On May 1, 2015, SC, a 19 year old fellow from Dracut with no criminal record, got very high smoking a controlled substance with several neighbors. At 1:00 AM he went to a convenient store in Dracut; the store was closed. SC had a barbell with him and proceeded to break a plate glass window and the window frame attempting to gain entrance to the store. A silent alarm was tripped and the police responded. A neighbor also had seen what had gone on and the store security system video had captured images of SC breaking the window and the frame. The police arrived and observed SC’s condition; it was clear he was under the influence of something. SC called his Mother who also responded to the scene. The police allowed SC to go in the custody of his Mother but told him he would be summonsed into court. Eight weeks later SC received a summons to appear in Lowell District Court to answer to a criminal complaint charging SC with two counts of malicious destruction to property over $250, attempted breaking and entering, and possession of burglars tools (all felonies). SC and his mother came to see Attorney Robert Lewin in North Andover and retained Attorney Lewin. SC had no criminal record and having four felony charges on his record could create great problems for SC in terms of getting employment or going to college. Firstly, Attorney Lewin explained to SC that if anything helps make this type of case go away it is paying for the damage done to the store and apologizing to the store owner. SC’s Mother and Grandfather went to the storekeeper and had a heart to heart talk with the storekeeper. The storekeeper had spent $1,062 replacing the large plate glass and fixing the window frame. SC’s grandfather wrote out a check to the storekeeper for the full amount. The storekeeper was very appreciative and wrote out a receipt. On the receipt he specifically requested that all the charges against SC be dropped. Attorney Lewin called the Police Prosecutor from Dracut and explained the situation. Attorney Lewin then went over to Lowell District Court and met face to face with the Police Prosecutor from Dracut. Attorney Lewin asked the police to agree to dismiss the criminal charges prior to arraignment. The significance of the criminal charges being dismissed prior to arraignment is that the charges DO NOT GO ON THE ACCUSED PERSON’S RECORD. A criminal record gets created once an accused person is arraigned in court. The police prosecutor was agreeable. Now it was necessary to get the District Attorney’s Office to agree. Attorney Lewin made a call to the Supervisor of the District Attorney’s Office at Lowell District Court. Attorney Lewin explained the entire case and that the police were agreeable to the charges being dismissed prior to arraignment. Attorney Lewin put the Assistant District Attorney in touch with the police prosecutor and the Assistant District Attorney then agreed to the charges being dismissed prior to arraignment.
On September 15, 2015 SC and Attorney Lewin appeared in Lowell District Court. SC’s case was called in the First Criminal Session and Attorney Lewin informed the Judge that the Commonwealth and the Defense had agreed that all the charges were to be dismissed without SC being arraigned (prior to arraignment). The Judge ordered the charges all dismissed prior to arraignment.
As a result of this disposition SC has NO CRIMINAL RECORD. If a CORI check is done on SC this case will not show up. It is as if it did not happen. SC and his Mother left the Courthouse very very happy with the result.
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