TWO SHOPLIFTING CHARGES AVOIDED

On March 12, 2015 FD stole from a store in Lynnfield. The reader is directed to the posting below dated April 29, 2015. Attorney Lewin represented FD at her Clerk-Magistrate’s Hearing in Peabody District Court in that case and got the Clerk-Magistrate to continue the hearing for six months with no complaint to issue as long as FD stayed out of trouble. Unfortunately for FD on June 26, 2015 she went into the Shoe Market in Lynnfield and got caught stealing a $126.00 pair of shoes. FD received notices from the Peabody District Court that on July 22, 2015 a hearing would be held in Peabody District Court (1) to decide if a criminal complaint for the new shoplifting case would be issued against her and (2) to decide what action would be taken on the old, still open, case. FD once again retained Attorney Robert Lewin from North Andover. FD was at risk of having two criminal complaints for either shoplifting or larceny being issued against her. Attorney Lewin and FD and FD’s husband put together a strategy and plan of action to try to maximize the chances of not having criminal complaints be issued. FD enrolled in a Shoplifting Prevention Program; FD – who clearly is having psychological problems – enrolled in a treatment program with a licensed psychologist; FD’s husband went to the Shoe Market and apologized to the owner of the store and paid the store owner the $126.00 for the pair of shoes FD had stolen.

On July 22, 2015 FD, her husband, and Attorney Robert Lewin appeared in Peabody District Court for the hearing. Attorney Lewin presented the Clerk-Magistrate with a report from the psychologist and with proof that FD was enrolled in the Shoplifting Prevention Program. Attorney Lewin made an impassioned argument to the Clerk-Magistrate not to issue criminal complaints against FD. The Clerk-Magistrate agreed and continued the hearing for one year. If FD can stay out of trouble then on July 22, 2016 both applications for criminal complaint against FD will be dismissed and she does not have to return o court.

As a result of this disposition it is important to note the following:
1. FD was not arrested.
2. FD was not charged with any criminal offense in either of her two cases.
3. FD did not have to appear before a judge.
4. FD will NOT have any criminal record.

FD left the courthouse in tears of relief.