On May 7, 2021, TN, a seventeen year old female student at an Essex County High School, got into an argument with another female student in the ladies bathroom at the school. The female student took out her cell phone and began recording TN at which point TN took her shod foot (a foot with a shoe on it) and kicked the student striking the hand with the phone. The incident occurred in the presence of witnesses and to a great extent was recorded by the other student. TN was charged with assault and battery by means of a dangerous weapon (s shod foot) and was summonsed to appear in Newburyport Juvenile Court. TN’s parents consulted with and hired Attorney Robert Lewin from Andover. The case was scheduled for an arraignment in Juvenile Court on June 2, 2021.
Essex County has a Juvenile Diversion Program which, in essence, allows a juvenile to avoid getting a record. Attorney Lewin immediately obtained a copy of the video and the police reports and reviewed these with TN and her parents. TN and her family agreed that if TN could get her case diverted it made great sense as the evidence was not “pretty”. Attorney Lewin contacted the director of the Juvenile Diversion program and after reviewing the case she agreed that TN would be a good candidate for diversion.
On June 2, 2021 TN’s case was called for arraignment in Newburyport Juvenile Court. The arraignment was NOT held. By agreement the case was continued to October 6, 2021 (4 months) to allow TN to complete the diversion program.
TN thereafter met all the requirements of the diversion program. She had to write a letter of apology and she had to write an essay on what she learned from this experience – in particular on how to deal with anger and how to walk away from situations.
On October 6, 2021 TN’s case was again called in Newburyport Juvenile Court and the case was dismissed without TN being arraigned. As a result of this disposition, Attorney Lewin explained the following to TN and her family:
- NO arraignment took place.
- NO entry was made on any Juvenile Record.
- TN has NO juvenile record.
- NO entry was made in the Massachusetts Criminal Offender Record Information (CORI) system.
TN and her family were happy that TN came out of this with NO record and a little bit smarter.