Massachusetts Criminal Lawyer Blog
On Saturday, April 13, 2024, DP, a 49 year old registered nurse from Andover, went to her ex-husband’s house. She had just finished a work shift and had called her two young daughters who were at her ex-husband’s house for his parenting time. When she called she could tell that he had been drinking and was not sober. She immediately drove to his house from her work to get the girls (ages 11 and 9). When she got there and went to check on the girls, he blocked her way. She pushed him out of the way and in the process cut his lip. He called 911 and the police came. The police did not arrest her, but told her she would be summonsed to court. Shortly thereafter, DP received a notice from Lawrence District Court that an Application for Criminal Complaint had been filed against her by the Andover Police for domestic assault and battery and that a hearing would be held on May 30, 2024 to determine if a criminal complaint would be issued against her. DP consulted with and retained Attorney Robert Lewin from Andover.
Attorney Lewin felt it would be outrageous if in these circumstances DP would be charged. She went to the house to protect her daughters. Attorney Lewin immediately contacted DP’s ex-husband and he agreed (!) that DP should not be charged. Attorney Lewin had a lengthy communication with the Andover Police Prosecutor and laid out all the facts for him.
On May 30, 2024, DP and Attorney Lewin (and DP’s ex-husband) appeared at Lawrence District Court for a Clerk-Magistrate Hearing. Attorney Lewin had DP’s ex-husband testify that he did not want a criminal complaint to be issued against DP. Attorney Lewin explained all the circumstances to the Clerk-Magistrate. The Clerk-Magistrate agreed with Attorney Lewin and denied the application for criminal complaint and dismissed the case.
After the hearing, Attorney Lewin explained the following to DP:
- NO criminal complaint was issued against DP.
- DP was NOT being charged with any criminal offense.
- DP did NOT have to return to court and go before a Judge.
- NO entry was being made into the Criminal Offender Record Information (CORI) System against DP.
- DP has NO criminal record as a result of this case.
- NO report of this case would be made to the Board of Registration in Nursing. (DP is a registered nurse)
DP was thrilled with the result and thanked Attorney Lewin with a big hug! Attorney Lewin’s vast experience as a criminal defense lawyer (50 years) and his knowledge of all the District Courts in Essex and Middlesex Counties consistently helps to get results like this in the cases he handles.