Another Domestic Assault & Battery Win

BX, an attractive 30 year old female nurse at a large Boston hospital, had a whirlwind romance with DD, a 33 year old male engineer. They had a first date in October 2022 and by Thanksgiving they were talking of marriage. They went to NY and looked at Diamond Rings at Tiffany’s. He brought her to meet his family. He went to her parents to get permission to marry her. The two planned a trip to the Caribbean where they would seal the deal. Two days before they were to leave to go on the trip they got into an argument. The argument was over his failure to get rid of body soap in the shower that belonged to one of his former girlfriends. (He just could not let go of the memories that fragrance triggered!) Well BX got very angry with him and according to the police report she hauled off and slapped him twice across the face. She then left his place. He then called off the planned engagement and went to the Caribbean by himself.  When he returned, his car, which he had left parked in the street, had several new dents in it that were not there before he left. He went to the police and reported the damage to his car and the two slaps to the face. The police applied for a criminal complaint against BX for Assault & Battery on a Household Member. (The police could not charge BX with the damage to DD’s car, as there was no evidence at all that she had caused the damage.)

BX is an emergency room nurse at a major Boston Hospital. A charge of Assault & Battery would cause her problems with the Board of Registration in Nursing and with her employer. It was critical to BX that a criminal complaint not be issued against her.  BX had had a previous run in with the criminal law, and had hired Attorney Robert Lewin from Andover to represent her in that prior case. Attorney Lewin was successful in defeating that prior case at a Clerk’s Hearing. Once again BX turned to and retained Attorney Robert Lewin for help.

Attorney Lewin immediately contacted the Cambridge police prosecutor and explained the details of the relationship between BX and DD. Attorney Lewin advocated with the police prosecutor for no criminal complaint to be issued against BX. Attorney Lewin obtained the police reports and reviewed them in detail with BX. Attorney Lewin fully prepared BX for the Clerk-Magistrate hearing and prepared her to testify.

On February 9, 2023 BX and Attorney Lewin appeared at Cambridge District Court (in Medford) for the Clerk-Magistrate hearing. Attorney Lewin explained in detail to the Clerk-Magistrate the history of the relationship between BX and DD and the impact that the issuance of a criminal complaint would have on BX and her career as a Nurse. Attorney Lewin specifically asked the Clerk-Magistrate not to issue a criminal complaint. After hearing the Police and Attorney Lewin, the Clerk-Magistrate dismissed the application for criminal complaint.

Attorney Lewin explained to BX that as a result of the Clerk-Magistrate dismissing the application for criminal complaint that BX should be aware of the following:

  • NO criminal complaint was issued against her.
  • She was NOT charged with any criminal offense.
  • She did NOT have to return to court and go before a judge.
  • NO criminal record would be created under her name.
  • NO entry would be made in her CORI (Criminal Offender Record Information).
  • It was as if the incident did NOT happen.

BX walked out of the courthouse a very happy client. Attorney Lewin was a former prosecutor in the Middlesex County District Attorney’s Office and for the last 49 years has been doing strictly criminal defense. His knowledge of the law and his strong relationships with the Courts and the Police and the District Attorneys allows him to get the very best possible results.

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