Massachusetts Criminal Lawyer Blog

May 21, 2025

15 Time Shoplifter – Complaint Avoided

On December 21, 2024, NP, a 35 year old female hospital operating room technician was caught shoplifting at the Target store in Lowell. She went through the self checkout without scanning an item. A loss prevention officer caught up to her and brought her back into the store. The Lowell Police were called to the store. The Target stores use facial recognition technology to identify shoplifters. Unfortunately for NP, this was the 15th time she had been observed (and recorded) shoplifting at Target in Lowell and Salem, NH. The police told NP she would receive papers to go to Lowell District Court.

NP consulted with and retained Attorney Robert Lewin from Andover. A Clerk-Magistrate hearing was set up for May 9, 2025. The purpose of the Clerk-Magistrate Hearing is for the Clerk-Magistrate to decide whether to issue a formal criminal complaint against the accused person. NP has no criminal record and a criminal record for shoplifting (which in reality is stealing) could cost her a job. If the Clerk-Magistrate issues a criminal complaint then the accused has to return to court for an arraignment in front of a Judge and a criminal record is created. If the Clerk-Magistrate can be persuaded not to issue a criminal complaint, then the accused is not charged and no criminal record is created. The Defense lawyer’s goal is to do his or her best to convince the Clerk-Magistrate not to issue the complaint.

Attorney Lewin went to work immediately. Attorney Lewin has established an excellent working relationship with Asset Loss Prevention team at Target and with the Police Prosecutors from Lowell. Attorney Lewin immediately contacted the Asset Protection team at Target. Attorney Lewin also contacted the police prosecutor at the Lowell PD. Attorney Lewin was able to get the police and Target not to oppose Attorney Lewin’s request for a criminal complaint NOT to be issued against NP.

May 20, 2025

Another Hit and Run Charge Avoided

by Robert D. Lewin

On March 20, 2025, JB, a 20 year old male, was driving his Mother’s car on I-95 in Boxford. He lost control of the car and the car went off the left side of the road striking the “cable retention system”, taking out six posts and damaging 72 feet of cable wire. JB panicked and continued driving the badly damaged car. He took the next exit off the highway, parked on the side of the road, and fled the scene. The car was found by the local police. They ran the plate and then went to JB’s house. JB and his mother were present. JB confessed to the police. The State Police issued a citation to JB for Leaving the Scene of a Property Damage Accident and a Marked Lane Violation. JB and his Mother contacted Attorney Robert Lewin from Andover and they retained Attorney Lewin.

Attorney Lewin then took the following actions:

Attorney immediately brought the citation over to Haverhill District Court and requested a Clerk-Magistrate Hearing.

May 19, 2025

Another Domestic Assault & Battery Dismissed

by Robert D. Lewin

TO is a 26 year old physical education (gym) teacher in a local elementary school. On October 12, 2024, TO was arrested and charged with Assault and Battery on her sister, Assault & Battery on a Household Member (her live in boyfriend) , and Disorderly Conduct. The police had been called to TO’s apartment and found TO’s sister outside sitting on the ground with blood coming from her mouth and lip. Witnesses told the police that TO had gone after her sister and TO had her sister on the ground and was punching her about the head. Witnesses also told police that TO had gone after her boyfriend and had to be separated from her boyfriend. When the police started to ask everyone what happened TO began to yell and scream at the police. The police finally put TO in cuffs and removed her from the scene under arrest. She was later bailed from the police station and told to report to Peabody District Court on October 15, 2024 for arraignment. The next day, TO met with and retained Attorney Robert Lewin from Andover to represent her. On October 15, 2024, TO and Attorney Lewin appeared in Peabody District Court and TO was arraigned. Her case was continued to November 19, 2024 for a pre-trial hearing.

Attorney Lewin then spoke with TO’s sister and her boyfriend. After speaking with Attorney Lewin the sister and boyfriend both agreed to tell the District Attorney that they wanted the charges dismissed. Attorney Lewin then met with the Assistant District Attorney and an agreement was reached to resolve the case favorably.

On November 19, 2024, TO and Attorney Lewin appeared in Peabody District Court. By agreement, TO’s case was continued for 6 months to May 19, 2025 with an order that the case was to be dismissed if there were no reports of any further trouble.

May 18, 2025

Hit & Run Case – DISMISSED

by Robert D. Lewin

On September 13, 2024, at midnight, MS, a 59 year old man was driving his large, elevated pick-up truck in Everett. He approached an emergency construction site where a police officer was working a detail in an unmarked police car. The officer noticed the pick up truck approaching the officer’s vehicle from the rear. The officer noticed that the pick up was too far to the right hand side of the road and was heading toward the officer’s car. The pick up side swiped officer’s car, making a loud screeching noise as it grinded against the officer’s car. The pick up never slowed or stopped but kept on going. The officer activated the blue lights and siren in the unmarked vehicle. The officer pursued the pick up down a number of streets and through several intersections; the pick up did not stop. Finally other police cars joined the chase and forced the pick up to the side of the road. The police report reads “Officer C.. opened the driver’s side door and the operator was brought down to the ground belly first and handcuffed” MS asked the officer what he did and the officer pointed to his car. MS replied “I hit it?” MS was arrested. He was bailed from the police station and told to report to Malden Court on September 16, 2024.

MS consulted with and immediately retained Attorney Robert Lewin from Andover. On September 16, 2024 MS and Attorney Lewin appeared in Malden Court and MS was arraigned; his case was continued to November 14, 2024 for a pre-trial hearing. After investigating the case and personally viewing MS’s truck (which had very little damage) it became apparent to Attorney Lewin that MS never realized his huge pick up truck had actually scraped the parked unmarked police car.

Attorney Lewin met with the Assistant DA at Malden Court and furnished the DA with pictures of MS’s truck. On November 14, 2024 the DA agreed to continue the case for six months(without any admission of guilt or wrongdoing) to April 24, 2025. On April 24, 2025 the case was dismissed. MS was thrilled with the result.

April 28, 2025

Assault & Battery Case DISMISSED Prior To Arraignment

by Robert D. Lewin

RP is a 38 year old elementary school teacher living in Haverhill. On September 30, 2024 RP got into an argument with her younger sister and slapped her sister across the face. RP fled the house after striking her sister and the sister called 911. The police responded and called RP, but she refused to “turn herself in”. The police went to Haverhill District Court and filed a criminal complaint against RP for Assault and Battery. The court issued a summons for RP to appear for an arraignment on November 5, 2024. RP met with and retained Attorney Robert Lewin to represent her in Haverhill District Court.

Prior to the arraignment date, Attorney Lewin prepared and filed at the Court a Motion for a pre-arraignment disposition. When an arraignment takes place in a criminal case, a criminal record is created and an entry is made in the statewide Criminal Offender Record Information (CORI) system. Also prior to the arraignment date Attorney Lewin met with the Assistant DA at Haverhill Court to discuss a pre-arraignment disposition. Lastly, prior to the arraignment date, Attorney Lewin spoke to RP’s sister. The two women had settled their differences.

Because RP is an elementary school teacher, it was/is imperative for her NOT to have any criminal record – and in particular not to have any criminal record for assaultive behavior. Having such a record would probably cost her her job.

April 28, 2025

Operating After Suspension of License – DISMISSED at Clerk-Magistrate Hearing

by Robert D. Lewin

PH is a 54 year old personal trainer. PH has her own workout studio but also travels to clients’ homes, particularly elderly or disabled clients. On November 15, 2024, PH was travelling from her studio in Rowley to the home of an elderly client in Amesbury. At an intersection in Amesbury she ran a red light and got pulled over by the Amesbury Police. When the police ran her license it came back that her license was suspended. The police cited PH for Operating After Suspension of License. The police had her car towed and issued her a citation.

PH contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin instructed PH to immediately request a Clerk-Magistrate Hearing which PH did. It turns out that PH’s license was suspended because she had failed to pay a ticket. To her credit PH went and immediately paid the ticket and the reinstatement fee online and her license was reinstated. Attorney Lewin explained to PH that if anything helps to make these operating after suspension cases go away, it is getting your license reinstated before the hearing date.

Attorney Lewin contacted the Amesbury Police Prosecutor and explained that PH’s license had been suspended because of an unpaid ticket. Attorney Lewin further explained to the prosecutor that PH had immediately paid the ticket and the reinstatement fee and that her license was now reinstated. Attorney Lewin asked the prosecutor to agree to dismiss the charge.

April 28, 2025

Warrants in 2 Court Cleared: Larceny of Motor Vehicle Case – DISMISSED

by Robert D. Lewin

On March 3, 2025, JN, a 34 year old production supervisor, consulted with and retained Attorney Robert Lewin in Andover. JN had an outstanding warrant in Lawrence District Court (on a case where he owed money to the court) and an outstanding warrant in Haverhill District Court (on an open case where he was charged with Larceny of a Motor Vehicle). JN’s license was suspended because of the two cases and he needed to get it back. One of the problems with the charge of Larceny of a Motor Vehicle is that a conviction carries a one-year loss of license.

Attorney Lewin investigated the two cases and was convinced that he could get the case in Lawrence closed by having JN pay the money that was owing to the court. More importantly, Attorney Lewin was convinced that JN was not guilty of the Larceny of a Motor Vehicle charge. The charge arose out of JN’s failure to return (and pay for) a car that he had rented from a car rental agency.

On March 14, 2025 JN and Attorney Lewin began the day in Haverhill District Court. The warrant in Haverhill District Court was cancelled, JN was arraigned, and the case in Haverhill was continued to April 18, 2025 for a pre-trial hearing. At Attorney Lewin’s request the Judge in Haverhill did NOT hold JN in custody for the warrant in Lawrence, but rather directed JN and Attorney Lewin to go to Lawrence Court that same day to address the warrant in Lawrence. Attorney Lewin and JN left Haverhill and went straight to Lawrence District Court. Within an hour JN and Attorney Lewin were in front of the Judge in Lawrence District Court. Attorney Lewin explained that JN owed money to the court and he was ready to pay it immediately. The Judge in Lawrence cancelled the warrant; JN went to the cashier’s office and paid the money he owed; the Judge ordered the case in Lawrence District Court DISMISSED.

January 29, 2025

Road Rage Charge To Be Dismissed

by Robert D. Lewin

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.

January 26, 2025

Assault & Battery Charge Avoided

by Robert D. Lewin

On November 9, 2024, EP, a 54 year old union carpenter, went to a restaurant in Methuen with his extended family. While at the restaurant he saw SP, a similarly aged man, who had had a number of confrontations with EP’s brother. At one point EP left his table and went to the men’s room. As EP was about to leave the men’s room SP entered the men’s room. The two men exchanged words with one another and then the stories diverged. A fight broke out between the two men; the restaurant management broke up the fight and escorted the two men out of the restaurant; and the police were called and responded quickly to the restaurant. EP told the police that SP had chest bumped him as he was trying to leave the men’s room and EP had simply pushed SP out of his way so he could leave the men’s room. SP told the police that EP had grabbed him by the throat and punched him in the face. SP told the police he wanted charges filed against EP.

The police charged both men with Assault & Battery. EP consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained copies of the police report and Attorney Lewin spoke with the police prosecutor. The two cases were set up for a Clerk-Magistrate Hearing at Lawrence District Court. On January 7, 2025 EP and Attorney Lewin arrived at Court for the hearing. SP was also present but did not have a lawyer. Attorney Lewin went over to SP and had a conversation with SP. Attorney Lewin explained to SP that if the two men went ahead with the hearing that the Clerk-Magistrate would issue criminal complaints against both men and then both men would have to return to court and criminal records would be created against both men. Attorney Lewin said that if SP and EP agreed not to go forward that it was very likely that the Clerk-Magistrate would not issue a criminal complaint against either man. SP, who could be a stubborn man, saw the light and agreed with Attorney Lewin’s suggestion.

The case was called into the hearing room. The Clerk-Magistrate had the police prosecutor read the police report. The police report clearly set out probable cause for the Clerk-Magistrate to issue criminal complaints against both men for Assault & Battery. The Clerk-Magistrate then turned to Attorney Lewin and requested his input. Attorney Lewin explained to the Clerk-Magistrate that he had spoken to both men, and both men were requesting that the Clerk-Magistrate not issue complaints. In addition, Attorney Lewin had also spoken to the police prosecutor and the police prosecutor stated to the Clerk-Magistrate that he had no objection to Attorney Lewin’s suggestion.

January 22, 2025

ANOTHER ABUSE PREVENTION ORDER DEFEATED

by Robert D. Lewin

CP, a 35 year old male, and his husband, GP, a 43 year old male, have been married for 5 years. There were considerable tensions in the marriage. On January 8, 2025, GP, applied for an Abuse Prevention Order in Lawrence District Court and was granted a temporary order. The order was scheduled for a two party hearing on January 22, 2025. CP was served with the order and immediately sought out a lawyer. CP met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin immediately went over to Lawrence District Court and obtained a copy of GP’s complaint and affidavit. Attorney Lewin and CP went thorough GP’s affidavit together. It was readily apparent that GP was not alleging any physical abuse. Under a 2024 change in the law, physical abuse is no longer required to obtain an order. The 2024 change in the law added “coercive control” as a basis for obtaining an Abuse Prevention Order. This is what GP was alleging in his complaint. The new law defines “Coercive Control” as follows:

“(a) a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member that causes that family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy, including, but not limited to: