Massachusetts Criminal Lawyer Blog
On December 27, 2023, a group of young teenagers had finished playing basketball at a park in Newburyport. It was early evening and the group of 7 boys was walking on the side of a street in Newburyport. A tow truck turned onto the street and proceeded down the street. The boys saw the truck and signaled the driver to blow the horn on the truck. The driver obliged and gave a loud blast of the horn. According to the police report, the boys all laughed and one of the boys yelled out the “N …” word and spit at the driver – who it turned out was a black man. The driver stopped the truck and called 911. The boys all ran. The police responded and quickly found 5 of the 7 boys. The 5 boys at first denied everything, but then admitted to the police that SU, a 13 year old boy, had been the boy who yelled the N word. The police went to SU’s house where they spoke with SU and his Mother. SU admitted to having used the N word, but denied spitting at the driver. In Massachusetts contact spitting is an assault and battery. The police charged SU with Disorderly conduct and Assault and Battery.
SU’s parents met with (over zoom) and retained Attorney Robert Lewin from Andover to represent SU. Attorney Lewin prepared a comprehensive Motion to have the case diverted. When a case is diverted, it is removed from the criminal/juvenile justice system and, most importantly, no criminal/juvenile record is created.
On February 28, 2024, SU, his parents, and Attorney Lewin appeared in Juvenile Court in Newburyport. The Judge had read Attorney Lewin’s comprehensive Motion for Diversion (which included a copy of SU’s excellent report card from school). After a hearing, the Judge ordered that SU was NOT to be arraigned and the Judge ordered the case diverted. Specifically the Judge continued the case for 3 months and ordered SU to write a letter of apology and an essay. If SU writes the letter and the essay and stays out of any further trouble, then on June 5, 2024, SU and his parents will not have to return to court and the case will be dismissed without arraignment and no criminal/juvenile record will be created.
Getting a case dismissed without arraignment taking place is a big win. A criminal and/or juvenile record gets created when the arraignment takes place. If a case is resolved without the arraignment taking place no criminal or juvenile record is created. For a juvenile like SU, who is an excellent student in school, keeping his record clean is very important. SU, his parents, and Attorney Lewin all left the courthouse happy.