Massachusetts Criminal Lawyer Blog
On Sunday, September 28, 2025, BS, a 68 year old feisty woman, was working in her yard in Lawrence. A car pulled up directly in front of her house and stopped. There was man sitting in the driver’s seat and he was looking downward. BS became suspicious and was concerned that he was either a drug dealer, drug user, or had some other wrongful purpose. According to the police report, BS approached the man in the car and was “screaming [at the man] to get the hell out of the front of her house”. The police report continues: “He asked her what the problem is. At this time she became furious and started screaming to get the hell off her property and started to hit his car with a closed fist, then struck him on his shoulder and head.” The police then went and talked to BS and she told them “She was fed up with people parking in front of her house.” It turns out the man was a driver for Door Dash and was checking his delivery route. His next delivery was to the house next door to BS’s house. The police filed an application for a criminal complaint for assault and battery against BS at Lawrence District Court.
BS met with and retained Attorney Robert Lewin from Andover. The case was set up for a Clerk-Magistrate hearing. Attorney Lewin spoke with the Lawrence Police Prosecutor and explained that BS had observed a lot of cars coming and going to the neighbor’s house at all hours of the day and night and she was concerned that there was drug activity going on. Attorney Lewin requested that the police agree to recommend to the Clerk-Magistrate that no criminal complaint be issued against BS – notwithstanding the fact that she was guilty.
On November 5, 2025, BS and Attorney Lewin appeared at Lawrence District Court for the Clerk-Magistrate Hearing. The police prosecutor read the police report. Attorney Lewin explained to the Clerk-Magistrate BS’s concern about drug activity in the neighborhood. Attorney Lewin asked the Clerk-Magistrate not to issue a criminal complaint against BS (who, by the way, did have a prior criminal record). The police prosecutor then told the Clerk-Magistrate that he had no objection to Attorney Lewin’s recommendation. The Clerk-Magistrate then read the riot act to BS and told BS that you cannot touch people – let alone hit them in the head. Nevertheless, the Clerk-Magistrate did agree to follow the recommendation made by Attorney Lewin. The Clerk-Magistrate then told BS that the case would be left open for six months to May 4, 2026, and, if BS stayed out of trouble, then on May 4, 2026 the Application for Criminal Complaint would be denied and BS would not be charged and BS would not have to return to court.
BS and Attorney Lewin left the courthouse and BS was thrilled with the result and gave Attorney Lewin a big hug! Attorney Lewin explained to BS the following:
- NO criminal complaint had been issued against BS, notwithstanding the fact that she was guilty.
- BS was NOT being formally charged with a crime.
- BS did NOT have to return to Court and go before a Judge.
- NO entry would be made in the CORI (Criminal Offender Record Information) System against BS as a result of this case.
The case was fully prepared. Most importantly, Attorney Lewin had contacted the police prosecutor and secured his agreement well before the hearing. Results like this are common for Attorney Lewin. From 1971-1975 Attorney Lewin was an Assistant District Attorney. Attorney Lewin left the District Attorney’s Office in 1975 and for the last 50 years has limited his practice to Criminal Defense. There are very few lawyers in the Commonwealth of Massachusetts that have the years of experience and breath of knowledge that Attorney Robert Lewin brings to every case.