Massachusetts Criminal Lawyer Blog
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.
Attorney Lewin went to Lawrence District Court and had the case against MU and the case against the Mother both put on for the same date. On August 31, 2021 Attorney Lewin, MU, and MU’s mother and brother all appeared in Lawrence District Court. The case against the Mother was called and MU and the brother exercised their right not to testify and the case against the Mother was dismissed. MU’s case was called and the mother and brother exercised their right not to testify and the case against MU was dismissed. MU, her mother and brother all left the courthouse happy that the cases had been dismissed. Unfortunately, the family rift has still not been repaired.
These types of cases are always best resolved outside the legal system. MU has a degree in electrical engineering and having a record for a felony could have had dramatic consequences for her in terms of getting good employment. Attorney Lewin’s ability to know the road to getting the cases dismissed and to getting all the parties on that road led to the best possible result.
Attorney Lewin was an Assistant District Attorney from 1971 t0 1975. He has been practicing criminal defense law since 1975 and has an enviable record of success in defending all crimes, especially domestic assault and battery cases. There are very few lawyers who can match his level of knowledge, experience and expertise.