Massachusetts Criminal Lawyer Blog
On April 2, 2019, EB, a 14 year old 8th grader from Lynn and a group of other youths gathered at an abandoned school building in Lynn and with a set of large wire cutters attempted to break into the building. The youths were caught by the police and charged with Possession of Burglar’s Tools (a felony), Attempted Breaking and Entering, and Trespass. EB (and his parents) were summonsed to appear in Lynn Juvenile Court for an arraignment on April 19, 2019. EB’s parents consulted with and retained Attorney Robert Lewin from North Andover to represent EB.
Attorney Lewin immediately went to Lynn Juvenile Court and obtained copies of the police reports. Attorney Lewin then went to the District Attorney’s Office (next door to the Juvenile Court) and met with the staff of the Essex County Juvenile Diversion Program for Lynn Juvenile Court. Attorney Lewin pointed out that this was EB’s first violation of the criminal law and that EB was an excellent candidate for the Juvenile Diversion Program. The Juvenile Diversion Program is a program run by the District Attorney’s Office that literally diverts (removes) a case out of the Juvenile Court system. The program typically consists of some hours of community service, writing a paper, and getting counseling. In return for that the Juvenile case is DISMISSED and NO criminal/juvenile record is created. It is a win-win.
The District Attorney in EB’s case agreed with Attorney Lewin that EB was a good candidate for diversion. On April 19, 2019 EB, his parents, and Attorney Lewin appeared in Lynn Juvenile Court. Although the case was scheduled for EB to be arraigned, the arraignment did NOT take place and EB’s case was diverted out of the Court system. EB has to do 20 hours of community service and meet with a counselor. If EB complies with the program and stays out of trouble then in six months EB will NOT have to return to Court and all the charges will be DISMISSED. Because EB’s case was diverted prior to EB being arraigned, EB will not have any criminal or juvenile record. That is why diversion can be such a favorable resolution of a case.
EB and his parents and Attorney Lewin all left Lynn Juvenile Court very happy on April 19, 2019.