Trooper SP was unsteady and lethargic as he walked. The Trooper placed SP under arrest and placed him in the back of the police cruiser. Upon arrival at the State Police Barracks in Andover, SP was removed from the police car and brought up the flight of stairs to the rear entrance into the station. According to the Trooper as SP climbed the stairs he bounced “his left shoulder off the wall for balance near the top of the staircase”. SP was then booked, fingerprinted, refused the breath test, and was subsequently released. His girlfriend had also been brought to the barracks. She called her parents (in Mendon, MA!) who drove up to Andover to post the $40 bail and pick up their daughter and SP. They all left the station.

SP went to Lawrence District Court the following Monday where he was arraigned and his case was continued for a pre-trial hearing. SP sought out a lawyer. SP met with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately filed a Motion for copies of all recordings made by the police – all body cams, all dash cams, and all videos from the police station. There were no body cams and there were no dash cams. But there was a video from the booking room. The booking room video was an hour and eight minutes long. It was silent; no sound. It began when SP entered the booking room from the top of the stairs and it ends with SP leaving the booking room to exit the station. Attorney Lewin watched and studied the video. It was EXCELLENT. When SP stood and walked there was NO unsteadiness. He sat – in words that Attorney Lewin used during the trial – like a Sphinx. He did not fidget or sway or move. Attorney Lewin also interviewed SP’s girlfriend’s parents as they would be witnesses during the trial. Due to there not being any jury trials due to covid, the trial weas delayed, but finally took place on December 15, 2021 in Courtroom 5 in Lawrence District Court. In the week leading up to the trial Attorney Lewin had two trial prep sessions with SP and his girlfriend (via zoom) and one trial prep session with SP’s girlfriend’s parents. Attorney Lewin practiced with all of them and advised them of the types of questions they would be asked by the DA. This avoids any surprises.

December 12, 2021

Forgery, Uttering, and Larceny Charges Avoided

by Robert D. Lewin

MS, a 47 year old female immigrant from Haiti, received a Notice of a Clerk-Magistrate Hearing from Chelsea District Court. The Chelsea Police had applied for a criminal complaint against MS for two counts of Forgery (checks), two counts of Uttering, and two counts of Larceny By False Pretenses. All six counts are felonies and all of the charges could lead to deportation. MS had absolutely no idea what the charges were about.

MS consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately went to Chelsea Court and obtained copies of the Application for Criminal Complaint and the underlying police report. The police had received information from a bank investigator that an account holder at the bank had noticed a series of debits in her bank account for checks that she had not written. The checks were forged. Two of the forged checks had been made payable to MS and had been deposited in MS’s account at the bank.

The police applied for a criminal complaint against MS. It turns out that MS had in fact opened a joint bank account with her son, who was a minor at the time. Some months after opening the account, the two large checks made payable to MS were deposited into the account. The checks were in fact forgeries. Attorney Lewin contacted the bank investigator and asked for documentation showing that MS’s bank account was in fact a joint account. The bank investigator furnished the documentation to Attorney Lewin. Attorney Lewin also asked for the documentation showing how the account was opened. The Account opening documents show signature cards for both MS and her son and the initial deposit was a work check from MS’s son’s employment. The two large forged checks that were deposited were made out to MS; however, they were deposited remotely online so there was no surveillance photos or videos to show who made the deposit.

December 12, 2021

Nurse Charged With Larceny From A Disabled Patient Found NOT Guilty After 2-Day Jury Trial

by Robert D. Lewin

DC, a male nurse in his mid thirties, was employed at an agency that provides care for disabled adults. Care is provided in the patients’ homes and patients are also brought to a center where there are day activities for them. DC began caring for Paul (not the patient’s real name) in 2014. Paul suffered from Klumpke paralysis and had virtually no use of his hands and arms and also suffered from some mental disabilities. DC had earned a Bachelors Degree in Nursing and from his earnings as a nurse supported himself, his wife, and two very young children. Paul had a can in his bedroom in which he kept cash. In July of 2019 Paul reported to his father that he (Paul) had witnessed DC reach in to the can and remove $1,200.00 in cash from the can which Paul said DC then put in his pocket. Paul’s father reported this to the Police. The police came out to Paul’s house and interviewed Paul. The interview was recorded. Paul told the police in that interview that the theft had occurred during the previous Fall (i.e. the Fall of 2018) and that DC had taken the money and purchased a wood stove with it.

The police went to Newburyport District Court and took out a criminal complaint against DC for Larceny Over $250 from a Disabled Person. (The statute has now been changed from $250 to $1,200). The charge is a felony and a conviction would cost DC his Registration as a Nurse and a conviction certainly would have meant jail. DC consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained to DC that the case would take a great deal of preparation and would require a jury trial. There were a number of witnesses who had to be interviewed. Attorney Lewin’s investigator (a retired Chief of Police and former president of the Massachusetts Association of Private Investigators) did yeoman’s work in locating the witnesses and getting statements from the witnesses that would prove very helpful at the trial. DC provided Attorney Lewin with hundreds of pages of text messages between DC and Paul over a period of 3 years. Never once in those three years of text messages did Paul ever mention anything about DC stealing money. DC provided Attorney Lewin with twelve months of voice messages left by Paul on DC’s phone. Never once in any of those voice messages did Paul ever mention anything about DC stealing money. (Attorney Lewin has been practicing criminal law since 1971 and no client has worked as hard as DC did in helping to prepare his defense.) With Covid-19 it took 20 months to get a trial date. On May 4, 2021 a trial date of October 9, 2021 was set. That date got pushed back to November 9, 2021. In the weeks leading up to the trial Attorney Lewin and DC spent hours and hours preparing for the trial. Attorney Lewin interviewed and re-interviewed DC and his wife to prepare them for testifying in court. All of the recordings of the voice messages were readied to be played for the jury. All of the text messages were transcribed.

On November 9, 2021 all the parties appeared at Court ready for trial. A Jury was empaneled. The trial began. Paul and his father and the lead police investigator testified for the Commonwealth. Attorney Lewin called DC’s two supervisors, a co-worker who also had treated Paul, DC’s wife and then DC himself. DC was the last witness and his testimony finished at about 4:00 PM on November 9. On November 10, 2021 the parties all returned to Court. Attorney Lewin made a very forceful closing argument for a not guilty verdict. The Assistant District Attorney made a forceful closing argument for conviction. The Judge gave the jury their instructions and the Jurors went to the jury room to deliberate at about 11:30 AM. At 1:00 PM the court recessed for lunch. At 2:00 PM when all parties returned from lunch the Court Officer informed the Court that the Jury had reached a verdict. The jurors filed into the Courtroom. The Clerk instructed DC to stand. DC stood and the Clerk asked the foreperson of the Jury: “Madame foreperson has the jury reached a verdict.” The foreperson answered “Yes” The Clerk asked: “What say you, is the Defendant Guilty or Not Guilty of Larceny over $250 from a Disabled Person?”. The foreperson answered: “NOT guilty”

December 11, 2021

Warrant Cleared – Case Dismissed

by Robert D. Lewin

In 2015 , AS, then 55 years old, was convicted of Assault and Battery with a Dangerous Weapon (a felony) and Assault and Battery on a Household Member, Subsequent Offense in Haverhill District Court. He was sentenced to 22 months in the House of Correction in Middleton. AS served his time and upon release from the House of Correction he immediately moved to South Carolina. Because he was convicted of a felony, Massachusetts law required that he give a DNA Sample. AS never gave a DNA sample. In 2021, the South Carolina Department of Motor Vehicles informed AS that they would not renew his license because he had an outstanding warrant in Massachusetts. AS contacted Massachusetts and learned that there was a warrant outstanding in Haverhill District Court on a criminal complaint for failing to give a DNA sample. AS consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin told AS that if they could arrange for AS to give a DNA sample in South Carolina for Massachusetts that Attorney Lewin may be able to get the warrant cleared and the criminal charge dismissed without AS having to come to MA.

Attorney Lewin immediately contacted the DNA lab at MA State Police Headquarters. Attorney Lewin also was able to determine the South Carolina State Agency in charge of DNA samples in the county where AS lived. Attorney Lewin was successful in getting the MA State Police Lab to send a DNA kit to the South Carolina DNA Agency. AS went in to the agency in South Carolina and gave the DNA sample and South Carolina then sent the DNA kit to MA. AS also had to pay the $110.00 DNA fee to MA. Attorney Lewin then obtained written confirmation that AS was now in full compliance with the DNA Law.

Attorney Lewin then prepared and filed in Haverhill District Court a Motion to Waive AS’s physical appearance in Court, cancel the warrant, and dismiss the case. On November 23, 2021 Attorney Lewin appeared in Haverhill District Court. AS was present on the zoom from South Carolina. Attorney Lewin had spoken with the Assistant District Attorney before the Court hearing and had given the Assistant DA a copy of the written confirmation that AS was in full compliance with the DNA law. When the case was called Attorney Lewin explained that AS was now in full compliance with the law. The Judge granted Attorney Lewin’s request that AS could appear by zoom. The Judge ordered the warrant cancelled and the case dismissed.

December 8, 2021

Another Hit & Run Charge Avoided

by Robert D. Lewin

On September 3, 2021, SA, a 34 year old certified nursing assistant from Methuen, was driving on Chelmsford Street in Methuen when she rear ended the car in front of her. She stopped for a moment and then fled the scene and drove home. The operator of the other vehicle was able to get the license plate number of SA’s car. The police responded to the accident scene and spoke to the driver of the vehicle that was struck and obtained from her the license plate number of SA’s car. The police ran the plate and learned SA’s address and then drove to SA’s home where they saw the car and spoke with SA. SA admitted her involvement and the police issued her a criminal citation for leaving the scene of a property damage accident. SA took the citation and brought it to Lawrence District Court to request a hearing. SA then looked for a lawyer and consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin contacted SA’s insurance company to make certain that the claim for the property damage to the other vehicle would be covered. Subsequently, Attorney Lewin obtained written confirmation from the insurance company that the claim would be paid. Attorney Lewin also spoke to the Methuen Police Prosecutor and advocated for the case to be settled at the Clerk-Magistrate hearing without a criminal complaint being issued against SA. On October 14, 2021 SA and Attorney Lewin appeared at Lawrence District Court for a Clerk-Magistrate Hearing. The Clerk-Magistrate was concerned that there was no input from the driver of the other car or her attorney. The Clerk-Magistrate suggested that he was willing to not issue a criminal complaint but wanted input from the driver of the other car or her attorney. The hearing was continued for a month. Attorney Lewin contacted the lawyer for the driver of the other car and was able to get a written statement from him that both he (the lawyer) and his client (the driver of the car that SA struck) had no objection to the Clerk-Magistrate NOT issuing a criminal complaint against SA.

On November 18, 2021 SA and Attorney Lewin appeared again at Lawrence District Court. Attorney Lewin presented the written confirmation from the Attorney for the other driver that they had no objection to the Clerk-Magistrate not issuing the complaint. The Clerk-Magistrate then DENIED the police application for the criminal complaint and the matter was dismissed.

December 5, 2021

Another Leaving the Scene Charge Avoided

by Robert D. Lewin

On September 24, 2020 MB, a 21 year old woman from Haverhill, was driving in Haverhill when she collided into another vehicle being driven on the road. The other driver stopped but MB panicked and left the scene of the accident without stopping. Unfiortunatedly for MB her front license plate had fallen off her car at the accident scene. The police responded to the accident scene, found the plate, ran the plate, and learned that the plate belonged to a vehicle registered to MB. The police then went to MB’s home and found MB’s car still warm and with fresh front end damage. The police went to the door and MB came to the door. MB at first told the police that the other driver had fled the scene and MB had placed the accident at a different location. When the police confronted MB that her license plate was found at the scene provided by the other driver MB confessed. The police issued MB a citation for leaving the scene of a property damage accident.

MB consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin made certain that the citation would be set up for a Clerk-Magistrate Hearing. A Clerk-Magistrate Hearing is an opportunity to settle the case before a criminal complaint is issued. Attorney Lewin contacted MB’s insurance company to make certain that the property damage claim filed by the other driver was paid. Attorney Lewin also spoke with the Haverhill Police Prosecutor and advocated with the prosecutor for NO criminal complaint to be issued against MB. MB was working full time as a CNA (certified nursing assistant) and she was attending a Community College to become a registered nurse. She had no criminal record and it was important to her to avoid being charged with a criminal offense.

On March 12, 2021 MB and Attorney Lewin appeared at Haverhill District Court for a Clerk-Magistrate Hearing. Attorney Lewin advocated for the Clerk-Magistrate to NOT issue a criminal complaint against MB. The Clerk-Magistrate then announced that he was going to continue the hearing for six months to September 10, 2021 and that if MB had no further law violations then the Clerk-Magistrate would deny the application for criminal complaint and NO criminal complaint would be issued against MB.

December 5, 2021

All’s Well That Ends Well

by Robert D. Lewin

On January 30, 2021 HB and her husband BB (40+ year marriage) got into a heated argument at their home in Salisbury. HB had been drinking and she threatened to stab her husband with a knife. BB grabbed a letter opener and threatened to retaliate with the letter opener. The argument moved from the bedroom down into the kitchen where HB grabbed a large kitchen knife and threatened to stab BB. HB (!) then called 911. The police responded. The police seized the two weapons and charged both husband and wife with Assault on a Household Member and the felony charge of Assault with a Dangerous Weapon.

HB and BB sought out a lawyer and contacted Attorney Robert Lewin from Andover. Attorney Lewin explained that it would not be wise for one lawyer to represent both husband and wife. HB (the wife) retained Attorney Lewin and Attorney Lewin referred BB (the husband) to another experienced criminal lawyer who also practices in Newburyport District Court with whom Attorney Lewin has a good working relationship.

Both HB and BB had made statements to the police that incriminated themselves and each other. Attorney Lewin met with the Assistant District Attorney prosecuting the case and advocated for the DA to agree to dismiss the case.