Massachusetts Criminal Lawyer Blog
On Friday, August 21, 2020 two 18 year old twins got caught shoplifting at Walmart in Tewksbury. The police were called to the store and the twins were arrested. They were bailed from the Tewksbury Police station and told to appear in Lowell District Court on Monday, August 24, 2020. Over that weekend the twins met with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained that the twins would qualify for the Middlesex County District Attorney’s Young Adult diversion program. The program essentially allows young adults to avoid prosecution for certain criminal offenses.
Over that weekend Attorney Lewin prepared a Motion to Divert the cases out of the criminal court system. On Monday, August 24, 2020 the twins and Attorney Lewin appeared in Lowell District Court. At Attorney Lewin’s request neither girl was arraigned. This is important because it is the taking place of the arraignment that creates a criminal record. Instead the cases were referred to the diversion program and the cases were continued to October 8, 2020 to see if the Diversion Program would accept the twins. On October 8, 2020 everyone appeared virtually (the twins had gone off to college and were away from Lowell) and the Assistant District Attorney and Attorney Lewin reported to the Judge that the twins had been accepted into the Diversion Program. On October 8, 2020 the arraignment again did not take place and the cases were continued until April 5, 2021 to allow the twins to complete the diversion program.
The twins successfully completed the diversion program. On April 5, 2021 the twins and Attorney Lewin appeared virtually one last time before the Court. The Assistant District Attorney and Attorney Lewin reported to the Judge that both young women had successfully completed the Diversion Program. The Judge then ordered both cases DISMISSED, prior to arraignment. Attorney Lewin explained to the two young women that because the cases were dismissed prior to any arraignment taking place the following took place:
- NO entry would be made in the CORI system. (The Massachusetts Criminal Offender Record Information system).
- NEITHER girl would have any criminal record as a result of this.
Both young women can now continue with their college studies (they are both enrolled in top colleges) and they do not have to worry about having any criminal record. Needless to say they were both very happy with the end result.