Massachusetts Criminal Lawyer Blog
On April 29, 2024, JV, a 30 year old environmental consultant, was driving his car on Rt. 113 in Methuen. Another vehicle was following him very closely and then passed him in a no pass zone. The two cars then played cat and mouse. JV then found himself in front of the other car and then the other car passed by him and cut JV off almost causing a collision. JV then pulled alongside the other vehicle and threw a metal speaker at the other vehicle, striking the other vehicle, and putting a dent in the other vehicle. The two vehicles pulled over and the police were called and responded within minutes. JV admitted to the police that he had thrown the metal speaker at the other vehicle. The police charged JV with Malicious Destruction to a Motor Vehicle. The problem with this particular charge is that it carries a 1 year loss of license and it cannot be continued without a finding.
JV consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained the police reports and more importantly the police body cam recordings from the scene. The body cam recordings very helpful. They showed that the driver of the other vehicle was a raving lunatic. In addition, another motorist stopped at the scene and spoke to the police and said that the other driver was driving like a madman and that he had cut her off as well. Although that did not excuse JV’s throwing the metal speaker, it provided context to the entire episode.
Prior to the court date, Attorney Lewin met with the DA and had insisted that the DA watch the police body cam, which the DA did. In addition, Attorney had asked the DA to reduce the charge to simple destruction of personal property (which carries NO loss of license). In addition, Attorney Lewin asked the DA to dismiss the case.
On January 7, 2025, JV and Attorney Lewin appeared in Lawrence District Court. The case was called and by agreement the Judge continued the case generally for six months to July 7, 2025 to be dismissed on that date. This is called a general continuance. A general continuance is NOT a plea bargain. There is NO guilty plea and NO admission of any wrongdoing. Attorney Lewin calls a general continuance a dismissal that takes a little time to get there.
Attorney Lewin explained the following to JV:
- His plea of NOT guilty remains in full force and effect.
- There was NO change of plea.
- He was NOT convicted of any crime.
- There was NO admission of guilt; there was NO finding of guilt.
- On July 7, 2025 he will NOT have to return to Court and his case will be DISMISSED.
- There is NO loss of his driver license.
- As a bonus, the Assistant DA agreed that JV did NOT have to pay any restitution for the damage to the other vehicle.
JV was extremely appreciative of Attorney Lewin’s work for him and for the great result. This type of result is very common for Attorney Robert Lewin.
Attorney Robert Lewin is a former Assistant District Attorney, and for the last 50 years has limited his practice to criminal defense. There are very few lawyers in Massachusetts that have the years of experience and the great relationships that Attorney Lewin has with the prosecutors and the judges in Essex and Middlesex County.