Massachusetts Criminal Lawyer Blog
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.
The District Attorney agreed and the Judge agreed to postpone KS’s arraignment for two weeks to give the District Attorney an opportunity to verify that the employer had been paid and that the employer did not have an interest in KS being prosecuted.
On July 22, 2019 KS and Attorney Lewin returned to Salem District Court and the District Attorney told the Judge that the employer had been paid and that the employer was satisfied. Attorney Lewin then requested that the Judge order the case dismissed prior to arraignment. The Judge agreed and the case against KS was dismissed prior to arraignment. Because the case was dismissed without KS being arraigned no criminal record was created.
KS and his parents and Attorney Lewin left the Salem District Court. KS’s parents thanked Attorney Lewin for keeping KS’s record clean. KS’s parents then had a long talk with KS.
This case is a good example of how some criminal cases – if attacked early enough – can be killed without prosecution. Attorney Lewin immediately contacted the employer and the two police departments and put together a resolution that kept KS from getting a criminal record.