Skip to main content
Robert D Lewin
Avvo
Pro

Robert Lewin’s Answers

284 total


  • How long does it typically take to get a summons for a assault and battery domestic charge in MA?

    My sister and I were both charged with assault and battery of a family member(misdemeanor). Only I was arrested and have already had my arraignment and next court date set. A family member of mine ha mentioned my sister has not received a summons ...

    Robert’s Answer

    Because your sister was not arrested her case may be set up for a clerk-magistrate hearing. If that is the case she will not receive a summons, instead she will receive a Notice of Complaint Hearing and that will slow the process down in her case. In fact, her case may "die" at the Clerk-Magistrate Hearing. Whether she receives a Summons or a Notice of Complaint Hearing she should get something within a month or two.

    See question 
  • Will this show up on my Cori?

    IIf I have been arrested and charged with possession of class D and "intent to distribute" but have not gone to court yet for it and it's still pending, and I am applying for affordable house and am wondering if this will show up on my CORI? or wh...

    Robert’s Answer

    The devil is in the details. If you have been arrested then you should have been arraigned already. Typically, your arraignment follows the arrest within a day or two. I am going to assume that you have been arraigned. Your arraignment is your very first appearance in court before the judge. If that has happened then this case WILL appear on your CORI. The CORI will show the charge(s) against you, the court, the date and that the case is an open pending case. You can go online and purchase your own CORI and see exactly what shows up.

    See question 
  • What is a pre-trial conference?

    My family member has a pre-trial conference coming up. What can he expect? are family members allowed to attend? We have recently asked his current attorney to withdraw from his case. This is his next court appearance, is this when he can ask for ...

    Robert’s Answer

    Dear family member in Tewksbury. Usually the first court date after the arraignment is a pre-trial HEARING. After the arraignment but before the pre-trial HEARING, the Defense Lawyer and the Assistant District Attorney are supposed to meet for what is called a pre-trial CONFERENCE. The defendant does not attend that meeting. At the pre-trial CONFERENCE the Defense Lawyer and the Assistant District Attorney discuss the case and the issues in the case and oftentimes the two attorneys can reach an agreement as to how the case should be resolved. Many lawyers wait until the date of the pre-trial HEARING to have a discussion with the Assistant District Attorney. The best lawyers do not wait. The best lawyers contact the Assistant District Attorney before the date of the pre-trial HEARING and meet with the Assistant District Attorney for a pre-trial CONFERENCE so that when they go to court for the pre-trial HEARING they are prepared. By the way this distinction between the pre-trial CONFERENCE and the pre-trial HEARING is actually set forth in the rules of criminal procedure and was designed to assist the prompt flow of cases. I hope this helps.

    See question 
  • How can I remove something on my CORI that is not true. Its causing a headache in my life

    There is something on my CORI that is preventing me from taking custody of a couple of kids. How can I get this removed so that I can go forward with this. I dont even know what it is, all I know is that it says something like I am a danger to k...

    Robert’s Answer

    It sounds as if the problem you are talking about may not be a CORI problem but rather a problem with the Department of Children and Families. If an allegation was ever made against you that you neglected or abused a child and if that allegation, after an investigation, was supported by the Department of Children and Families (DCF) then your name is on a register (list) maintained by DCF of persons who neglect or abuse children. Schools, day-care centers, adoption agencies, and the like have access to this list. This may be what is causing you a problem if it is something that is not on your CORI.

    See question 
  • Am I allowed to directly contact a Judge? What's the protocol? Thank You!

    Our lawyer failed at a bail hearing recently. He was completely unprepared and we feel that the Judge didn't get a good representation of our defendant. He has medical conditions as well as other information that we(family of defendant) feel shoul...

    Robert’s Answer

    Do NOT contact the judge directly You should ask the lawyer to file a Motion for Reconsideration of the bail question and make sure that the lawyer has all the information that is relevant. The lawyer files the Motion with an Affidavit (Statement under oath) containing the new information that was not presented originally. The Judge is not required to reconsider but if the information is substantial the judge may allow a hearing on the Motion for Reconsideration. If the bail hearing was in District Court the Defendant may have a right to appeal the bail and have a hearing in Superior Court. Work with the lawyer.

    See question 
  • Could I go to jail?

    I was at a party with my boyfriend, it was all his friends and mostly people I didn't know. The police busted the party and told everyone there that they would be summoned to court for possession of alcohol under the age. I hadn't been drinking, t...

    Robert’s Answer

    Dear Really Scared from Methuen. You cannot go to jail for the charge of being a minor in possession of alcohol; the maximum penalty for a first offense is a small fine. A conviction carries a 60 day loss of license. It is highly unlike that you will be convicted of anything. There are plenty of good criminal lawyers in your area; get a lawyer and the case will probably be dismissed. Good luck and don't worry - you will come out of this just fine.

    See question 
  • Applying for tourist visa to China. Arrest record (case dismissed). Disclose?

    I was arrested a couple years back on a misdemeanor charge -- the case was dismissed and there was no conviction -- in fact the case has also now been sealed. I am now planning on traveling to China for an important family engagement and the visa ...

    Robert’s Answer

    You state that the case has now been sealed. The Massachusetts sealing statutes contain the following provisions relative to answering a question about a record: "An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution.” The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court."

    The Massachusetts statute continues:

    "The commissioner [of probation], in response to inquiries by authorized persons other than any law enforcement agency, any court, or any appointing authority, shall in the case of a sealed record or in the case of court appearances and adjudications in a case of delinquency or the case of a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution, report that no record exists."

    You will note that the part of the law that allows you to say that you have no record deals with your being an "applicant for employment". You do have a criminal record that has been ordered sealed. For purposes of immigration, you have to disclose a sealed record. I agree with the other lawyers that you should ask someone who is familiar with Chinese Law; however, I would be concerned about answering that question "no record" in these circumstances. An application for a visa is not an application for employment. Good Luck.

    See question 
  • What will be the outcome when I go to court?

    I was recently released from Kohls as an employee for shoplifting. LP interviewed me and I was honest and told them all the things that I had taken. It came out to be 204.99 dollars, I also returned the items back to them the very next day, they d...

    Robert’s Answer

    As usual, Attorney Pang's answer is complete and accurate. You will not go to jail in this case, assuming that you have no other criminal record. You want to try to avoid having a criminal complaint being issued against you because once the complaint issues you then will have a criminal record and no one wants to hire a thief. You should consult NOW with a good criminal lawyer in your area. There are things a lawyer can do NOW to point your case in the direction of a Clerk-Magistrate's Hearing. That is the hearing that you want to try to have - instead of an arraignment. Once there is an arraignment there is a criminal record. At a Clerk-Magistrate Hearing the Clerk-Magistrate can resolve the charge against you without a criminal complaint being issued and therefore without you getting a criminal record.

    See question 
  • What to do if I get a summon to appear as a witness and cant attend hearing?

    Got a summon to attend as a witness for a case but will be out of town that day and cant attend. What are my options in this scenario? The letter says that if you don't attend it will be considered as a contempt of court and may lead to arrest.

    Robert’s Answer

    Attorney Lazar's suggestion that you contact the lawyer who sent you the summons is good advice. That is a good starting point. The lawyer who summonsed you as a witness most likely has determined that your testimony is important and will want you to be available and in court on the day of the hearing. The lawyer may be willing to go to Court and seek a postponement of the court hearing to a date when you (and everyone else) is available. If that does not work you could retain a lawyer to seek a change in the date; if you have a valid and important reason and if your engagement cannot be reasonably changed the court may be willing to change the date of the hearing to accommodate your schedule. You say you will "be out of town and cant attend". A judge could accommodate you depending upon why you must be "out of town". If you simply fail to show up the court could issue an immediate warrant for your arrest.

    See question 
  • I'm married an my husband threw a drink in my face ,my friend called the police he went to jail no bond not going 2court .

    Pass DV but he didnt hit me,me nor my friend are going to court hoping it will b dismissed

    Robert’s Answer

    Dear Wife from Lynn: Obviously some judge felt your husband's situation was serious as it appears from your question that he has been held without bail and has been sent to Middleton Jail. You need to speak to your husband's lawyer and you may want to consider speaking to a criminal lawyer yourself. You have a right NOT to testify against your husband at a criminal trial. Your friend, however, can be forced to testify against him. Most important of all is that your husband must have a good criminal lawyer. Good Luck

    See question