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KC, a 14 year old juvenile, resides with his parents in Georgetown, MA. For months he has been bullied by a 17 year old youth also from Georgetown. On Wednesday, April 3, 2019 KC was walking with several friends towards KC’s house. They were about thirty yards away from KC’s house when the bully rode by in a car. As the bully passed KC, the bully yelled out “Fuck you, you fucken pussie, you won’t fight me.” The car went up the street, turned around and came back. The bully got out of the car and yelled at KC “Fuck you; I’ll beat your ass.” The bully came at KC. KC happened to be carrying CO2 cartridge Air Soft Gun. He pulled out the gun which but for the orange tip and the white tape on the barrel looks just like a real gun.  The bully kept advancing and KC fired the gun at the bully.

The police arrived within minutes. The gun was confiscated from KC. KC’s mother had arrived at the scene. Because of his young age the police did not arrest KC but told his mother that KC would be summonsed to juvenile court. Subsequently KC received a summons to appear in Lawrence Juvenile Court for an arraignment on a charge of Assault & Battery with a Dangerous Weapon. This charge is a felony and is NOT a charge that can be diverted by a Judge.

KC’s mother and father contacted and with their son met with Attorney Robert Lewin from North Andover. After a lengthy initial consultation which was free KC’s parents retained Attorney Lewin. It was very clear to Attorney Lewin that KC had acted in self-defense following a long period of bullying.

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In 2018 DE graduated from Phillips Academy in Andover. On June 1, 2019 he decided to return to Andover to celebrate his first reunion with classmates and friends. Of course, there was a young lady who was due to graduated on June 2, 2019 and DE and she had been in a romantic relationship. She wanted to see him badly; in fact she wanted him to stay the night with her in her dorm room. She called him and texted him imploring him to come be with her. He did not want to and told her that he was with a number of friends. She persisted and finally he agreed. Her dorm was a locked dormitory. She opened the locked outer building door and left it wedged open so that he would be able to get in. He came to the wedged open door and entered the building and went up to her room. Subsequently another dorm resident reported that there was a male in the building and the dorm director went to the girl’s room. DE was discovered hiding in the closet. The girl, fearing that she would not be allowed to graduate the next day, told the dorm director that he had been calling her insisting that she let him in; that she had told him not to come to the dorm or her room; that he came anyway and that he burst into her room; that she told him to leave and that he refused. The school notified the police and the police charged DE with Breaking and Entering a building in the nighttime with the intent to cause a misdemeanor. The case was set up for a hearing before a Clerk-Magistrate at Lawrence District Court.

DE and his family live in New York and they were told to call Attorney Robert Lewin from North Andover. DE and his father had an initial free consultation with Attorney Lewin on the phone that lasted about 1 1/2 hours. DE’s father immediately retained Attorney Lewin. Attorney Lewin had DE send to Attorney Lewin all the text messages that DE had exchanged with the girl. The text messages were terrific evidence that the girl had lied when she reported that he arrived uninvited. Not only did she explicitly insist that he stay overnight with her she asked him to “bring alcohol” (which he did not do).

On July 18, 2019 DE, his father, and Attorney Lewin appeared in Lawrence District Court for the Clerk-Magistrate Hearing. These Clerk-Magistrate Hearings are important because it is an opportunity to kill a criminal case BEFORE it goes before a judge and BEFORE it goes on your criminal record. At the hearing the police prosecutor read the police report. Attorney Lewin then produced the text messages and read them message by message. When Attorney Lewin was done the Clerk-Magistrate looked at the Police Prosecutor and said “where is the crime?” The young man was invited in and he had no intent to commit a crime when he entered the building. The Clerk-Magistrate denied the police application for a criminal complaint.

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VK is a thirty-one year old Marine stationed is California. His work in the marines requires him to have a driver’s license. In 2005 VK was arrested by the Lowell Police for several misdemeanor charges. He never went to court and for 14 years a warrant for his arrest was outstanding. As a result of the warrant the Massachusetts Registry of Motor Vehicles suspended his license. In 2019 this suspension of his license finally caught up with VK. VK contacted Attorney Robert Lewin from North Andover and explained his situation. On July 14, 2019 VK retained Attorney Lewin.

Attorney Lewin immediately went over to Lowell District Court and obtained copies of all the papers in VK’s case. Attorney Lewin then prepared a Motion to Waive (Excuse) VK’s personal appearance in Court, to Cancel the warrant, and to dismiss the case. Attorney Lewin met with the Assistant District Attorney and explained that VK was a career marine and needed to get the warrant cleared so that he could remain in the marines and that he did not have the funds to return to MA. The Assistant District Attorney was persuaded by Attorney Lewin’s request and agreed.

On July 16, 2019 (less than 48 hours after being hired) Attorney Lewin went into Lowell District Court. Attorney Lewin had the case brought forward and sent in to the main courtroom. Attorney Lewin went before the Judge and presented the Motion to Waive VK’s personal appearance in Court, cancel the warrant, and dismiss the case. The Assistant District Attorney told the Judge they had no objection. The Judge granted Attorney Lewin’s motion. The warrant was ordered CANCELLED and the case was ordered DISMISSED. The Judge was so impressed with VK’s service history (Attorney Lewin had received that via email from VK and given it to the Judge) that the Judge ordered the case dismissed prior to arraignment. Because the case was dismissed prior to arraignment the case does not go on VK’s criminal record. It is as if it did not happen.

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On March 30, 2019 SS, a 30 year old landscaper from Haverhill and his live in girlfriend got into an argument. They had both been drinking and the argument got heated. They live in an apartment building. A neighbor heard the argument and then heard a banging sound and the sound of a body being banged against the wall and then dropping to the floor. The neighbor then heard SS yell “Is this what you f—ing want?”. The neighbor called 911 and the Haverhill Police responded. The girlfriend told the police that SS had slammed her to the ground causing her whole body to hurt. SS told the police that she had attacked him and he simply put his hands up and pushed her away to avoid getting hit by her.

SS had an initial consultation with and hired Attorney Robert Lewin from North Andover. At first SS wanted to work out a plea bargain in the case. Attorney Lewin told SS that his case was a triable case. SS then changed his mind and told Attorney Lewin that he wanted to fight the case. On April 22, 2019 the Haverhill District Court set a trial date of July 9, 2019.

Attorney Lewin met with the girlfriend. Because SS and the girlfriend were not married she did not have a “spousal privilege” which would allow her to refuse to testify. Because there was evidence that the girlfriend had attacked SS the girlfriend did have a Fifth Amendment privilege which would permit her to refuse to testify in the case. The girlfriend told Attorney Lewin that she wished to exercise her Fifth Amendment privilege.

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XM, is a 46 year old project manager for a large contractor. XM resides in a community north of Boston and in March of 2019 ran an ad on Craig’s List soliciting sex (a hand job) for a fee ($40). The ad was picked up by the local police department and they set up a sting. An officer replied to the ad via email. An exchange of emails between the undercover cop and XM was recorded and a meet was set up. The price and the sexual conduct was agreed to in the emails. XM arrived at the agreed upon location at the agreed upon time. XM then sent an email describing his truck. The police arrived and XM was asked to come to the station which he agreed to do. At the station XM confessed. XM was not arrested but was told to expect paperwork from the Woburn District Court. XM consulted with and retained Attorney Robert Lewin of North Andover. Attorney Lewin explained that it would be important to speak with the police prosecutor right away to see if a Clerk-Magistrate Hearing could be set up, before an actual criminal complaint was issued by the Court. Attorney Lewin spoke with the police prosecutor and explained XM’s situation. XM and his wife had just had a baby and his wife was suffering from post partum depression and it had been several months since they had had sex. He was just seeking a release and was willing to pay for it. Attorney Lewin advocated with the police to reach a resolution of the case at a Clerk-Magistrate hearing so that XM would not be charged. The police agreed to Attorney Lewin’s request.

On June 4, 2019 XM and Attorney Lewin appeared in Woburn District Court for a Clerk-Magistrate Hearing. The police report was read to the Clerk-Magistrate. The Clerk-Magistrate found that there was probable cause to issue the criminal complaint against XM and send the case to court. The Clerk-Magistrate asked Attorney Lewin about XM. Attorney Lewin gave a comprehensive background statement to the Clerk-Magistrate and asked the Clerk-Magistrate not to issue the criminal complaint. The Clerk-Magistrate agreed. The Clerk-Magistrate continued the hearing for six months and ordered that if XM stayed out of trouble with the law then on December 4, 2019 neither XM nor Attorney Lewin would have to return to court and the application for criminal complaint would be DISMISSED.

As a result of this disposition Attorney Lewin pointed out the following to XM

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On Thursday, May 23, 2019, NG, a 49 year old woman from Wilmington, was driving home from work. She exited off Route 93 at the Dascomb Road exit in Andover and fainted and crashed into a guardrail. The police and fire department arrived at the scene. According to the police report NG appeared disoriented and could not remember the moments leading up to the accident. The police submitted an immediate threat medical to the Registry and the next day, May 24, 2019, the Registry suspended NG’s license for “immediate threat medical”. On Wednesday, May 29, 2019 NG and her husband consulted with Attorney Robert Lewin of North Andover. Attorney Lewin explained the “immediate threat” process to NG and explained what NG had to do to get her license back. On Thursday, May 30, 2019 NG retained Attorney Lewin. Attorney Lewin explained that NG had to  go first to the RMV and obtain the Medical Evaluation Form AND the Loss of Consciousness Form and the Police Report of immediate threat. Attorney Lewin explained to NG that she then had to go to her doctor and have her doctor complete both forms. Attorney Lewin further explained that when NG had the completed medical forms then NG and Attorney Lewin could go to the RMV and have a hearing to get NG’s license back. NG got very lucky as her doctor was available that same day. She went to her doctor and the doctor completed all the forms and certified that NG as competent to drive without a road test. The next day NG and Attorney Lewin went to the RMV in Lawrence and had a hearing. At the completion of the hearing the hearing officer reinstated NG’s license.

Within 48 hours of first meeting Attorney Lewin and within 24 hours of hiring Attorney Lewin NG had her license back. NG and her husband were thrilled. They both work and she absolutely needed her license. Success in this case was in great part dependent upon two facts: (1) that Attorney Lewin was intimately familiar with the “immediate threat process” and gave NG very specific instructions on what she had to do and (2) that NG followed through on all the instructions and did not delay.

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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.

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On December 30, 2018, MQ, a 51 year old woman from Billerica, drove to the Burlington Mall. She entered the parking lot and searched for a space. She spotted a space in an aisle and headed toward the space. As she approached the space a woman (whom we shall call W) driving an SUV coming from the opposite direction pulled into the space directly passing by the front of MQ’s car.  According to a Burlington Police Department Report, W told police that MQ stopped her vehicle and began screaming at W “F–k you, I was waiting for that space.” According to the police report W said that MQ continued screaming. As W (and her teenage daughter) began to walk toward the mall entrance W wrote down the plate number of MQ’s vehicle. W also noticed MQ walking around W’s car. W entered the mall and did her shopping. When she came back out and went to her car there was a long scratch that went around the car (the whole passenger side, the front hood, and the whole driver side). W immediately called the police. The Burlington Police responded. From the license plate they learned that the owner of the car was MQ and they called MQ. According to the police report MQ denied scratching the car, but then began “yelling into the phone “I was walking around the car because I was thinking about keying it but I never did.”

The police filed an application for criminal complaint against MQ for malicious damage to a motor vehicle. A conviction of this offense carries a one year loss of your driver license.

MQ sought out an attorney. She met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin explained the law in detail to MQ and cautioned her that a conviction would carry a one-year loss of her driver’s license. MQ lived in Billerica and worked in Cambridge and absolutely needed a license to get back and forth to work.

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On March 15, 2019, LN, a 35 year old woman from Plaistow, NH, drove to Haverhill, MA and parked outside a house in Haverhill. Shortly thereafter a man came out of the house and went over to LN’s car and sold LN a small amount of cocaine for $30.00. Unfortunately for LN (and the man), undercover plain clothes officers had the man and his house under surveillance for drug distribution. The police stopped LN and seized the cocaine from her. She was subsequently summonsed to Haverhill District Court charged with Possession of Cocaine and Conspiracy to Violate the Drug Law. LN’s arraignment was scheduled for April 18, 2019. LN consulted with and retained Attorney Robert Lewin from North Andover in the evening of April 15, 2019 (three days before her court date). Attorney Lewin immediately went to Haverhill District Court the next morning and obtained copies of all the relevant court papers and the police report.

Essex County has a Drug Diversion Program. The purpose of the program is to take persons accused with a drug offense and give them an opportunity to avoid prosecution and get their cases dismissed provided they comply with a treatment program and remain free of drugs, alcohol, and marijuana. One of the considerations in determining an offender’s eligibility is the existence or non-existence of any criminal record. This was a problem for LN as she had two felony welfare fraud convictions; one in Florida and one in New Hampshire. Attorney Lewin met with the Assistant District Attorney and discussed the case with an eye toward getting the case diverted out of the criminal justice system. Attorney Lewin also spoke with the director of the Drug Diversion Program and she felt that LN’s case was a good case for diversion, notwithstanding her two out of state convictions. On April 18, 2019 LN and Attorney Lewin appeared in Haverhill District Court for LN’s arraignment.

Attorney Lewin explained to the Judge that an agreement had been reached for LN’s case to be diverted. The Judge then approved diversion of the case. As a result, the prosecution of the two criminal charges against LN was put on hold. LN has been referred to the Diversion Program. The program will last six months and LN must comply with the following conditions:

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On March 26, 2019, KF, a 14 year old 8th grade student in an Essex County town, was with several friends in the school cafeteria at lunch time. Words were exchanged and KF said to one of the girls at the table “If you tell, I’ll bring a gun to school and shoot you all in the head”. One of the students at the table told their parent who in turned notified the school authorities who in turn notified the police. The police went to the school and spoke with KF and KF’s mother. The police also went to KF’s house and with the consent of KF’s Mother searched the house. KF’s mother’s boyfriend kept a gun at the house. Fortunately the gun was fully secured with a trigger lock and a barrel lock and the gun was locked in a gun safe. KF’s mother’s boyfriend had a valid license to carry. In KF’s bedroom the police found 4 knives. DCF (the Massachusetts Department of Children and Families) was notified. The school suspended KF. The police went to the Juvenile Court and applied for a Juvenile complaint against KF for Threatening to Use a Firearm in a school – a 20 year felony.

KF’s mother contacted Attorney Robert Lewin from North Andover. KF and her mother met with Attorney Lewin for a free 2 hour long initial consultation. The case was a serious case and demanded that it be handled with care. On April 5, 2019 KF’s mother retained Attorney Lewin. Attorney Lewin immediately went to work on the case. The Juvenile Court had scheduled a “show cause hearing” before the Clerk-Magistrate of the Court for April 16, 2019. The purpose of the “show cause hearing” was for the Clerk-Magistrate to decide whether KF would actually be charged. These “show cause hearings” are real important as they are an opportunity to prevent the accused person from actually being charged. Success at a “show cause hearing” means that the accused does not get charged, does not have to appear before a judge, and – most importantly – does NOT get a record. Attorney Lewin had 11 days to get the case ready for the hearing.

Attorney Lewin immediately went to the Court and obtained the police reports and all the other important case papers from the Clerk-Magistrate’s Office. Attorney Lewin then went to the District Attorney’s Office and met with the Coordinator of the Essex County Juvenile Diversion Program. After a lengthy discussion with the people from the Diversion Program, the District Attorney’s Office agreed that KF would be a suitable person for diversion. Attorney Lewin then spoke with the Police Prosecutor and he also agreed that KF would be a suitable candidate for diversion. On April 16, 2019 KF, KF’s Mother, Attorney Lewin, and one of the girls who had been at the table when the incident occurred (who was prepared to testify that they knew that KF was kidding when she made the statement about the gun) all appeared at the Juvenile Court for the show cause hearing.

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