BH, a 52 year old male from South Carolina, had been calling a student help line at a Major University in the Boston area for over three years. The calls were persistent and had strong sexual overtones. The calls would come in the hours just after midnight and would involve masturbation and other sexual topics. The university had traced the calls back to BH and had warned him to stop. For a while BH contained himself but then the calls started up again. The University filed an application for a criminal complaint against BH. The Application sought a criminal complaint for annoying phone calls. The calls were numerous and the penalty for each call was up to three months in jail. The University had documented close to one hundred calls. BH was looking at the real possibility of a jail sentence. Immediately upon receiving the notice from the Court BH contacted and retained Attorney Robert Lewin from North Andover.
Attorney Lewin implemented a plan of action. Attorney Lewin told BH he had to immediately enroll in counseling with a licensed psychotherapist with experience in sex offenses. Attorney Lewin told BH it would be imperative for the psychotherapist to furnish a report that BH was in treatment to deal with this specific problem. BH did what Attorney Lewin asked. In the meantime Attorney Lewin contacted the University Detective who had completed the investigation. Attorney Lewin advocated for a result that would avoid an actual criminal complaint from being issued against BH. Attorney Lewin had several conversations with the Detective in the weeks leading up to the Court Clerk-Magistrate Hearing. Attorney Lewin received a written report from the psychotherapist. The report certified that BH was in treatment for the specific problems underlying the annoying phone calls.
On December 12, 2015 Attorney Robert Lewin and BH appeared at Cambridge District Court for the Clerk-Magistrate Hearing. The University Detective was present. After a further conversation with Attorney Lewin the Detective agreed to ask the Clerk-Magistrate not to issue a criminal complaint. The parties all went before the Clerk-Magistrate. The Clerk-Magistrate listened to the evidence as presented by the Detective and was quite disturbed with the number of phone calls, the three year duration, the fact that the calls were sexual in nature, and the fact that they continued even after BH had been warned by the University Police. The Clerk-Magistrate gave Attorney Lewin an opportunity to speak on behalf of BH; Attorney Lewin made a presentation that included the fact that BH had enrolled in counseling and was actively involved in counseling and that the calls had ceased. Attorney Lewin told the Clerk-Magistrate that after lengthy discussions the University Police were agreeable to a complaint not issuing.
The Clerk-Magistrate then adopted Attorney Lewin’s proposal. The Clerk-Magistrate then continued the hearing for one year. So long as BH stays out of trouble with the law and makes no more of these phone calls, then in one year no one need return to court and the application for criminal complaint will be denied and dismissed. As a result of this disposition please note the following:
No criminal complaint was issued against BH.
BH was not charged with any criminal offense.
BH was not arrested.
No criminal record was created as a result of this disposition.
BH does not have to appear in criminal court before a judge.
It is as if it never happened.
BH left the Cambridge District Court very relieved and very happy. Once outside the courthouse, BH gave Attorney Lewin a big hug and big thank you. It doesn’t get much better.