On November 11, 2015 MN, a 44 year old woman living in greater Boston, went to a local bar/restaurant. She sat at the bar for a number of hours and got quite drunk. She got into a verbal argument with a male patron and was asked to leave by the management. After some back and forth she made it out the front door of the restaurant. The police had been summonsed and MN got into a shouting match with the police and with the crowd that had gathered outside the front of the bar. The police moved in to arrest MN for disorderly conduct. MN resisted and a fight broke out between MN and the police. MN, not a small woman, pushed one of the officers so hard that his shoulder was injured. The police finally got MN cuffed and arrested her. She was charged with Disorderly Conduct and Resisting Arrest. One problem for MN is that she works for the Commonwealth in a quasi law enforcement position and a conviction or any type of admission to the charges could have cost her her job – which she has held for 22 years. MN went to Somerville District Court. She was arraigned on the charges and given a date to return to court for a pre-trial hearing.
MN contacted Attorney Robert Lewin of North Andover. Attorney Lewin had successfully represented MN many years earlier in a DUI case. Attorney Lewin reached out to the police. Attorney Lewin then went and spoke (on several occasions) with the Assistant District Attorney handling the case. It was important for MN to avoid a guilty finding and even a continuance without a finding. Attorney Lewin proposed a general continuance of the case (also called pre-trial probation). After much discussion the District Attorney agreed to the case being continued generally for 6 months and then dismissed. On Friday, December 18, 2015 MN and Attorney Lewin appeared in Somerville District Court. Attorney Lewin told the Judge that the parties had agreed to a general continuance for six months. The Judge accepted the agreement and ordered MN’s case continued for six months. The only condition is that MN stay out of trouble. In six months time – provided she stays out of trouble – the case will be dismissed and MN need not appear back in Court.
It is important to note that as a result of this disposition the following is true:
MN was not convicted of any criminal offense.
MN did not plead guilty to any criminal offense.
Her plea of NOT guilty remains in full force and effect.
MN did not admit to sufficient facts.
The case will be dismissed in six months.
MN was very pleased and left the Courthouse a happy camper.