Clerk-Magistrate Hearings

September 29, 2026

Speeding: NOT Responsible – NO Loss of JOL

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.”

June 5, 2026

LOSS OF LICENSE FOR 4 YEARS AVOIDED

by Robert D. Lewin

SF, a 20 year old young man from Lawrence, had 11 surchargeable events on his driver record, when he got pulled over by the Wilmington PD for Speeding (48 mph in a 30 mph zone) and No License in Possession. If he were found responsible on either one of the two violations he would become classified as an Habitual Traffic Offender (HTO) and would lose his license for 4 years. SF appealed the ticket and a Clerk-Magistrate Hearing in Woburn District Court was set for June 3, 2026, via zoom.

The police had SF on Lidar and the police report had him speeding in an area where there were two school buses. When the police pulled him over he could not locate his license. The facts were terrible and his driving record was terrible. SF needed a miracle.

SF consulted with and retained Attorney Robert Lewin from Andover to represent him. SF and Attorney Lewin worked side by side to put together a presentation that would hopefully convince the Clerk-Magistrate that SF was deserving of a second chance. It was a comprehensive presentation. Attorney Lewin had filed color photos of SF’s license, registration certificate, inspection sticker, front plate, rear plate, clear windows, and SF’s insurance policy which showed that he was in full compliance with the law regarding his car and that he was already paying well over $5,000 per year to insure a 14 year old car. The presentation struck a nerve with the Clerk-Magistrate. She gave SF a talking to about his driving, but in the end she said I am going to give you that second chance that Attorney Lewin requested. I am finding you NOT responsible of both violations.

May 15, 2026

Winning Twice

by Robert D. Lewin

On June 11, 2025, MK was stopped by the Lynn PD and given a citation for speeding and obstructed window. MK appealed the ticket and on October 28, 2025, MK had a hearing before a Clerk-Magistrate at Lynn District Court. MK retained a lawyer for that hearing. The lawyer did a good job and at the conclusion of the hearing the Clerk-Magistrate said that he was continuing the hearing for six months and if MK had no law violations during that six month period then findings of NOT responsible would be entered in the case. The six months went by; MK stayed out of trouble. On April 14, 2026, MK and his lawyer went back to Lynn District Court and the Clerk-Magistrate entered findings of NOT responsible as to both charges. MK had won his case. The police appealed! (On these Civil Motor Vehicle Infractions – CMVIs) either side can appeal the ruling of a Clerk-Magistrate.

The Appeal was set down for a hearing before a Judge on May 1, 2026. Although his lawyer had done a good job, MK wanted a “stronger, more assertive” (his words) lawyer to represent him on the Appeal. MK consulted with and retained Attorney Robert Lewin from Andover to represent him on Appeal. Attorney Lewin thoroughly prepared MK’s case. Attorney Lewin prepared a Motion for Findings of Not Responsible in the case. Attorney Lewin obtained a favorable written affidavit from the lawyer who had represented MK at the Clerk-Magistrate Hearing. Attorney Lewin served the motion and affidavit on the Lynn Police Prosecutor.

On May 1, 2026, MK and Attorney Lewin appeared in Lynn District Court in the First Session before the Judge. The Judge read Attorney Lewin’s Motion. Attorney Lewin began to argue the Motion; the Judge turned to the police prosecutor; the police gave up! The prosecutor said that they agreed that MK should be found NOT responsible. The Judge entered findings of NOT responsible as to each of the alleged violations.

April 26, 2026

HIT & RUN – DISMISSED

by Robert D. Lewin

On February 12, 2026, BC, a 59 year old janitor from Haverhill, was on his way to work. He was driving his 2024 Nissan and came to an intersection. According to a lady who was driving a car and coming from BC’s left he pulled out into the intersection directly in front of her causing her car to collide with his car. The lady told police he did not stop and that she turned around and chased after him getting his license plate number. She gave a description of the man who was driving. The police ran the license plate and saw that the car was registered to BC. The police issued BC a citation for Leaving the Scene of a Property Damage Accident and Failutre to Yield at an Intersection.

BC consulted with and retained Attorney Robert Lewin from Andover. BC insisted that he did not hear any collision and he did not feel any collision. BC brought his car to Attorney Lewin’s Office. Attorney Lewin inspected the car and took a series of photos of the car and a video of the car. BC’s car was pristine. It did not have a mark or dent on it. Attorney Lewin submitted the photos to the police. The police response was : “it must have been his tire that hit the lady’s car”. Attorney Lewin’ response to the police was that maybe it was the lady’s imagination that an accident happened at all.

At Attorney Lewin’s direction, BC requested a Clerk-Magistrate Hearing on the citation. On Friday, April 24, 2026 BC and Attorney Lewin appeared at Haverhill District Court for the Clerk-Magistrate Hearing. The police presented their case. Attorney Lewin showed the photos to the Clerk-Magistrate and argued that the visible evidence as shown in the photos clearly showed that no collision had occured at all. And given the lack of physical evidence of a collision, there was NO evidence that BC knew that there had been a collision. Knowledge that there was a collision is an element of the crime and there was no evidence of that. At the conclusion of the hearing, the Assistant Clerk-Magistrate ordered the Application for Crimnal Complaint to be DISMISSED.

April 22, 2026

ALIEN CHARGED WITH UNLICENSED OPERATION AND 3 OTHER CHARGES: ALL CHARGES DROPPED AT CLERK-MAGISTRATE HEARING

by Robert D. Lewin

On January 21, 2026, AM, a 28 year old Indian Resident Alien, was stopped by the State Police on Route 93N in Andover. He did not have a license (criminal offense); his car was unregistered (criminal offense); he did not have an inspection sticker and he was missing a plate (both civil infractions). AM was issued a citation for the four offenses and a clerk-magistrate hearing in Lawrence District Court was set up for April 22, 2026. AM was smart. He immediately got the car registered; he immediately got the plates attached; and he immediately got an inspection sticker. He had a license from India, but that is no good in the US. He was slow in making the attempts to get a license. AM consulted with and retained Attorney Robert Lewin from Andover (two days before the hearing date!). Attorney Lewin had AM email to Attorney Lewin the new registration certificate and photos showing the new inspection sticker and the plates on the car. AM still had not taken care of the license. The night before the hearing AM took the learner’s permit test and passed and got an email from the Registry showing his learner’s permit. The next morning, April 22, 2026, AM and Attorney Lewin appeared at Lawrence District Court for the hearing. Attorney Lewin presented to the Clerk-Magistrate all the documents to show that AM had “cured” all the problems for which he had been cited. At Attorney Lewin’s request, the Clerk-Magistrate denied the police application for a crimimal complaint for the unlicensed operation and the unregistered motor vehicle and the Clerk-Magistrate found AM NOT responsible of the two civil violations. It was a complete and total win.

After the hearing, Attorney Lewin explained the following to AM:

NO criminal complaint was issued against AM.