Malicious Destruction of Property Charge Dismissed

On March 17, 2013 YH, a 23 year old foreign student in his Senior Year at Boston College, let his temper get the best of him. YH was looking for a parking space on Boylston Street in downtown Boston. A lady was preparing to back into a space when YH quickly pulled into the space. The lady got out of her car and asked YH to get out of the space. He did and drove around the block and found another parking space. YH got out of his car and then proceeded to walk back up Boylston Street. YH saw the lady’s car parked in the space. As YH walked by the car he took his keys and scratched the side of the lady’s car. He did not see that the lady was sitting inside the car. She immediately got out of the car and called 911. The police responded and took statements from both YH and the lady. Subsequently, YH received a Notice from the Boston Municipal Court that an application for a criminal complaint had been filed against YH by the Boston Police for Malicious Destruction to Property Over $250.00. This charge is a felony. If a criminal complaint issued against YH for the charge he could be deported. YH contacted the Office of Lewin & Lewin and met with Attorney Robert Lewin. Attorney Lewin explained to YH the importance of YH having a lawyer speak with the Boston Police prior to the hearing to see if a result could be negotiated that would avoid a criminal complaint from being issued against YH.

YH retained Attorney Robert Lewin. Within one hour of being retained Attorney Lewin called the Boston PD. The Officer in charge of the case worked the 4-11 shift and was due in at 4 the next day. At 4 PM the next day Attorney Lewin spoke with the officer in charge of the case. They worked out an agreement that if YH paid for the damage done to the car ($712.00) then the police would agree to recommend that the Clerk not issue a criminal complaint against YH. On Monday, May 20, 2013 YH and Attorney Robert Lewin appeared in the Boston Municipal Court in the Criminal Clerk’s Office. Attorney Lewin reported to the Clerk the agreement that had been reached between the police and the Defense. The Clerk felt the agreement was fair. The hearing was continued for 2 months for YH to pay the restitution of $712.00. Upon payment for the $712.00 in restitution the Application for Criminal Complaint will be dismissed and NO criminal complaint will be issued against YH.

As a result of this disposition YH was NOT charged; NO entry was made on his criminal record and this case will not impact his immigration status. This may sound like a simple case; the key to a successful resolution was contacting the police and working the case out with the police prior to the hearing. After practicing criminal law for 42 years (on both sides of the fence) Attorney Lewin knows what the police want to hear – and more importantly, what the do not want to hear.