GP, an 18 year old from Wilmington, was being picked on and bullied by a fellow who at one time had been his best friend. The bullying reached the point where GP couldn’t take it any more. GP attacked the bully, knocked him down, and allegedly kicked him with a shod foot. GP emphatically denied kicking the boy. A boy who was present videoed the entire episode on his cell phone. The police applied for a criminal complaint against GP for Assault and Battery by Dangerous Weapon, a shod foot, and a hearing before a Clerk-Magistrate was scheduled at Woburn District Court. The crime is a felony in Massachusetts. GP retained Attorney Joshua Lewin. Attorney Lewin immediately contacted the Wilmington Police and then drove to the Wilmington Police Station and obtained a copy of the video. The video was not of the best quality but a careful review ov the video confirmed what GP had been saying that he did NOT kick the bully. With the video in hand Attorney Lewin approached the Police Prosecutor and an agreement was reached that no complaint would issue against GP. On October 26, 2010, GP and Attorney Joshua Lewin appeared at Woburn District Court for the Clerk-Magistrate’s Hearing and no criminal complaint was issued against GP. As a result of the case being prepared without delay prior to the Clerk-Magistrate’s hearing GP was not charged, he did not have to appear in front of a judge, and NO CRIMINAL RECORD was created.

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