Massachusetts Criminal Lawyer Blog
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.