Massachusetts Criminal Lawyer Blog
On January 26, 2020, EG, an 18 year old female high school senior, went to an under 21 night club in Cambridge with two girlfriends. EG had never been there before. At about 1:30 am as EG and her two girlfriends were leaving the club, a twenty year old female who had also been at the club was attacked by three girls who had been at the club. The attack was vicious. The victim’s jewelry was ripped from her body; her iphone was stolen; and a wig that she wears because of a medical condition was ripped off her head. Two of the three girls were identified by a witness who knew them. The third attacker was not identified. As the result of certain text messages sent from EG’s phone, EG was asked to go to the Cambridge Police Station. EG went and met with the police and gave a recorded interview that lasted over an hour. EG steadfastly denied taking place in the attack. Nevertheless, she was charged with being the third attacker. EG was totally innocent and had not participated in the attack in any way. EG was charged with unarmed robbery – a felony punishable by up to life in prison. EG had already been accepted to a prestigious college and needless to say this charge could have derailed her plans for college.
EG and her Mother sought out an attorney. EG and her Mother met with Attorney Robert Lewin of Andover. Due to the coronavirus they met via FaceTime. The initial interview took over two hours. Attorney Lewin explained the seriousness of the charge and what needed to be done to properly prepare and investigate the case. EG and her mother retained Attorney Lewin.
Attorney Lewin sent his investigator out to speak with the two women who had been with EG that night. They both gave statements to the investigator that exonerated EG. They both told the investigator that they and EG left the club together; that they saw the fight taking place; that none of them – including EG – had anything to do with the fight; that they then left the area of the club and went home. One of the girls also told the investigator that her cell phone had died and that she used EG’s cell phone to send the text messages that the police found concerning.
In discovery Attorney Lewin was able to obtain a surveillance video of the scene. It showed the fight. Nowhere in the video could EG be seen.
In addition, Attorney Lewin closely reviewed the police reports. No one identified EG as being a participant in the fight.
Attorney Lewin contacted the Assistant District Attorney assigned to the case and in a lengthy email detailed all the evidence that clearly showed that EG was innocent. The DA was reluctant to drop the charge. EG’s arraignment in Cambridge District Court was set for October 6, 2020. Attorney Lewin knew it was critical to avoid an arraignment if at all possible. When an arraignment takes place, that is when a criminal record is created. EG had already begun college and if she got arraigned she would have to notify the college. Attorney Lewin prepared and filed a Motion to postpone the arraignment. Attorney Lewin literally hounded the DA’s Office to agree to postpone the arraignment so that the DA and the Cambridge Police could review the evidence.
On October 6, 2020 the case was called in Court and by agreement the arraignment did NOT take place and the arraignment was put off to November 6, 2020. Once again Attorney Lewin hounded the DA’s Office with calls and emails urging the DA’s Office to dismiss the case prior to the arraignment taking place. On November 3, 2020 Attorney Lewin received a call from the DA’s Office telling him that the DA’s Office was going to dismiss the case without EG being arraigned. Attorney Lewin contacted EG and her mother and gave them the news. They were ecstatic! On November 6, 2020 Attorney Lewin and EG appeared in court via zoom. The case was called. The Assistant District Attorney told the Judge the Commonwealth was moving to dismiss the case prior to arraignment. The Judge then ordered the case dismissed prior to arraignment.
After court, Attorney Lewin explained to EG that as a result of the case being dismissed prior to arraignment the following should be noted;
- EG had NO criminal record.
- NO entry was made in the CORI (Criminal Offender Record Information) system.
- EG had no obligation to report this incident to her college.
Later that day Attorney Lewin received a beautiful bouquet of flowers from EG and her Mother. It just doesn’t get much better.