Clerk-Magistrate Hearings

January 28, 2026

Another Shoplifting Charge Avoided

On November 3, 2025, KK, a 38 year old executive, went into the Target Store in Wilmington. She shopped for a while putting numerous items into her shopping cart. KK then went to the self checkout aisle. She then began to “skip scan” her items, scanning some items and not scanning others. She placed all her items in a bag and headed out of the store when store security stopped her and brought her back into the store. She was captured on video and she was recognized as a person who had shoplifted at Target previously. The police were called to the store and KK was told she would be summoned to court.

KK consulted with and retained Attorney Robert Lewin, from Andover. Attorney Lewin immediately obtained the police report and then contacted the police prosecutor from Wilmington. KK had no criminal record and it was obviously important to keep her from getting a record. Attorney Lewin advocated on KK’s behalf with the police prosecutor and ultimately the prosecutor agreed to a resolution of the case at the clerk-magistrate hearing where KK would NOT be charged. The Clerk-Magistrate’s Office set the case down for a hearing on January 28, 2026.

On January 28, 2026, KK and Attorney Lewin appeared in Woburn District Court. The case was called in the hearing room and the Clerk-Magistrate asked Attorney Lewin and the Police Prosecutor if they had discussed the case. They both answered yes and they both answered that they had an agreement. The clerk-magistrate turned to KK and said that Attorney Lewin was one of a very few lawyers who speaks to the police ahead of time to try to work out an agreement ahead of the hearing date. The police prosecutor told the Clerk-Magistrate that both sides were requesting that a criminal complaint NOT be issued against KK. The Clerk-Magistrate then said (a) that he was going to simply continue the case for three months and (b) as long as KK stayed out of the store and stayed out of trouble that no one needed to return to Court and the police application for a criminal complaint against KK would be dismissed.

January 25, 2026

Juvenile Deliquency Complaint Withdrawn – A Complete WIN

by Robert D. Lewin

On December 5, 2025, MO – a 14 year old boy – and two friends were at the Square One Mall in Saugus. The three boys got the brilliant idea that it would be fun to drop water balloons from the second floor of the parking garage onto cars entering the garage. One of the cars that got hit was a Porsche. The driver, who was not the owner, claimed that the balloon caused a crack in the windshield. The driver entered the garage and collared one of the three boys – the other two took off. The police and mall security responded to the garage and ultimately, the boy who got caught gave up the names of the other two boys (one of whom was MO). The police filed an application for a criminal/juvenile delinquency complaint against each of the three boys for malicious destruction to property in Lynn Juvenile Court and a Clerk-Magistrate Hearing was set up for January 22, 2026 at that court.

MO’s parents sought out and retained Attorney Robert Lewin from Andover to represent MO. Attorney Lewin found it hard to believe that a water balloon could crack a windshield. Attorney Lewin investigated and made direct contact with the owner of the Porsche. The owner did not confirm that there was any damage to the windshield. Attorney Lewin then made direct contact with the police prosecutor and pointed out that the crime of malicious destruction of property requires that there be some destruction or damage and in this case the owner of the Porsche would not confirm that there was damage. In addition, the crime of malicious destruction to property requires that the damage be done with malice – which means that the act was done out of anger, hostility, or revenge. The three boys had acted out of stupidity – but not out of any sense of anger, hostility, or revenge. Attorney Lewin and the police prosecutor had several conversations about the case and Attorney Lewin advocated for the case to be dismissed.

Two days before the scheduled hearing Attorney Lewin received an email from the Clerk-Magistrate of the Lynn Juvenile Court informing him that the police had withdrawn the application for a criminmal/juvenile delinquency complaint against MO. Attorney Lewin explained the following to MO and his parents:

November 12, 2025

Assault & Battery Charge Avoided

by Robert D. Lewin

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.

September 18, 2025

Another Hit & Run Charge Avoided

by Robert D. Lewin

On July 10, 2025, CS, a 50 year old medical professional from Andover, was driving her car in Merrimac, MA. She got lost and pulled into the parking lot of an auto body repair shop. She pulled in and struck a car that was parked in the lot. She got out of her car and surveyed the damage to her car and to the other car. She then got back in her car and drove away without notifying anyone. Unbeknownst to her, a man and his son were in an adjoining lot and witnessed the entire episode. They got a good look at her and were able to write down the license plate number on her car. The men called the Merrimack Police. The police responded to the scene and took statements from the man and his son. The police ran the license plate number and it came back with CS’s name and address. The Merrimac Police called the Andover Police. The Andover Police went to CS’s home and saw the damage on her car and asked CS to call the Merrimac Police. CS called the Merrimac Police and ultimately confessed to the hit and run. The investigating officer told CS that she would be receiving a citation in the mail for the hit and run and that she would have to go to court in Newburyport.

Later that same date CS contacted Attorney Robert Lewin from Andover. Attorney Lewin explained to CS the ramifications of a hit and run charge (including the 60 day loss of license if convicted). Attorney Lewin explained to CS the importance of getting a lawyer involved quickly so that things can be done to get the case headed toward NOT being prosecuted. CS retained Attorney Lewin immediately. Attorney Lewin immediately called the officer investigating the case and was able to quickly establish a very positive relationship with the officer. (The fact that Attorney Lewin was a former Assistant D.A. and worked directly with the police and knows what they want to hear and what they don’t want to hear is immensely helpful.) In addition, Attorney Lewin contacted CS’s insurance company, to make certain that the woman whose car was struck and damaged was paid quickly and in full for the damage to her car.

A clerk-magistrate hearing was scheduled for September 17, 2025. Attorney Lewin had a number of positive conversations with the officer leading up to the hearing. In those conversations Attorney Lewin suggested a resolution of the case at the Clerk-Magistrate hearing without a criminal complaint being issued against CS.

August 21, 2025

UNINSURED, UNREGISTERED, IMPROPER TURN & NO SEAT BELT CHARGES AVOIDED

by Robert D. Lewin

On Thursday, June 19, 2025, DT, a 27 year old assembler, drove to the Dunkin store on Rt. 125 in Bradford near the Ward Hill entrance to Rt. 495. When he exited the store there are large signs indicating you cannot make a left turn. DT turned left across the double yellow sign and proceeded north on Rt. 125. Unfortunately for DT there was a Haverhill Police car sitting there watching him. The blues came on and DT got pulled over. He was not wearing his seat belt. The officer took his license and registration and went back to the police car. When the officer ran the registration, he learned that the insuance had been cancelled for non payment of premiums and as a result the registration had been revoked by the Registry of Motor Vehicles. The officer gave DT a citation for the four violations and had the car towed.

To his credit, DT immediately contacted his insurance company and paid the premium due for the insurance. He then went to the RMV and got his registration reinstated. DT requested a hearing. A person receiving a citation (where there is no arrest) has four days to request a hearing to challenge the citation.

DT contacted and retained Attorney Robert Lewin from Andover to represent him. Attorney Lewin immediately contacted DT’s insurance company and obtained a copy of DT’s insurance policy showing that it had been renewed the very same day that he had been stopped by the police. In addition, Attorney Lewin obtained a copy of the new certificate of registration to show that the registration has been reinstated. Lastly, Attorney Lewin obtained a copy of DT’s driver history from the RMV. It was completely clean! He had never got a ticket for anything! Attorney Lewin spoke to the Haverhill Police Prosecutor and furnished the police prosecutor with copies of all the paperwrk that Attorney Lewin had obtained. Attorney Lewin asked the police prosecutor if he would agree to drop the unregistered and uninsured charges. (Operating an Uninsuired Motor Vehicle is a criminal offense that carries with it a loss of your license.)

August 5, 2025

Shoplifting Charge Avoided in Worcester District Court

by Robert D. Lewin

On June 16, 2025, JB, an 18 year old high school graduate, and his girlfriend went shopping at the Target in Millbury. JB picked up a number of items and concealed them in his backpack. The items had a retail value of $178.56. JB went through the self checkout line and paid for one small case of soda. His girlfriend walked out with a package of lollipops for which she did not pay. Loss prevention personnel stopped JB as he was about to exit the store and brought him back to the loss prevention office. The Millbury Police responded to the store and took JB’s information and told him he would be summonsed to Court. The loss prevention people also discovered that JB and his girlfriend had been identified as shoplifting at the Target store in Salem, MA.

JB then received a notice that the police had applied for a crimimal complaint against him for Shoplifting by Concealment of merchandise at Worcester District Court. The hearing was set for August 5, 2025. JB retained Attorney Robert Lewin from Andover to represent him.

Attorney Lewin immediately contacted the police prosecutor from Millbury to discuss the case with him. It was important to note that JB had just graduated technical high school and was awaiting admission into the carpenters’ union. The big problem with a shoplifting charge is that once it is on your record you get branded as a thief; and no one wants to hire a thief. Attorney Lewin explained in detail to the police prosecutor JB’s situation.

May 21, 2025

15 Time Shoplifter – Complaint Avoided

by Robert D. Lewin

On December 21, 2024, NP, a 35 year old female hospital operating room technician was caught shoplifting at the Target store in Lowell. She went through the self checkout without scanning an item. A loss prevention officer caught up to her and brought her back into the store. The Lowell Police were called to the store. The Target stores use facial recognition technology to identify shoplifters. Unfortunately for NP, this was the 15th time she had been observed (and recorded) shoplifting at Target in Lowell and Salem, NH. The police told NP she would receive papers to go to Lowell District Court.

NP consulted with and retained Attorney Robert Lewin from Andover. A Clerk-Magistrate hearing was set up for May 9, 2025. The purpose of the Clerk-Magistrate Hearing is for the Clerk-Magistrate to decide whether to issue a formal criminal complaint against the accused person. NP has no criminal record and a criminal record for shoplifting (which in reality is stealing) could cost her a job. If the Clerk-Magistrate issues a criminal complaint then the accused has to return to court for an arraignment in front of a Judge and a criminal record is created. If the Clerk-Magistrate can be persuaded not to issue a criminal complaint, then the accused is not charged and no criminal record is created. The Defense lawyer’s goal is to do his or her best to convince the Clerk-Magistrate not to issue the complaint.

Attorney Lewin went to work immediately. Attorney Lewin has established an excellent working relationship with Asset Loss Prevention team at Target and with the Police Prosecutors from Lowell. Attorney Lewin immediately contacted the Asset Protection team at Target. Attorney Lewin also contacted the police prosecutor at the Lowell PD. Attorney Lewin was able to get the police and Target not to oppose Attorney Lewin’s request for a criminal complaint NOT to be issued against NP.

May 20, 2025

Another Hit and Run Charge Avoided

by Robert D. Lewin

On March 20, 2025, JB, a 20 year old male, was driving his Mother’s car on I-95 in Boxford. He lost control of the car and the car went off the left side of the road striking the “cable retention system”, taking out six posts and damaging 72 feet of cable wire. JB panicked and continued driving the badly damaged car. He took the next exit off the highway, parked on the side of the road, and fled the scene. The car was found by the local police. They ran the plate and then went to JB’s house. JB and his mother were present. JB confessed to the police. The State Police issued a citation to JB for Leaving the Scene of a Property Damage Accident and a Marked Lane Violation. JB and his Mother contacted Attorney Robert Lewin from Andover and they retained Attorney Lewin.

Attorney Lewin then took the following actions:

Attorney immediately brought the citation over to Haverhill District Court and requested a Clerk-Magistrate Hearing.

April 28, 2025

Operating After Suspension of License – DISMISSED at Clerk-Magistrate Hearing

by Robert D. Lewin

PH is a 54 year old personal trainer. PH has her own workout studio but also travels to clients’ homes, particularly elderly or disabled clients. On November 15, 2024, PH was travelling from her studio in Rowley to the home of an elderly client in Amesbury. At an intersection in Amesbury she ran a red light and got pulled over by the Amesbury Police. When the police ran her license it came back that her license was suspended. The police cited PH for Operating After Suspension of License. The police had her car towed and issued her a citation.

PH contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin instructed PH to immediately request a Clerk-Magistrate Hearing which PH did. It turns out that PH’s license was suspended because she had failed to pay a ticket. To her credit PH went and immediately paid the ticket and the reinstatement fee online and her license was reinstated. Attorney Lewin explained to PH that if anything helps to make these operating after suspension cases go away, it is getting your license reinstated before the hearing date.

Attorney Lewin contacted the Amesbury Police Prosecutor and explained that PH’s license had been suspended because of an unpaid ticket. Attorney Lewin further explained to the prosecutor that PH had immediately paid the ticket and the reinstatement fee and that her license was now reinstated. Attorney Lewin asked the prosecutor to agree to dismiss the charge.

January 26, 2025

Assault & Battery Charge Avoided

by Robert D. Lewin

On November 9, 2024, EP, a 54 year old union carpenter, went to a restaurant in Methuen with his extended family. While at the restaurant he saw SP, a similarly aged man, who had had a number of confrontations with EP’s brother. At one point EP left his table and went to the men’s room. As EP was about to leave the men’s room SP entered the men’s room. The two men exchanged words with one another and then the stories diverged. A fight broke out between the two men; the restaurant management broke up the fight and escorted the two men out of the restaurant; and the police were called and responded quickly to the restaurant. EP told the police that SP had chest bumped him as he was trying to leave the men’s room and EP had simply pushed SP out of his way so he could leave the men’s room. SP told the police that EP had grabbed him by the throat and punched him in the face. SP told the police he wanted charges filed against EP.

The police charged both men with Assault & Battery. EP consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained copies of the police report and Attorney Lewin spoke with the police prosecutor. The two cases were set up for a Clerk-Magistrate Hearing at Lawrence District Court. On January 7, 2025 EP and Attorney Lewin arrived at Court for the hearing. SP was also present but did not have a lawyer. Attorney Lewin went over to SP and had a conversation with SP. Attorney Lewin explained to SP that if the two men went ahead with the hearing that the Clerk-Magistrate would issue criminal complaints against both men and then both men would have to return to court and criminal records would be created against both men. Attorney Lewin said that if SP and EP agreed not to go forward that it was very likely that the Clerk-Magistrate would not issue a criminal complaint against either man. SP, who could be a stubborn man, saw the light and agreed with Attorney Lewin’s suggestion.

The case was called into the hearing room. The Clerk-Magistrate had the police prosecutor read the police report. The police report clearly set out probable cause for the Clerk-Magistrate to issue criminal complaints against both men for Assault & Battery. The Clerk-Magistrate then turned to Attorney Lewin and requested his input. Attorney Lewin explained to the Clerk-Magistrate that he had spoken to both men, and both men were requesting that the Clerk-Magistrate not issue complaints. In addition, Attorney Lewin had also spoken to the police prosecutor and the police prosecutor stated to the Clerk-Magistrate that he had no objection to Attorney Lewin’s suggestion.