THREAT TO KILL CHARGE DIVERTED IN LAWRENCE JUVENILE COURT

On October 15, 2014, FD, a 14 year old Essex County High School student, in a moment of genius, sent a “prank” text to another student saying that if the student did not deliver a package to FD that FD would begin killing students at the school every ten minutes. The student receiving the text did not know whom the text was from and immediately brought the text to the attention of her teacher. The teacher immediately sent the student to the school security office. Law enforcement was immediately called in. Within minutes, the police investigation determined the phone from which the text was sent. FD was summonsed to the security office and was charged with Threat to Kill in a school. FD’s parents retained Attorney Robert Lewin. This could have been a disaster for FD; there is not a great deal of tolerance or sympathy for people who threaten to kill students in a public school. Attorney Lewin spoke immediately with the Police Officer who headed the investigation as well as the police prosecutor from the town where this happened. Attorney Lewin put together a written report of FD’s background and presented it to the police along with a written proposal that FD’s case be diverted out of the Juvenile Court system. If the case could be diverted then FD would not have to appear before a Judge and she would never be arraigned on the charge and, most importantly, NO entry would be made on her record. On Tuesday, November 4, 201 FD, her parents, and Attorney Lewin appeared in Lawrence Juvenile Court for a hearing before the Clerk-Magistrate. Attorney Lewin was able to get the police to agree to diversion of the case. The Clerk-Magistrate listened to Attorney Lewin and agreed that notwithstanding the seriousness of what FD had done she was an appropriate candidate for diversion and the Magistrate ordered diversion. As a result FD will have no record.