Articles Posted in Breaking & Entering

On July 16, 2025, DK, a 16 year old juvenile, and two friends broke into a camp building in Groveland. DK was originally charged with Breaking and Entering with the intent to commit a misdemeanor. Because DK had no prior involvement with the police and because the offense was minor misdemeanor, under the new Juvenile Court procedure the charge was dismissed by a clerk-magistrate and DK had no juvenile court record.

The District Attorney’s Office, turned around and brought a new charge against DK: Breaking and Entering with the Intent to Commit a Felony. This charge is a felony and could not be dismissed by a clerk-magistrate. The Clerk-Magistrate at Lawrence Juvenile Court issued a summons and a juvenile delinquency complaint against DK ordering DK and his parents to appear at Lawrence Juvenile Court for DK to be arraigned on October 7, 2025. DK and his parents met with and retained Attorney Robert Lewin from Andover to represent DK.

Attorney Lewin immediately went to the court and obtained the police reports and all the court papers. It was immediately clear to Attorney Lewin that this case was merely a repeat of the case that the Clerk-Magistrate had ordered dismissed. In addition, it was abundantly clear to Attorney Lewin that DK had NO intent to commit any crime – let alone a felony – when he entered the building. Attorney Lewin then immediately met with the Assistant District Attorney who was prosecuting the case. After a brief discussion, the Assistant DA agreed to dismiss the case. prior to arraignment. 

On November 15, 2019 KA, a 21 year old Senior at Salem State, put his college enrollment and graduation at risk by breaking into a campus building and stealing a case of beverages from the school cafeteria. At 2:30 in the morning he and another student entered the building and were in the process of stealing the bottles of beverages when the campus police came upon the two students. KA and the other student ran. KA got away; the other student did not. The other student identified KA for the campus police as the other intruder.

The police applied for a criminal complaint against KA for breaking and entering and larceny; the application was set up for a hearing before a Clerk-Magistrate at Salem District Court. The hearing was scheduled for Friday, January 17, 2020. Three days before the hearing, KA and his mother consulted with and retained Attorney Robert Lewin from North Andover. Attorney Lewin immediately took control of the case. Attorney Lewin obtained and reviewed the police reports with KA. Attorney Lewin then reached out to the officer in charge of the case and the police prosecutor and advocated for the case to be diverted out of the criminal justice system. The Essex County DA’s Office runs a diversion program the principal benefit of which is to completely avoid criminal prosecution. Attorney Lewin then went over to Salem District Court and met with the head of the diversion program and advocated for the program to accept KA. The program director agreed that KA was a suitable candidate for the program.

On January 27, 2020 KA, his Mother, and Attorney Lewin appeared at Salem District Curt for the hearing before the Clerk-Magistrate. At the commencement of the hearing Attorney Lewin pointed out to the Clerk-Magistrate that Attorney Lewin had already spoken to the program director and that the program director felt that KA was a suitable candidate for the program. The police prosecutor told the Clerk-Magistrate that the police did not object to KA’s case being diverted. The Clerk-Magistrate agreed and said that she was referring the case to the Diversion Program.

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