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Robert D Lewin
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Robert Lewin’s Answers

333 total


  • I want 2 get my CA drivers license but have 2 warrants in MA. One in Worcester & one in Waltham.

    I need a lawyer in MA 2 go 1 court on my behalf 2 clear 2 warrants so I can get my CA drivers license. Please help!

    Robert’s Answer

    Do a search on AVVO for a Massachusetts Criminal Lawyer who has experience clearing warrants in the metro west area. A lot depends on what the warrants are for. If the warrants are for serious criminal charges then you may have to come out here to clear the warrants. On the other hand if the warrants are for minor infractions a lawyer may be able to clean them up without you having to come out here. Get on AVVO and find a lawyer and call him or her and discuss the two warrants with the lawyer. Nothing will happen on AVVO to clear the warrants. You need to find a lawyer here to look into this for you.

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  • Can I move out of state while on probation?

    I'm on probation and owe restitution but I want to move out of state and move in with someone and get a job in that state but not sure if my probation officer will approve it or is it hard to get approved?

    Robert’s Answer

    The answer to your question is maybe. Getting probation supervision transferred from one state to another is an involved process. Massachusetts has to approve and the probation department in the state you are moving to must approve; if that happens your probation supervision can be transferred to the other state. If the probation department or the Judge in the Court where you are on probation in Massachusetts says no, then it is very unlikely that you be able to get your probation supervision transferred. If you can get a job lined up and if you can have a place to live lined up this will increase your chances. Get all those ducks lined up and then go speak with your probation officer. It would certainly help if you are current in your restitution payments. Good Luck.

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  • Is thirty days in Middlesex County House of Corrections any better than the two week 14 day DUIL Program?

    Is thirty days in Middlesex County House of Corrections any better than the two week 14 day DUIL Program?

    Robert’s Answer

    If you want to get a hardship license you will need to complete the two week in-patient 2nd offender program. The loss of license for a second offense is two years (plus any associated loss for a breathalyzer refusal). The statute provides for consideration for a hardship license at 1 year and again at 18 months; however, one of the requirements for issuance of a hardship license is completion of the two week in-patient 2nd offender program.

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  • Why I'm receiving calls that I have a warrant?

    I'm receiving calls from private numbers saying that I have a warrant for my arrest, and if I don't call the warrant will be served. Or the other is that they allegedly received a letter from my attorney. I don't have an attorney!!! What can I do?

    Robert’s Answer

    It does sound like a scam. It is possible that the call could be from a constable or deputy sheriff and that a civil capias (warrant) has been issued against you in a supplementary process case. A supplementary process case is a civil action to collect a civil judgment against you that you have not paid. If that were the case, however, I would think the Constable (or deputy sheriff) would leave his/her name. Have you tried calling the number?

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  • What is the penalty for OUI while on probation for OUI (2 OOS OUI while on probation for the first)?

    my son's mother was arrested in 12/13 for oui in MA. she could not pay the fines so had a warrant out for her arrest for many months until she was arrested in NH for OUI in 12/15 and the warrant was executed. she was found guilty of both DUI and h...

    Robert’s Answer

    I can only address the Massachusetts portion of your question. If the DUI was the only criminal charge against her in Massachusetts and if she was given a 30 day suspended sentence on that charge, then the maximum jail sentence she can be given on that charge is 30 days. If she is on straight probation (i.e. probation with no specific suspended sentence) then she faces up to 2 1/2 years in the House of Correction if found in violation of probation. (By the way, there is a statute in Massachusetts that requires that the sentence imposed for a probation violation be made to run from and after (consecutively to) the sentence for the new case. It is a statute that is rarely enforced.)

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  • What should I do if I was on the TV show cops for a crime I did not commit.

    I got arrested because of something a friend did. I just so happen to be with him HOURS after the incident so I got charged with assault and put on cops the TV show

    Robert’s Answer

    First and foremost get a good criminal lawyer and beat the criminal case. If you win the criminal case then you can talk to a civil lawyer who handles civil slander cases - if in fact you were slandered on the TV show. Do not discuss the facts of your case in a public forum such as AVVO.

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  • What are my chances of not going to jail?

    I was arrested and was charged with, receiving stolen property over 250, larceny over 250, possession of a class b substance 2 counts, and false rmv document, ( I pretended to be someone else), as well as shoplifting. I have a record of theft as w...

    Robert’s Answer

    Like everything else, the answer to your question is "it depends". Sending someone to jail is obviously a last resort. If your lawyer can convince the Judge that you are a good subject for probation, that you are a low risk to re offend, and that you are taking AND HAVE TAKEN STEPS to prevent you from re offending then your chances for avoiding jail go up. When your "judgment day" in court comes your lawyer wants to be able to tell the Judge what you HAVE done and what you ARE DOING to prevent you from re offending. It is easy to go into court and tell the Judge what you are going to do; talk is cheap. When you go to court your lawyer wants to be able to tell the Judge what you HAVE done. If drugs are a problem, then you want to be in a drug treatment program (it can be outpatient); if alcohol is a problem then you want to be in an alcohol treatment program. So if you want to avoid jail then you have work to do. Good Luck.

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  • How can I get a petty theft expunged from my record?

    I'm 21 and a broke college student. I went to Walmart and stole two fingernail polishes and a 14$ romper. In total it was 3 items under 25$ and i was caught. They called the police but i wasn't arrested but they said they sent a fine that would co...

    Robert’s Answer

    A "criminal record" is created when you appear in Court before a judge and get arraigned. No "criminal record" is created when you are stopped in a store for shoplifting. In the event you receive a notice from a court, you should contact a criminal lawyer right away. If you have to go to court for a hearing on an application for a criminal complaint before a clerk-magistrate you will want to have a lawyer with you for that hearing. That hearing is a chance to kill the case before a criminal complaint issues against you. If the case gets resolved at the hearing before the Clerk-Magistrate and no criminal complaint is issued against you then no criminal record is created. No one wants to hire a thief; that is why if you do get a notice of a court hearing you should not ignore it. If you do get a notice, get a lawyer and get the case resolved at that hearing. Right now there is no "criminal record" of this case and if you are smart there never will be.

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  • Rescued friend from nursing home. Been falsely arrested. Repeated court dates while they do not have a charge that applies

    I'm currently in news. Arrested for elder abuse care giver. Originally tolled kidnapping. I'm not a payed caregiver but now going back n fourth for trials were newton prosecutor don't have a case so they keep continuing court dates . while incarce...

    Robert’s Answer

    If the allegations made against you in the reports that were submitted to the Clerk-Magistrate in support of the application for criminal complaint do not contain factual support for all the elements of the crime charged then a Motion To Dismiss should be filed. (This is called a DiBenedetto motion).

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  • What can we do to help my son who is incarcerated to get medical attention and be safe from other conditions?

    My son is in jail. He has allergies to anything wool and they keep giving him wool blankets or other items that have had contact with wool. He also recently before lock up had oral surgery and a guard [C.O.] sucker punched him for something he s...

    Robert’s Answer

    If your son's allergy to wool is being mistreated at the jail, you could file a civil lawsuit against the sheriff to compel the sheriff to properly treat your son. If your son was unlawfully punched by a correctional officer that is a crime (Assault & Battery). In light of the fact that this incurred within a correctional facility you would have to make a report to the state police and see if they would investigate the accusation and bring a criminal complaint. Have you tried reacing out the sheriff (I am assuming this occurred at a county House of Correction)? Good Luck.

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