Clerk-Magistrate Hearings

January 26, 2025

Assault & Battery Charge Avoided

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.

December 28, 2024

THE NAKED HIKER – CRIMINAL CHARGES AVOIDED

by Robert D. Lewin

RS, a 79 year old retired engineer, enjoys hiking in the forests of Essex County, MA. The problem is he enjoys hiking naked. You could not make this case up. The environmental police had received several complaints of a man hiking in the nude. Unbeknownst to RS, a hunter had lawfully installed a hunting camera on a tree in the woods. The camera captured RS hiking nude on four occassions between August 2024 and October 2024. On one of his hikes, RS noticed the camera and took it down and brought it home. Unfortunately for RS the camera did two things that RS did not expect: (1) it captured him nude at home and sent those images to the hunter’s computer and (2) it sent out its GPS coordinates to the hunter’s computer. The hunter in turn gave the images and the GPS coordinates to the Environmental Police. The GPS coordinates led the police to RS’s home. The police got a search warrant, went to RS’s home, seized the camera, and charged RS with a host of crimimal offenses. The criminal charges included Hunter Harassment (the removing of the camera), Larceny (the taking of the camera), and 4 counts of indecent exposure. The case was set up for a Clerk-Magistrate Hearing.

RS met with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately reached out to the Environmental Police and, more importantly, Attorney Lewin contacted the General Counsel’s Office for the state office of environmental affairs. Attorney Lewin was able to make contact with the Assistant General Counsel for the Department who would make the decision about whether the case would go forward or not. In addition, Attorney Lewin had RS meet with a counselor who dealt with exhibitionist behavior; the counselor gave Attorney Lewin a very favorable report. Attorney Lewin engaged in lengthy negotiations with the Department and was able to get the Department to agree to recommend that a criminal complaint NOT be issued against RS.

On December 12, 2024, RS and Attorney Lewin appeared at Lawrence District Court for a Clerk-Magistrate Hearing on the Application for Criminal Complaint that had been filed by the Environmental Police. The environmental police were present and presented their detailed case against RS. Attorney Lewin explained to the Clerk-Magistrate the lengthy negotiations that had taken place with the Department and the agreement that had been reached.

December 18, 2024

3 Time Shoplifter – Criminal Complaint Avoided in Lowell District Court

by Robert D. Lewin

FL is a 26 year old Academic Advisor at a local college. FL is also a compulsive shoplifter. On June 10, 2024, June 11, 2024, and again on July 29, 2024 FL was caught on camera shoplifting at a local Target store. Store security was not able to stop FL as he left the store, but they did get a license plate number of the car he was driving as he left the parking lot. The plate number was turned over to the Lowell Police and they traced the plate back to FL. On August 1, 2024 the police went to FL’s home and quickly identified FL as the person caught on the security cameras at the store. When questionned FL told the police that he may have failed – by mistake(!) – to scan several items. What the security video actually showed was FL scanning the tag of an inexpensive item several times while putting more expensive items into his shoppinjg bag as if the more expensive items had been scanned. The police told FL that he would receive a notice to go to court.

Within days, FL received a notice of a Magistrate’s Hearing alleging three counts of shoplifting. The hearing was scheduled for Friday, December 6, 2024 at Lowell District Court. FL contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained a copy of the police report. Attorney Lewin contacted the Lowell Police Prosecutor to discuss the case and Attorney Lewin also reached out to the Asset Protection team at Target. Attorney Lewin took a full background history from FL. It was immediately apparent to Attorney Lewin that if FL were actually charged with shoplifting (which would brand FL as a THIEF) that his job as an Academic Advisor would be lost.

On December 6, 2024 FL and Attorney Lewin appeared at Lowell District Court for the Magistrate Hearing. Attorney Lewin explained FL’s background to the Clerk-Magistratem, stressing the facts that he had no criminmal record, that he had a good education, and that he had a good job. Attorney Lewin asked the Clerk-Magistrate NOT to issue a crimimal complainmt. Prior to the hearing Attorney Lewin had spoken with the police prosecutor (this is called good case preparation). After Attorney Lewin made his pitch to the Clerk-Magistrate, the Police Prosecutor told the Clerk-Magistrate that he had no objection to what Attorney Lewin was requesting. The Clerk-Magistrate then continued the hearing for 3 months to March 14, 2025. The Magistrate then ordered that if FL stayed out of trouble with the law, then on Mardch 14, 2025 no one had to return to court and the matter would be dismissed without a criminal complaint being issued agasinst FL.

September 23, 2024

Another Shoplifting Charge Avoided

by Robert D. Lewin

On August 15, 2024, BS, a 57 year old professional woman, went to the Target store in Danvers. She shopped and filled up a shopping cart with merchandise. She then went to the self-checkout area and began to scan her items. When she was done scanning she paid $313.64 on her credit card and then headed out of the store. Just as she got out of the store she was stopped by store security and then brought back into the store to the loss prevention office. There was $276.87 in merchandise in her cart that she had not paid for. There was video of her at the self-checkout which allegedly showed her not scanning certain items. BS was told she would receive a notice from the Salem District Court. BS consulted with and retained Attorney Robert Lewin from Andover.

BS insisted that she did not intentionally fail to scan anything. Apparently there were some items at the bottom of her cart that she mistakenly forgot to scan. The Danvers Police had been called to the store and Attorney Lewin was able to obtain a copy of the Danvers Police report. That report seemed to corroborate what BS was saying. Attorney Lewin made contact with the loss prevention officer form the store and advocated for the store not to seek a criminal complaint.

On September 20, 2024, BS and Attorney Lewin appeared at Salem District Court for the hearing. Attorney Lewin was thoroughly prepared. Attorney Lewin furnished a copy of the Danvers Police Report to the Clerk Magistrate. That report (which the store did not want the Clerk-Magistrate to see) corroborated what BS was saying.

September 12, 2024

Furnishing Alcohol to a Minor Child – NO Probable Cause

by Robert D. Lewin

On August 22, 2024, VM, a 43 year old Medical Practice Manager, co-hosted a high school graduation party for his niece. The party was held at a friend of VM’s house in Methuen. VM’s family and nine friends of VM’s niece were invited and attended. The friends of VM’s niece were all under age 21. At the party there was hard liquor and beer available that had been put out by the home owner. The party got a bit loud, someone called the police, the police arrived, and saw the alcohol and charged both the homeowner and VM with furnishing alcohol to minors. The home owner had a clerk-magistrate hearing, represented himself, and the clerk-magistrate issued a criminal complaint against him for furnishing alcohol to a minor.

VM contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin took a detailed statement of the facts from VM and from his niece and it became very apparent that VM had NOT furnished alcohol to anyone. Attorney lewin obtained the police report and there was nothing in the police report that indicated that VM had furnished alcohol to anyone. The police were relying on the fact that VM had co-hosted the party and was therefore responsible for making alcohol available to the minors. Attorney Lewin contacted the Methuen Police prosecutor prior to the hearing and advocated that there was no evidence that VM had done anything wrong.

On September 12, 2024, VM, his niece, and Attorney Lewin went to Lawrence District Court for the hearing. The Clerk-Magistrate listened to the police presentation. Attorney Lewin then argued to the Clerk-Magistrate that there was NO evidence that VM had furnished alcohol to anyone. The Clerk-Magistrate agreed with Attorney Lewin and made a finding of NO probable cause and DENIED the police application for a criminal complaint.

September 10, 2024

Negligent Operation Charge Avoided

by Robert D. Lewin

On Friday, May 31, 2024, LO, a 25 year old prep-cook, was on her way to work and was running late. She came to an intersection in Haverhill and had a red light. She ran the light almost causing an accident – all in the view of a Mass. State Trooper who was sitting in his patrol car. The officer immediately put on his blue lights and pulled LO over. He gave her a citation for Negligent Operation (which carries a 60 day loss of license) and Failure to Stop for the Red Light.

LO contacted Attorney Robert Lewin from Andover and retained Attorney Lewin. Attorney Lewin instructed LO to immediately bring her citation to Haverhill District Court and request a hearing. LO did that and a hearing was set up for August 6, 2024. Attorney Lewin reached out to the State Police Prosecutor and advocated on LO’s behalf with the police prosecutor. On August 6, 2024, Attorney Lewin and LO appeared in Haverhill District Court. Although there was probable cause to issue the criminal complaint against LO for the Negligent Operation and the Failure to Stop charges, Attorney Lewin pointed out that LO had no criminal record and no driver record. Attorney Lewin advocated for the Clerk-Magistrate to NOT issue a criminal complaint against LO. Attorney Lewin had fully prepared LO to address the Clerk-Magistrate.

The police prosecutor told the Clerk-Magistrate that he had no objection to Attorney Lewin’s request. The Clerk-Magistrate then continued the hearing for six months to February 4, 2025 and ordered that if LO was in no further trouble with the law then then entire matter would be dismissed on that date.

June 9, 2024

DESTRUCTION OF PROPERTY CHARGE AVOIDED

by Robert D. Lewin

KM, a strikingly beautiful 22 year old single mom, made a poor choice of boyfriend. She had an apartment in Methuen and he moved in with her. She became pregnant and then the boyfriend cheated on her. How did KM know? She found a video on the boyfriend’s cell phone of the boyfriend and the “other woman” having sex! In a moment of anger, KM broke the bathroom door in the apartment and put a whole in the wall. Yes, she has a temper. The boyfriend called the police. (You can’t make this stuff up.) The police came, investigated, and applied for a criminal complaint against KM for malicious destruction of property in Lawrence District Court. The application was set down for a Clerk-Magistrate hearing on January 30, 2024. KM consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin contacted the Police prosecutor and explained the entire episode to the police prosecutor. KM had a family member who could do repair work and could fix the door and the wall.

On January 30, 2024, KM and Attorney Lewin appeared in Lawrence District Court for the Clerk-Magistrate Hearing. Attorney Lewin explained the situation to the Clerk-Magistrate. Attorney Lewin proposed that the Clerk-Magistrate take no action on the application for criminal complaint and continue the hearing for 3 months to give KM an opportunity to fix the door and fix the hole in the wall. The Clerk-Magistrate (and the police prosecutor) agreed with Attorney Lewin’s suggestion and the hearing was continued to April 30, 2024. The Clerk-Magistrate said that if the repairs were completed before that date the no one had to come to court and the matter would be dismissed.

June 8, 2024

Another Hit & Run Charge Avoided

by Robert D. Lewin

On August 30, 2023, NN, a 44 year old software engineer from Rowley, was on his way home at about 1:20 in the morning after a “night out”. As he prepared to make a right turn onto his street, he missed the street. So he put his car into reverse and proceeded to back up. Unfortunately, he backed up into a neighbor’s driveway, striking the front end of a pick up truck that was parked in the driveway, pushing the back end of the pickup truck into the side of the garage causing damage to both the pickup truck and the garage. Not realizing what he had done, NN put his vehicle in drive and pulled out of the driveway and pulled into his own driveway, went in his house, and went to sleep!

Unfortunately for NN, parts of his car were left in the neighbor’s driveway and it did not take the police long to figure out that it was NN’s vehicle that had caused the damage. The police contacted NN and he made admissions to the police that he had been driving that early morning, but he had no memory of the accident. The police served a citation for leaving the scene of a property damage accident on NN, and a Clerk-Magistrate Hearing was scheduled in Newburyport District Court for October 25, 2023. NN consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin contacted the homeowner whose truck and house had been damaged. Fortunately for NN the cost to repair the damage to the house and the pickup truck was not great. NN did not want to be surcharged on his insurance. Attorney Lewin was able to negotiate a reasonable settlement of the damage to the truck and the house which NN was more than willing to pay. Attorney Lewin then spoke to the police prosecutor from Rowley and explained that Attorney Lewin had been able to arrange for the neighbor to be fully paid for the damage that had been caused. In return, Attorney Lewin was able to get the police to agree that at the Clerk-Magistrate Hearing the police would not be opposed to a criminal complaint NOT being issued against NN.

June 4, 2024

Another Domestic Assault & Battery Charge Avoided

by Robert D. Lewin

On Saturday, April 13, 2024, DP, a 49 year old registered nurse from Andover, went to her ex-husband’s house. She had just finished a work shift and had called her two young daughters who were at her ex-husband’s house for his parenting time. When she called she could tell that he had been drinking and was not sober. She immediately drove to his house from her work to get the girls (ages 11 and 9). When she got there and went to check on the girls, he blocked her way. She pushed him out of the way and in the process cut his lip. He called 911 and the police came. The police did not arrest her, but told her she would be summonsed to court. Shortly thereafter, DP received a notice from Lawrence District Court that an Application for Criminal Complaint had been filed against her by the Andover Police for domestic assault and battery and that a hearing would be held on May 30, 2024 to determine if a criminal complaint would be issued against her. DP consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin felt it would be outrageous if in these circumstances DP would be charged. She went to the house to protect her daughters. Attorney Lewin immediately contacted DP’s ex-husband and he agreed (!) that DP should not be charged. Attorney Lewin had a lengthy communication with the Andover Police Prosecutor and laid out all the facts for him.

On May 30, 2024, DP and Attorney Lewin (and DP’s ex-husband) appeared at Lawrence District Court for a Clerk-Magistrate Hearing. Attorney Lewin had DP’s ex-husband testify that he did not want a criminal complaint to be issued against DP. Attorney Lewin explained all the circumstances to the Clerk-Magistrate. The Clerk-Magistrate agreed with Attorney Lewin and denied the application for criminal complaint and dismissed the case.

April 28, 2024

Another Hit & Run Charge Avoided

by Robert D. Lewin

On January 11, 2024, JM, a 20 year old sheet metal worker, was on his way to work at 6:45 in the morning. He was driving on a street in Andover when a Town Forestry truck with a chipper attached pulled in front of him. He braked but could not stop and struck the rear of the chipper. He kept driving and left the scene without stopping and giving his info. Several hours later, after talking the situation over with his father, he drove to the Andover PD and self-reported the accident. The police told him he should have stopped at the scene and they gave him a citation for leaving the scene of an accident! (Only in Andover would the police cite someone who 3 hours after the accident self-reported the accident.)

As a 20 year old driver, JM was facing a substantial loss of license if charged and convicted. JM and his father contacted and hired Attorney Robert Lewin from Andover. Attorney Lewin advised JM to immediately request a clerk-magistrate hearing which JM did. Attorney Lewin contacted the Andover Police Prosecutor and pointed out that within three hours of the accident JM self-reported the accident and identified himself as the driver of the car. Attorney Lewin did some investigation and it turns out that although there was clearly a collision between JM’s vehicle and the chipper, the chipper had not sustained any damage. One of the elements of the crime of Leaving the Scene (Hit and Run) is that there must be some damage to the other vehicle. JM’s vehicle was damaged, but it turns out that the chipper had sustained no damage. Attorney Lewin was able to get the Town Forestry Assistant Manager to confirm that there was no damager to the chipper. Attorney Lewin notified the Police Prosecutor that there was no damage to the chipper.

On April 25, 2024, JM and Attorney Lewin appeared at Lawrence District Court for the Clerk-Magistrate hearing. The case was called and JM and Attorney Lewin walked into the hearing room. The Assistant Clerk-Magistrate and the Police Prosecutor were present in the room. It was obvious that the Clerk-Magistrate and the Police Prosecutor had discussed the case. The Clerk-Magistrate turned to Attorney Lewin and said what would you like me to do. Attorney Lewin said dismiss the case. The Clerk-Magistrate then said “I am entering a finding of NO probable cause and NO criminal complaint will be issued. This matter is dismissed” The hearing took about 30 seconds.