On December 21, 2024, NP, a 35 year old female hospital operating room technician was caught shoplifting at the Target store in Lowell. She went through the self checkout without scanning an item. A loss prevention officer caught up to her and brought her back into the store. The Lowell Police were called to the store. The Target stores use facial recognition technology to identify shoplifters. Unfortunately for NP, this was the 15th time she had been observed (and recorded) shoplifting at Target in Lowell and Salem, NH. The police told NP she would receive papers to go to Lowell District Court.
NP consulted with and retained Attorney Robert Lewin from Andover. A Clerk-Magistrate hearing was set up for May 9, 2025. The purpose of the Clerk-Magistrate Hearing is for the Clerk-Magistrate to decide whether to issue a formal criminal complaint against the accused person. NP has no criminal record and a criminal record for shoplifting (which in reality is stealing) could cost her a job. If the Clerk-Magistrate issues a criminal complaint then the accused has to return to court for an arraignment in front of a Judge and a criminal record is created. If the Clerk-Magistrate can be persuaded not to issue a criminal complaint, then the accused is not charged and no criminal record is created. The Defense lawyer’s goal is to do his or her best to convince the Clerk-Magistrate not to issue the complaint.
Attorney Lewin went to work immediately. Attorney Lewin has established an excellent working relationship with Asset Loss Prevention team at Target and with the Police Prosecutors from Lowell. Attorney Lewin immediately contacted the Asset Protection team at Target. Attorney Lewin also contacted the police prosecutor at the Lowell PD. Attorney Lewin was able to get the police and Target not to oppose Attorney Lewin’s request for a criminal complaint NOT to be issued against NP.
On May 9, 2025, Attorney Lewin and NP appeared at Lowell District Court. NP’s case was called and NP and Attorney Lewin entered the Hearing Room. The Lowell Police Prosecutor was present as well as the Clerk-Magistrate. Attorney Lewin explained to the Clerk-Magistrate that NP had no criminal record, that she was a single parent and was working full time to support herself and her child. Attorney Lewin told the Clerk-Magistrate that he had spoken with the Asset Protection Team from Target and had worked out an agreement as to the amount of money NP owed to Target for her 14 prior thefts ($602.00) and that NP was prepared to pay that restitution. Attorney Lewin asked the Clerk-Magistrate not to issue a criminal complaint against NP. The Police Prosecutor told the Clerk-Magistrate that he had no objection.
The Clerk-Magistrate then announced that he was NOT going to issue a criminal complaint against NP. The Clerk-Magistrate continued the case for six months to November 7, 2025 and ordered that if NP was in no further trouble with the law then the application for a criminal complaint would be formally denied and no one had to return to court.
NP was thrilled. NP was very lucky. This was her 15th time shoplifting and she avoided being charged. Attorney Lewin explained to her the following:
- NO criminal complaint was issued against her.
- She was NOT charged with any crime.
- She did NOT have to return to Court and go before a Judge.
- NO entry was being made in the CORI (Criminal Offender Record Information) system against her.
- She would have NO criminal record as a result of this.
This was a great result. Attorney Lewin was able to achieve this result because he knew the right people to talk with and he advocated zealously for NP. Attorney Lewin was an Assistant District Attorney for four years, and for the last 50 years has limited his law practice strictly to defending people accused of crime. There are very few lawyers who can bring his level of experience and knowledge to the defense of a criminal case.