OPEN & GROSS LEWDNESS CHARGE AVOIDED

On February 24, 2014 JV, a 66 year old retired carpenter, woke up at about 7:30 in the morning. He sleeps in just a t-shirt. He got out of bed and walked over to a living room window and stood by the window looking outside. His private parts were exposed. According to a Winthrop Police Report an 11 year old boy living one house over looked over at JV and saw JV masturbating. The 11 year old boy got his Mother and she also looked over at JV’s house and she also observed JV masturbating. The mother called the police who responded. After an investigation the police applied for a criminal complaint against JV for Open and Gross Lewdness, a felony in Massachusetts. JV retained Attorney Robert Lewin from North Andover.

Attorney Lewin obtained copies of the police reports and then contacted the Police Prosecutor. Attorney Lewin had several discussions with the Police and ultimately the Police agreed not to push for the issuance of a criminal complaint. On April 23, 2014 JV and Attorney Lewin appeared in East Boston District Court for the hearing on the application for a criminal complaint that had been filed by the Police. Attorney Lewin explained to the Clerk-Magistrate that the case had been discussed at length with the police and that Attorney Lewin was requesting that no complaint be issued, but rather that the matter be left open for 1 year with the application to be dismissed at the end of the 1 year if JV is in no further trouble with the law. As a result of this disposition JV was not arrested, he was not charged with a crime, no criminal complaint was issued against him, he did not have to appear in open court before a judge, no entry of the case was made on JV’s CORI (criminal record), and there was no public notice of the charge that had been applied for against him. JV (and his wife) walked out of East Boston District Court very relieved and very happy that their court ordeal ended well.