Clerk-Magistrate Hearings

November 10, 2026

Haitian Immigrant – Unlicensed Operation – Charge Avoided

On August 23, 2026, KB, a 30 year old asylum immigrant from Haiti, was driving to work when she got pulled over by the Littleton Police. She had a learner’s permit and a Haitian License. She was alone in the car. The police cited her for Unlicensed Operation and had her car towed. (To their credit the police drove her to work, where she was able to arrange for transportation home.) KB subsequently received a notice from Ayer District Court that the police had filed an application for a criminal complaint against her seeking a complaint for Unlicensed Operation. KB was very frightened that when she went to court that she would be picked up by ICE and deported back to Haiti.

KB contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained the police report and then contacted the Littleton Police Prosecutor. In the meantime KB was successful in getting her full Massachusettrs driver license. The Ayer District Court scheduled a hearing for November 10, 2026. To KB’s great relief the hearing was to be on Zoom, so she did not have to risk getting picked up by ICE at the Courthouse.

Prior to the hearing, Attorney Lewin filed a copy of KB’s license at the court to be used as an Exhibit during the Zoom hearing. On November 10, 2026, KB and Attorney Lewin and the Police Prosecutor all appeared on the Zoom for the Clerk-Magistrate hearing at Ayer District Court. The police prosecutor read the report. The Clerk turned to Attorney Lewin. Attorney Lewin drew the Clerk’s attention to KB’s driver license, a copy of which was in the court file. Attorney Lewin explained that very shortly after the date of the offense, KB had successfully obtained a valid Massachusetts license. In addition, Attorney Lewin pointed out that KB was in a nursing program at Middlesex Community College and that KB was working fulltime. Attorney Lewin asked the Clerk to NOT issue a criminal complaint against KB.

October 30, 2026

Two Assault & Battery Charges Dismissed at Clerk’s Hearing

by Robert D. Lewin

MN is an 18 year old young woman who has been diagnosed with OCD, ADHD, and Intermittent Explosive Disorder. Her intermittent explosive disorder can lead her to have outbursts of anger. Her outbursts of anger can lead her to act impulsively by yelling, throwing objects, and hitting people – especially people close to her. On August 9, 2026, MN had one of her outbursts and shoved her mother to the floor and then banged her mother’s head against the wall. On September 3, 2026 MN had another outburst and hit her mother’s boyfriend in the head twice; he in turn pushed her away. The police were called. No one got arrested. The police, however, filed the following applications for criminal complaints:

Assault & Battery against MN for the August 9, 2026 striking of her mother.
Assault & Battery against MN for the September 3, 2026 striking of the mother’s boyfriend.

October 29, 2026

Speeding Ticket – Finding of NOT Responsible

by Robert D. Lewin

On September 14, 2026, SL, a 26 year old local college campus police officer (!), was cited for speeding 55 mph in a 40 mph zone in North Reading. Because SL had several previous “surchargeable accidents” on his driving record, his insurance premiums were expensive. If he were found responsible of this new speeding ticket his monthly insurance premiums would go through the roof. The speed on the citation was “estimated”; there was no lidar or radar. SL requested a hearing on the citation and a hearing was set up at Woburn District Court for October 27, 2026. SL contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin spoke with the North Reading Police Prosecutor and advocated on SL’s behalf for the police to agree to a finding of not responsible. Attorney Lewin fully prepared for the hearing.

On October 27, 2026, Attorney Lewin and SL appeared in Woburn District Court for the Clerk-Magistrate Hearing on the citation. At the completion of the hearing the Clerk-Magistrate found SL NOT responsible. We call that a win! Attorney Lewin explained the following to SL:

SL had been found NOT responsible of speeding.

October 23, 2026

Furnishing Alcohol to Minors – Charge Avoided

by Robert D. Lewin

On August 21, 2026, SG and GG, two grandparents in their 70s, hosted an end of summer evening pool party at their home for their 16 year old granddaughter and 24 of her school friends. The party got off to a good start; but then word of the party spread and suddenly there were 60+ kids at the house. The police were called by someone for a complainmt of loud noise and the police responded. There were beer cans found in the coolers outside by the pool and there were open bottles of hard liquor found inside the home. Some of the kids ran; the ones who stayed were given portable breath tests by the police. According to the police, both grandparents had the “odor of alcohol on their breath”. One of the kids was actually observed drinking an alcoholic beverage directly in front of the police and the two grandparents. The police gathered up the kids; all the kids’ parents were called and had to come get their child. The police told SG and GG that the police would be seeking a criminal complaint against both of them at Salem District Court for “furnishing” alcohol to a minor. SG and GG sought out a lawyer and contacted and retained Attorney Robert Lewin from Andover.

Attorney Lewin took a detailed statement of the facts from both SG and GG and Attorney Lewin went through the police reports in detail with SG and GG. It became apparent to Attorney Lewin that there was very little evidence that proved that either one of the grandparents had “furnished” alcohol to any minor. There was evidence that showed that some of the alcohol that the police observed had been brought to the party by uninvited guests. Attorney Lewin reached out to the police prosecutor and discussed the case at length with the prosecutor. The case was set down for a Clerk-Magistrate Hearing on October 20, 2026.

On that date Attorney Lewin and SG and GG appeared at Salem District Court for a hearing on the Application for Criminal Complaints that had been filed by the police. At a Clerk-Magistrate Hearing the police do not have to prove beyond a reasonable doubt that the accused had committed the crime; the police only have to establish “probable cause” for the clerk-magistrate to issue a criminal complaint. Probable cause only requires a showing of some believable evidence that the accused had committed the crime. The police prosecutor read the four page (!) police report. The Clerk-Magistrate then turned to Attorney Lewin. Attorney Lewin pointed out that the evidence did not prove that either SG or GG had themselves “furnished” alcohol to anyone. Attorney Lewin then went on to point out that neither SG or GG had any criminal record. Attorney Lewin then asked the Clerk-Magistrate NOT to issue a criminal complaint against either SG or GG.

September 29, 2026

Speeding: NOT Responsible – NO Loss of JOL

by Robert D. Lewin

AM is a 17 year old private school student with a Junior Operator License. He drives himself back and forth to school five days a week and needs his license. On July 16, 2026, he was caught speeding in the Town of Essex, estimated speed of 60 mph in a 30 mph zone. He was pulled over by the police and given a citation for speeding. He and his parents learned that if he was found responsible for the speeding ticket he would lose his JOL (junior operator license) for 90 days. Both of his parents work and he needed to be able to drive himself to get back and forth to school. AM appealed the citation and requested a hearing before a Clerk-Magistrate at Gloucester District Court.

AM and his parents contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin told them there was much that could be done to convince the Clerk-Magistrate not to find AM responsible. Attorney Lewin had AM and his parents furnish Attorney Lewin with the following documents:

AM’s RMV driver record – it was clean.

September 27, 2026

Violation of An Abuse Prevention Order Charge Avoided

by Robert D. Lewin

On July 8, 2026, JV was in the Middlesex Probate Court in Lowell for a hearing on whether the Abuse Prevention Order his wife had taken out against him would be extended. The order – among other things – ordered JV not to have contact with his wife. No contact – among other things – includes not speaking to her. JV was representing himself (big mistake – a good lawyer could have succeeded in defeating the extension of the order). JV is very strong willed (translate stubborn) and can be loud. As the hearing progressed, JV would talk over the Judge and had to be cautioned by the Judge and the Court Officers several times to remain silent (translate shut up) when the Judge was talking. At the end of the hearing the Judge ruled that he was extending the order for an additional 90 days. JV was very upset. The Court Officers escorted JV to a seat in the court room gallery. The Court Officers then escorted JV’s wife out of the courtroom. As JV’s wife approached the bench where JV was sitting JV said “I’ll see you in Superior Court”. The Judge immediately responded – that is a violation of the order, you spoke directly to her. JV said I was talking to you (the Judge), but the Judge was not hearing it. The Judge directed the Court Officers to apply for a criminal complaint against JV for Violation of An Abuse Prevention Order. JV was lucky that the court officers did not arrest him on the spot. He was allowed to leave and told he would receive a notice to go to the District Court for a criminal charge of Violation of the Order.

Five days later on July 13, 2026 the Lowell District Court issued a Notice of Hearing on an application for a criminal complaint that had been filed by the Court Officer from the Probate Court. The hearing was scheduled for 9/11/2026. JV met with and retained Attorney Robert Lewin from Andover. It normally takes upwards of 6 months to get a hearing date in Lowell District Court. When Attorney Lewin saw how quickly this hearing had been scheduled, Attorney Lewin told JV somebody put their thumb on the scale to push this case quickly. This was a Judge and a Court Officer on the 5th floor of the Lowell Courthouse asking a Clerk-Magistrate on the 3rd floor of the same courthouse to charge JV with a crime that allegedly occurred in the building. Attorney Lewin thoroughly prepared the case and obtained a copy of the recording of the proceedings in the probate court from back on July 8, 2026. Sure enough you could hear JV say “I’ll see you in Superior Court.”

On September 11, 2026, JV and Attorney Lewin appeared in Lowell District Court for a Hearing before the Clerk-Magistrate to determine whether a criminal complaint would be issued against JV. The Court Officer was present and read his report to the Clerk-Magistrate. The Clerk-Magistrate then turned to Attorney Lewin. Attorney Lewin was well prepared. He pointed out that the statement that JV had made was made in a moment of frustration with the Probate Court Judge’s ruling extending the Abuse Prevention Order. That the statement did not contain any threat of harm or violence. Attorney suggested that the Clerk-Magistrate not issue a criminal complaint, but rather continue the hearing for a short period of time and then – if there are no other violations of the law – the application for complaint could be denied and no complaint would be issued.

August 26, 2026

ANOTHER SHOPLIFTING CHARGE AVOIDED

by Robert D. Lewin

On May 18, 2026, ET, a 67 year old administrative employee for a pharmaceutical company, went to the Target store in Wilmington. As she had done on several prior occassions she had a number of items in her cart and proceded through the self check out area. She scanned two items and did not scan the remaining items and placed all the items in a bag and headed for the door. She was stopped by store security and brought back to the loss prevention office. Using their facial recognition software they were able to identify ET as having shoplifted on a number of prior occasions. The Wilmington Police responded to the store and took ET’s information and told her she would receive a notice to go to court. ET was served with a written NO TRESPASS order from the store and was then allowed to leave the store.

ET researched lawyers and then met with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained a copy of the police report and reviewed it with ET. As he always does, Attorney Lewin reached out to the police prosecutor and discussed the case with him. The aim of the discussion was to try to reach an agreement with the police to not have a criminal complaint be issued against ET.

The case was set down for a Clerk-Magistrate Hearing at Woburn District Court. On August 5, 2026, ET and Attorney Lewin appeared at Woburn District Court for the Clerk-Magistrate Hearing. The Assistant Clerk-Magistrate conducting the hearing asked the police prosecutor and Attorney Lewin if they had discussed a possible resolution of the case. The Police Prosecutor said yes and suggested continuing the hearing for three months and if ET stayed out of the store and did not get into any trouble with the law then the case could be dismissed and no one would have to return to court. Attorney Lewin confirmed that he and ET were in agreement with that proposal.

August 21, 2026

Repeat Shoplifter – Charge Avoided

by Robert D. Lewin

On May 29, 2026, JS, a Registered Nurse, went into the Target Store in Methuen and began picking up items and concealing them. The police report states: “Target staff stated that JS removed tags and placed $461.85 worth of items in a pink backpack which was a Target item with a removed tag as well as in her own personal bag.” Target staff brought JS to the loss prevention office and the police responded to the store. The police did a record check on JS and discovered that she had been previously prosecuted for shoplifting in Lowell District Court. The police told her that she would be summonsed to appear in Lawrence District Court for this new offense.

The police filed an Application for a Criminal Complaint against JS at Lawrence District Court for Shoplifting by Concealment. The Application was scheduled for a Clerk-Magistrate Hearing on August 20, 2026.

JS contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin explained to JS that where she had been previously prosecuted for the same crime that it was going to be a reach to avoid prosecution in this new case – but, it was a reach that had to be vigorously pursued. Attorney Lewin obtained all the police reports and examined the papers from her previous case. Attorney Lewin spoke to the Methuen Police Prosecutor.

August 20, 2026

NO INSPECTION STICKER – NOT RESPONSIBLE FINDING

by Robert D. Lewin

On June 8, 2026, SF, a 20 year old man from Lawrence, got pulled over by the State Police in Peabody. The inspection sticker on his newly purchased used car had expired. In Massachusetts you have 7 days from the day you register a car to get a new inspection sticker on the car and he was passed the 7th day. The Trooper gave him a citation for No Inspection Sticker. The big problem for SF is that he had a long list of motor vehicle violations on his record and he was at risk of losing his license and adding additional hundreds of dollars per month to his car insurance. On June 3, 2026, Attorney Lewin had represented SF in Woburn District Court and got NOT Responsible findings to charges of Speeding and No License in Possession at a Clerk-Magistrate Hearing. (Charges of which he was absolutely guilty.)

After SF got the ticket on June 8, 2026, he immediately (the very next morning) got the car inspected and got a new inspection sticker. SF again retained Attorney Robert Lewin. Attorney Lewin had SF furnish Attorney Lewin with pictures of the new sticker on the car windshield. On August 20, 2026, SF and Attorney Lewin appeared in Peabody District Court for the Hearing before the Clerk-Magistrate on the ticket. The State Police were present and read the report to the Clerk-Magistrate. Attorney Lewin then explained that the very next day SF had got the car inspected and Attorney Lewin presented the pictures of the car with the new sticker on it. Attorney Lewin further explained that a responsible (guilty) finding would cost SF hundreds on his car insurance per month and could jeopardize his license. Attorney Lewin asked the Clerk to find SF NOT responsible. The Clerk-Magistrate turned to the State Trooper and the Trooper said he had no objection. The Clerk-Magistrate then announced that she was finding SF NOT Responsible.

Although this was a relatively simple case, Attorney Lewin fully prepared the case and had all the evidence that was needed to put the case in the win column. Attorney Lewin was an Assistant District Attorney from 1971 to 1975 and for the last 51 years has limited his practice to criminal defense. Results like this are common for Attorney Lewin as he fully and carefully prepares every case that he takes on. There are very few lawyers in Massachusetts who have the years of experience and breath of knowledge and “simple know how” that Attorney Lewin brings to every client and every case.

June 24, 2026

Unlicensed Operation – DISMISSED

by Robert D. Lewin

On October 19, 2022, EJ, a 28 year old Logistics Analyst, was driving her car on Rt. 3 North in Chelmsford. She went off the road and crashed into a sign and guardrail. The State Police responded. EJ had a restriction on her license that she was supposed to wear corrective lenses (eyeglasses) when driving. She was not wearing her glasses and admitted that to the police. The police cited EJ for violation of a restriction on her license (a criminal offense) and unsafe operation (a civil violation). EJ requested a hearing at Lowell District Court. Three and a half years later in early 2026, EJ received a Notice of a Hearing on an Application for Criminal Complaint from Lowell District Court on this citation. EJ contacted and retained Attorney Robert Lewin from Andover.

There is a little known law (most lawyers are totally unaware of it) that requires the police to file their copy of a criminal citation with the Court within SIX DAYS of the violation. Attorney Lewin immediately went over to Lowell District Court and reviewed the court papers and discovered that the police had delayed three and a half years and did not file the citation at court until 2026. Attorney Lewin prepared a Motion to Dismiss the case.

On June 12, 2026, EJ and Attorney Lewin appeared at Lowell District Court for the hearing. The hearing began and the police officer began to read the police report to the Clerk-Magistrate. As soon as the Police Officer recited the date of the offense as being in 2022, the Clerk-Magistrate (whom Attorney Lewin has known for over 30 years) looked over at Attorney Lewin. Attorney Lewin held up his Motion To Dismiss the case and was about to hand it to the Clerk-Magistrate, when the Clerk-Magistrate put her hand up and said “no need to”. I’m DISMISSING the application for the crimimal complaint and I am entering a finding of NOT responsible of the civil violation. It was a complete and total win. The Clerk-Magisdtrate did turn and say to EJ: “Wear your glasses when you drive.”