Clerk-Magistrate Hearings

September 23, 2024

Another Shoplifting Charge Avoided

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.

December 10, 2023

Juvenile Negligent Operation Charge Diverted

by Robert D. Lewin

LS, a 17 year old high school student, took one of his family cars and decided to do a time trial on an Andover Street. He had three other kids in the car with him. Going around a corner at a high speed he lost control and crashed into a stone wall. Fortunately for LS no one was hurt and the other three kids in the car took off. A neighbor called the police and the Andover Police arrived shortly thereafter. LS was cited by the police for speeding and negligent operation. LS and his parents met with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately told LS to file the citation at the Clerk-Magistrate’s at Lawrence Juvenile Court. The filing of the citation at the court preserved LS’s right to a Clerk-Magistrate Heating BEFORE a juvenile complaint was issued against him.

Negligent Operation is what is called a Chapter 90 Offense; Chapter 90 is the Massachusetts Motor Vehicle law. Juvenile’s, with no prior court involvement, are typically eligible for consideration into the Juvenile Diversion program. The Juvenile Diversion Program causes a criminal (juvenile) charge to be “diverted” out of the criminal justice system. As a matter of practice, however, Chapter 90 Offenses (such as Negligent Operation in this case) will not be diverted.

After being hired, Attorney Lewin went over to the Juvenile Court in Lawrence to review the court papers and get a copy of the police report. The Clerk-Magistrate informed Attorney Lewin that the police had not yet filed their paperwork at the Court. There is a little known rule called the “6-Day Rule”. The Motor Vehicle Law contains a provision that the police must file their paperwork at the court within 6 business days of the violation. When Attorney Lewin saw that the police had not filed their paperwork (on the fourth business day), Attorney Lewin called LS and his parents and told them we are doing to go silent and wait and see if the police file within the 6 business days. And wait they did. Finally on the 15th business day after the violation the police filed their paperwork at the Court. Attorney Lewin immediately filed a Motion to Dismiss the case for violation of the 6 day rule.

December 10, 2023

Another Hir & Run Charge Avoided

by Robert D. Lewin

On September 19, 2023, BL, a 60 year old nurse from Methuen, went to a store in Haverhill,. As she pulled down the street in the front of the store her passenger side outside mirror struck the driver side outside mirror of a car parked on the street. All of this was captured on an on street video camera. BL continued down the street a short distance and then parked. BL is then seen walking over to the struck vehicle, looking at it the mirror was hanging down by a wire), and then continuing to the store. She is then seen leaving the store with three other people, walking over to the struck vehicle, and then walking to her vehicle and drive away. She did not offer her information. The incident was reported to the police. The police viewed the video. Her license plate number had been written down by someone at the scene. The police cited BL for leaving the scene of a property damage accident and her case was set down for a Clerk-Magistrate Hearing on December 8, 2023.

BL contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained copies of the police report and contacted the Haverhill Police and was able to obtain from the police a copy of the on street video and a copy of the photos of the struck video. BL could not afford to lose her license as she is a private duty nurse who travels everyday from Methuen to Merrimack to care for a patient. A conviction of a hit and run property damage case carries as 60 day loss of license. Attorney Lewin advocated on BL’s behalf with the police to agree to a disposition where BL would not be charged.

The hearing was a zoom hearing. Prior to the hearing Attorney Lewin had obtained and electronically filed at Haverhill District Court a notice that the man whose car had been struck had been fully compensated for the damage to his vehicle by his insurance company. On December 8, 2023, Attorney Lewin and BL appeared on the zoom along with the Clerk-Magistrate and the Police Prosecutor. Attorney Lewin advocated strenuously to the Clerk-Magistrate not to issue a criminal complaint against BL.

November 8, 2023

ANOTHER SHOPLIFITNG CHARGE AVOIDED

by Robert D. Lewin

On August 22, 2023, QG, a 48 year old executive administrator for a high tech company, got caught shoplifting in Target in Danvers. She had picked up a number of items and went to the self check out machine. She put several low cost items thorough the scanner and simply put the other items in a shopping bag without scanning them or paying for them. She then headed for the exit. As she was leaving the store she was stopped by a loss prevention officer and returned into the store. Unfortunately for QG, she had been observed shoplifting on prior occasions and the loss prevention officer recognized her from previous video tapes. The Danvers police were called to the store and told QG that she would receive a notice from Salem District Court. QG then received a Notice of a Clerk-Magistrate Hearing to take place on October 24, 2023. QG became very concerned that if her employer learned of this that she would be fired. QG contracted several lawyers and had a free initial zoom consult (1 1/2 hours) with Attorney Robert Lewin from Andover. QG retained Attorney Lewin.

Attorney Lewin immediately obtained copies of all the court papers and police reports. Attorney Lewin then called the Police Prosecutor and advocated with the prosecutor to resolve the case at the Clerk-Magistrate Hearing without a criminal complaint issuing against QG.

On October 24, 2023 Attorney Lewin and QG appeared at Salem District Court for the hearing. Attorney Lewin advocated for the clerk to not issue a criminal complaint against QG. The Clerk-Magistrate asked the prosecutor for his input. The prosecutor told the Clerk that he had spoken with Attorney Lewin and that he had no objection to a criminal complaint not issuing against QG. The Clerk-Magistrate then said he would continue the hearing for 3 months without issuing a criminal complaint and if there were no reports of QG breaking the criminal law then at the end of the three months no one had to come to court and the Application for Criminal Complaint would be denied and dismissed.