Massachusetts Criminal Lawyer Blog

December 12, 2021

Forgery, Uttering, and Larceny Charges Avoided

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.

October 31, 2021

Assault & Battery by Dangerous Weapon Charge Diverted in Juvenile Court

by Robert D. Lewin

On May 7, 2021, TN, a seventeen year old female student at an Essex County High School, got into an argument with another female student in the ladies bathroom at the school. The female student took out her cell phone and began recording TN at which point TN took her shod foot (a foot with a shoe on it) and kicked the student striking the hand with the phone. The incident occurred in the presence of witnesses and to a great extent was recorded by the other student. TN was charged with assault and battery by means of a dangerous weapon (s shod foot) and was summonsed to appear in Newburyport Juvenile Court. TN’s parents consulted with and hired Attorney Robert Lewin from Andover. The case was scheduled for an arraignment in Juvenile Court on June 2, 2021.

Essex County has a Juvenile Diversion Program which, in essence, allows a juvenile to avoid getting a record. Attorney Lewin immediately obtained a copy of the video and the police reports and reviewed these with TN and her parents. TN and her family agreed that if TN could get her case diverted it made great sense as the evidence was not “pretty”. Attorney Lewin contacted the director of the Juvenile Diversion program and after reviewing the case she agreed that TN would be a good candidate for diversion.

On June 2, 2021 TN’s case was called for arraignment in Newburyport Juvenile Court. The arraignment was NOT held. By agreement the case was continued to October 6, 2021 (4 months) to allow TN to complete the diversion program.

October 30, 2021

STABBING CASE DISMISSED

by Robert D. Lewin

On June 16, 2019 CT, a 59 year old single mother of two children (a son age 21 and a daughter age 16), went to bed after a night of considerable drinking. Both of her children were at home. She and the children live in Arlington. Her daughter had gone to bed around 10:30 the evening before and her son went to bed around 12:30 AM. CT went to bed at 1:30 AM. After going to sleep she was awakened – according to her – by a person on top of her “stabbing me repeatedly”. She pushed against the person who then fled her bedroom. She yelled out to her children and her son and daughter responded to her room. The daughter immediately called the police. CT was very blooded and the bedsheets were covered in blood. The police responded quickly. The police report reads as follows: “Directly in the room and on the bed was [CT] who was covered in blood. She was also holding a towel over her neck to apply pressure to the wound. She stated “I’ve been stabbed” When asked who did this she confidently stated “My son”. BT (the son) who was in the room when she said this, immediately denied this but there was no shock nor surprise in his voice. CT responded back “Well if not you then some man.” “

The police questioned BT and he steadfastly denied stabbing his mother. The police noticed two tiny cuts on BT, one on each hand that seemed to be superficial according to the police report. There was no blood on BT and there was no blood on his clothes, and no blood in his room.

Based on his Mother’s statement the police arrested BT and he was charged with Assault and Battery with a Dangerous Weapon (a 20 year felony). He was held at he station and brought to court the following day. Subsequently BT’s family searched for a lawyer. Attorney Robert Lewin from Andover was consulted and hired to defend BT. It was obvious to Attorney Lewin that the state could not prove that BT was the person who stabbed his mother. Attorney Lewin’s investigator (a retired Chief of Police and former president of the Massachusetts Private Investigators Association) took lengthy statements from the mother and from BT’s sister. The statements exonerated BT. The investigator suggested the possibility that the mother had self inflicted her injuries.

October 29, 2021

CHARGES OF ELDER ABUSE AND NEGLECT DISMISSED

by Robert D. Lewin

WS, a 68 year old lawyer from Essex County, had lived with his wife and mother-in-law. In 2018 his wife died of cancer and thereafter WS and his mother-in-law continued to live in WS’s home. In December of 2020 WS was accused of Assault & Battery on an Elderly Person for allegedly assaulting his mother-in-law, who was then age 82. The mother-in-law had been found walking outside on a frigid night by a neighbor and accused WS of mistreating her. WS was charged with Assault & Battery on an Elderly Person. WS sought out an attorney to represent him and consulted with and retained Attorney Robert Lewin from Andover to represent him. It turns out that Attorney Lewin had successfully represented WS’s wife prior to her death on a similar charge.

Attorney Lewin thoroughly reviewed the police reports and it was very clear that no Assault & Battery had occurred. The police had actually charged WS under the wrong criminal statute. The proper charge would have been a charge of Elder Abuse and Neglect by a Caretaker. Attorney Lewin filed a Motion to Dismiss the Assault & Battery charge. After a full hearing in Lawrence District Court, the Judge ordered the Assault & Battery charge dismissed.

Several months passed by and the police then applied for a new criminal complaint against WS for Elder Abuse and Neglect by a Caretaker. Again WS retained Attorney Lewin to defend him. Attorney Lewin thoroughly studied the case law under the Elder Abuse and Neglect law and was convinced that WS had not violated the law. On October 28, 2021 a Clerk-Magistrate Hearing was held at Lawrence District Court on the police application for the new criminal complaint. After a full hearing the Clerk-Magistrate found NO probable cause and denied the application for a criminal complaint.

August 22, 2021

DOMESTIC ASSAULT & BATTERY CHARGE DISMISSED

by Robert D. Lewin

JP is a 32 year old licensed insurance salesman for a large insurance company in Boston. It is a well paying job that requires that he be licensed by the State Department of Insurance. Any criminal offense on his record could cause him to be ineligible for state licensure and it could cause his employer to fire him. JP lives in Salem, MA with his wife and two children. JP’s mother and step-father had been living in JP’s house for two years. JP and his wife told JP’s mother and step-father that they (the mother and step-father) had to find another place to live as the house was too crowded and relations were getting strained. On May 4, 2021 a loud argument broke out between JP and his mother. The police were called to the house. In the 911 call, all that can be heard is loud yelling (in Portuguese) between a female and a male. The police arrived at the house and the yelling was still going on. The police separate everyone.

The police speak with JP’s mother who says that JP “grabbed both the left and right collars of her jacket and pulled her forward in a violent motion”. She also tells the police that “she then slapped JP back across the face in self-defense”. The police then speak to JP. At first JP told the police that he and his mother had had an argument when his mother slapped him across the face for no reason. When asked, JP denied touching his mother. The police then told JP that his mother had told them that she had slapped JP in self-defense after he had pushed her. According to the police report “JP then immediately related that he was slapped in the face first and then pushed her in defense.” The police mad a determination that JP was “the dominant aggressor” and the police placed JP under arrest for Domestic Assault & Battery”.

JP was arraigned in Salem District Court the next day and his case was continued for a pre-trial hearing to July 19, 2021. JP sought out a lawyer. JP spoke (via zoom) with Attorney Robert Lewin from Andover and JP hired Attorney Lewin to represent him. JP explained to Attorney Lewin that his application for re-licensure had to be submitted in September and that he had to get the case favorably resolved by that time.