Theft

December 19, 2021

Shoplifting Charge (Fourth Offense) Avoided

On October 2, 2021, NS, a 38 year old alien (green card holder) from India was caught shoplifting in Macy’s in Saugus. Macy’s had her on video and actually had her on video on three prior occasions shoplifting in the store. The loss prevention officer escorted NS back to the security office and the Saugus Police were called. The Saugus Police took her information and did not arrest her; they told her she would receive a notice from the Lynn District Court.

NS and her husband began a search for a lawyer. NS and her husband consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained how lucky NS was that the police did not arrest her. They could have and then she would have been fingerprinted and she would have to appear before a Judge and a criminal record would have been created. Attorney Lewin immediately contacted the Saugus Police Prosecutor to request that the case be set up for a Clerk-Magistrate Hearing. This was done.

Attorney Lewin recognized that NS had a serious problem. NS completely lacked the ability to see the situation she was in. NS kept saying it was an accident and a mistake. Attorney Lewin pointed out that stealing merchandise four times from the same store was not an accident or mistake. On four different occasions NS had gone into the store with the intention to steal; she had picked up merchandise, placed it into a bag, then hidden the merchandise under other items in the bag, and then walked out of the store without paying. Those were all intentional acts that required planning and execution. Attorney Lewin explained to NS and her husband that if Attorney Lewin tried to sell her behavior to the police prosecutor and the Clerk-Magistrate as an “accident or mistake” that the police would not cooperate nor would the Clerk-Magistrate.

April 10, 2021

THREE WARRANTS – TWO COURTS – ALL CASES DISMISSED

by Robert D. Lewin

MT, is a building and roofing contractor. He is now (April of 2021) age 57.

In 1994 he took a $5,350.00 deposit from a customer in Andover, MA but did not do the work. He was charged by the police with Grand Larceny. In 1994 he went to Lawrence District Court, was found guilty, and was ordered to pay restitution in the amount of $5,350.00. He failed to make the payment and a default warrant issued for his arrest.
In 2015 he took a $4,000.00 deposit from a couple in Chelmsford, MA but did not do the work. The police charged him with Grand Larceny and a straight warrant for his arrest was issued by Lowell District Court. (A straight warrant simply means the court did not summons him; rather than a summons the court issued a “straight” warrant.)

April 7, 2021

SHOPLIFTING TWINS – CASES DISMISSED – NO CRIMINAL RECORD

by Robert D. Lewin

On Friday, August 21, 2020 two 18 year old twins got caught shoplifting at Walmart in Tewksbury. The police were called to the store and the twins were arrested. They were bailed from the Tewksbury Police station and told to appear in Lowell District Court on Monday, August 24, 2020. Over that weekend the twins met with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained that the twins would qualify for the Middlesex County District Attorney’s Young Adult diversion program. The program essentially allows young adults to avoid prosecution for certain criminal offenses.

Over that weekend Attorney Lewin prepared a Motion to Divert the cases out of the criminal court system. On Monday, August 24, 2020 the twins and Attorney Lewin appeared in Lowell District Court. At Attorney Lewin’s request neither girl was arraigned. This is important because it is the taking place of the arraignment that creates a criminal record. Instead the cases were referred to the diversion program and the cases were continued to October 8, 2020 to see if the Diversion Program would accept the twins. On October 8, 2020 everyone appeared virtually (the twins had gone off to college and were away from Lowell) and the Assistant District Attorney and Attorney Lewin reported to the Judge that the twins had been accepted into the Diversion Program. On October 8, 2020 the arraignment again did not take place and the cases were continued until April 5, 2021 to allow the twins to complete the diversion program.

The twins successfully completed the diversion program. On April 5, 2021 the twins and Attorney Lewin appeared virtually one last time before the Court. The Assistant District Attorney and Attorney Lewin reported to the Judge that both young women had successfully completed the Diversion Program. The Judge then ordered both cases DISMISSED, prior to arraignment. Attorney Lewin explained to the two young women that because the cases were dismissed prior to any arraignment taking place the following took place:

September 3, 2019

EMPLOYEE THEFT CHARGES DISMISSED

by Robert D. Lewin

KS, a 27 year old male from Reading, worked as a manger for a self-storage company with locations in many areas including Malden and Salem. Part of his job was to make deposits at the bank each day of the checks and cash he took in from customers. One day he was called into the office and accused of not making the deposits on several dates from both the Salem and Malden locations. He denied the accusations; however, he could not account for what happened to the checks and cash that were taken in on his watch. The police were called in and an investigation ensued and the evidence against KS was overwhelming.

KS had some emotional issues and a slight learning disability. KS’s parents got involved and contacted Attorney Robert Lewin from North Andover. KS and his parents met with and then retained Attorney Lewin. Attorney Lewin explained to KS and his parents that if there is one thing that can help make this type of case go away it is paying the money back. The amounts of money were not large ($562 from the Salem facility and $457 from the Malden facility). KS and his family asked Attorney Lewin to see if the cases could by ended without court by paying the money back.

Attorney Lewin immediately contacted the Malden Police, the Salem Police, and the employer. The employer was interested in getting their money back and agreed to tell the police that if they were paid back they would not push for KS to be prosecuted in court. Attorney Lewin spoke directly with the Malden Police Officer handling the theft in Malden and he was agreeable to not bringing charges against KS if the money were paid back. The Salem Police, however, had already filed for a criminal complaint against KS prior to Attorney Lewin entering the case. That case was in Salem District Court; however, KS had not yet been arraigned. Attorney Lewin immediately contacted the District Attorney at Salem District Court and explained the situation. On July 8, 2019 KS and Attorney Lewin appeared in Salem District Court. Attorney Lewin asked that KS not be arraigned but that the arraignment be postponed to give the District Attorney time to confirm that the employer had been paid and that the employer was not interested in prosecution. The reason Attorney Lewin did not want KS to be arraigned is that once he would have been arraigned an entry would be made on KS’s criminal record. It is the taking place of the arraignment that creates a criminal record.