XM, is a 46 year old project manager for a large contractor. XM resides in a community north of Boston and in March of 2019 ran an ad on Craig’s List soliciting sex (a hand job) for a fee ($40). The ad was picked up by the local police department and they set up a sting. An officer replied to the ad via email. An exchange of emails between the undercover cop and XM was recorded and a meet was set up. The price and the sexual conduct was agreed to in the emails. XM arrived at the agreed upon location at the agreed upon time. XM then sent an email describing his truck. The police arrived and XM was asked to come to the station which he agreed to do. At the station XM confessed. XM was not arrested but was told to expect paperwork from the Woburn District Court. XM consulted with and retained Attorney Robert Lewin of North Andover. Attorney Lewin explained that it would be important to speak with the police prosecutor right away to see if a Clerk-Magistrate Hearing could be set up, before an actual criminal complaint was issued by the Court. Attorney Lewin spoke with the police prosecutor and explained XM’s situation. XM and his wife had just had a baby and his wife was suffering from post partum depression and it had been several months since they had had sex. He was just seeking a release and was willing to pay for it. Attorney Lewin advocated with the police to reach a resolution of the case at a Clerk-Magistrate hearing so that XM would not be charged. The police agreed to Attorney Lewin’s request.
On June 4, 2019 XM and Attorney Lewin appeared in Woburn District Court for a Clerk-Magistrate Hearing. The police report was read to the Clerk-Magistrate. The Clerk-Magistrate found that there was probable cause to issue the criminal complaint against XM and send the case to court. The Clerk-Magistrate asked Attorney Lewin about XM. Attorney Lewin gave a comprehensive background statement to the Clerk-Magistrate and asked the Clerk-Magistrate not to issue the criminal complaint. The Clerk-Magistrate agreed. The Clerk-Magistrate continued the hearing for six months and ordered that if XM stayed out of trouble with the law then on December 4, 2019 neither XM nor Attorney Lewin would have to return to court and the application for criminal complaint would be DISMISSED.
As a result of this disposition Attorney Lewin pointed out the following to XM