Massachusetts Criminal Lawyer Blog
For 25 years RJ had a secret love for CL, a woman RJ had worked with for 4 years from 1989 to 1993. RJ was very very shy and never asked CL out on a date and never told her of his affections for her. For 25 years RJ “kept tabs” on CL, knowing where she worked and where she lived. He would go for walks near her home always hoping to catch sight of her. He would go for walks near her workplace hoping to see her. In 2013 he would drive to her neighborhood, get out of his car, and go for walks when he knew she would be out. He would walk on the opposite side of the street. On occasion he would walk past her – never saying anything to her. CL began to notice this man showing up near her place of work and near her home and following her (not realizing who he was). She became alarmed and notified the police. CL’s neighbors also noticed the man and the neighbors became concerned. Someone got his license plate and gave it to the Billerica police. The Billerica police contacted RJ and had him come to the police station. He immediately confessed to 25 years of following CL. The police charged RJ with criminal harassment and the case was set up for a Clerk’s Hearing in Lowell District Court on February 14, 2014. RJ retained Attorney Robert Lewin of North Andover. Attorney Lewin realized that RJ was a very shy and simple man. He had no intention to harm or frighten CL. Prior to the hearing Attorney Lewin had spoken to both the police prosecutor and the officer in charge of the investigation. Attorney Lewin was able to convince the police that RJ had no intentions to harm or cause hardship to CL. On February 14, 2014 RJ and Attorney Lewin appeared in Lowell District Court for the Clerk-Magistrate Hearing. Attorney Lewin explained the case in detail to the Clerk. The Clerk-Magistrate agreed with Attorney Lewin that this was an appropriate case not to issue a criminal complaint. The Clerk-Magistrate continued the hearing for six months to August 14, 2014. On August 14, 2014 the application for criminal complaint was DISMISSED. As a result of this disposition RJ was not arrested, he was not charged, no criminal complaint was issued against him, and no criminal record was created. It was as if it did not happen. The solution to this case was in the preparation and the communication. Attorney Lewin communicated directly with both the Police Prosecutor and the Investigating Officer well before the hearing and got them to agree for the Magistrate not to issue the complaint.