Robert D Lewin’s Answers

Robert D Lewin

North Andover Criminal Defense Attorney.

Contributor Level 12
  1. Cwof DUI stay on your driving record?

    Answered 10 months ago.

    1. Robert D Lewin
    2. David C. Newton
    3. Ethan Patrick Meaney
    3 lawyer answers

    You have posted this question twice. Please see the responses to your first post. The case will remain on your driver record forever. Attorney Robert D. Lewin

    11 lawyers agreed with this answer

  2. Can I be charged with possession of Class C if clonazepam was found in a cigarette pack 150 feet away from me in the woods?

    Answered about 1 year ago.

    1. Dylan Hayre
    2. Robert D Lewin
    3. Jennifer Wang
    4. Patrick Joseph Heffernan
    5. Ilir Kavaja
    6. ···
    9 lawyer answers

    In order to convict you of possession of the drugs the state must prove three things: (1) that the pills were a controlled substance; (2) that you possessed the pills; and (3) that you possessed the pills knowingly or intentionally. The law recognizes several types of possession: (a) actual physical possession - for example, when you hold an item in your hand or have it in your pocket or wallet; (b) constructive possession; or (c) joint possession. To prove a case of constructive possession the...

    10 lawyers agreed with this answer

  3. How much is the cost for bail for assault and battery?

    Answered 10 months ago.

    1. Robert D Lewin
    2. Michael P. Gerace
    3. Frank Mascagni III
    4. Alex R. Hess
    5. Beverly Chorbajian
    6. ···
    6 lawyer answers

    The primary purpose of bail is to assure that the accused person comes to court when they are supposed to. There is a statutory preference in Massachusetts that accused persons generally be released on "personal recogniznce" without having to pay any bail. "Personal Recognizance" means a peson's promise and agreement to appear in Court. In the vast majority of criminal cases where the only charge is assault and battery the accused person is not required to put up any cash bail and is generally...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I was recently charged with OUI for marijuana I was given a court date , will I be drug tested when I appear in court ?

    Answered 11 months ago.

    1. Robert D Lewin
    2. Ryan P. O'Leary
    3. Henry Lebensbaum
    4. David C. Newton
    5. Anthony Rao
    6. ···
    6 lawyer answers

    The fact that you have been charged with OUI Marijuana and have to appear in Court is not a basis for drug testing you when you appear at Court. If there is some other reason, for example if you are on probation and under an order to remain drug free, then probation could request a drug test. But in the absence of some special circumstance there is no legal basis for the court to subject you to a drug test. You say this is your first arrest therefore there is no legal basis for the court to...

    9 lawyers agreed with this answer

  5. Is it true the least amount of time that can be given in a felony conviction is 90 days?

    Answered over 1 year ago.

    1. Stefano Vincenzo D'Agostino
    2. Robert D Lewin
    3. John Brooks Seed
    4. Terri D. Leary
    5. William A. Jones Jr.
    6. ···
    6 lawyer answers

    A felony in Massachusetts State Law is defined as any crime that carries the potential of a sentence to the state prison (as opposed to a county jail or house of correction). There are many felonies that do not have a mandatory committed sentence. Larceny Over $250 is an example of a felony. Under Massachusetts Law someone convicted of Larceny Over $250 can be sent to State Priosn for up to 5 years, therefore making it a felony. However, a judge can sentence a person convicted of Larceny Over $...

    9 lawyers agreed with this answer

  6. What if an ada's only witness does not show up to trial.(not victim only witness) criminal matter

    Answered 9 months ago.

    1. Robert D Lewin
    2. Craig A. Souza
    3. Andrew W. Cowan
    3 lawyer answers

    The Government must prove beyond a reasonable doubt that your boyfriend is the person who committed the crime. His identity as the perpetrator of the crime must be proved in order for the state to get a conviction. There are two broad categories of evidence that the state can rely upon to prove his identity as the perpetrator of the crime: one is direct evidence; the other is circumstantial evidence. An example of direct evidence is when a witness comes into the courtroom during the trial and...

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  7. What should I do if I have not paid my court fees? Does a warrant mean I'd be arrested?

    Answered 5 months ago.

    1. Jessica Ann Foley
    2. Robert D Lewin
    3. Anthony Rao
    4. Michael J. Szklasz
    5. Anthony Michael Solis
    6. ···
    6 lawyer answers

    If the date for payment has gone by then there is probably a warrant outstanding for your arrest and the charges have not yet been dismissed. Get the money you owe, bring an additional $250.00, get up to the court, go to the Criminal Clerk's office and tell them you are there to clear up a payment default. They will get your case out and send it into the criminal session. When your case is called tell the Judge you have the money; the Judge will tell you to go pay the money and come back into...

    8 lawyers agreed with this answer

  8. Cwfo stays on your driving and criminal record?

    Answered 10 months ago.

    1. David C. Newton
    2. Steven D. Power
    3. Ilir Kavaja
    4. Robert D Lewin
    4 lawyer answers

    (1) A motor vehicle offense remains on your driver record forever. Even if you get the court record sealed the driver record remains. There is no procedure to my knowledge to either seal or remove an entry on your driver record. (2) Getting criminal records sealed is a matter of timing. Attorney Newton in his response to your post has - as he always does - succintly and correctly set out the time paramaters. There are a number of details that go into the question of eligibility for sealing...

    8 lawyers agreed with this answer

  9. What is the procedure for someone who is charged with OUI for marijuana

    Answered 11 months ago.

    1. Michael Howard Erlich
    2. Terri D. Leary
    3. John Brooks Seed
    4. David C. Newton
    5. Robert D Lewin
    6. ···
    7 lawyer answers

    You should call a criminal lawyer, set up an appointment, and have an initial interview. OUI Marijuana cases can be difficult for the state to prove and you certainly should have a lawyer. The "procedure" depends upon what stage your case is at. If you were not arrested, but merely given a citation you can and should immediately request a clerk-magistrate's hearing. If you were arrested then you will have an arraignment followed by some pre-trial proceedings and ultimately a trial date. But a...

    8 lawyers agreed with this answer

  10. Aggravated assault and battery on a pregnant woman in Massachusetts.

    Answered over 1 year ago.

    1. Robert D Lewin
    2. Brynn Sullivan Zawada
    3. Benjamin Urbelis
    4. Michael D. Kelly
    5. Henry Lebensbaum
    5 lawyer answers

    There are many possible outcomes in a criminal case; without knowing the details of the facts of the case and the availability of witnesses and physical evidence no lawyer can answer that question. Your girlfriend may be totally innocent or she may be very guilty or she may be somewhere in between. A public forum such as AVVO is NOT the place to discuss the facts of the case. Those should be discussed with her lawyer. If she is innocent then hopefully the DA will either dismiss the case or file...

    8 lawyers agreed with this answer

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