Destruction of Property

January 25, 2026

Juvenile Deliquency Complaint Withdrawn – A Complete WIN

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Attorney Lewin received an email from the Clerk-Magistrate of the Lynn Juvenile Court informing him that the police had withdrawn the application for a criminmal/juvenile delinquency complaint against MO.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:

January 29, 2025

Road Rage Charge To Be Dismissed

by Robert D. Lewin

On April 29, 2024, JV, a 30 year old environmental consultant, was driving his car on Rt. 113 in Methuen. Another vehicle was following him very closely and then passed him in a no pass zone. The two cars then played cat and mouse. JV then found himself in front of the other car and then the other car passed by him and cut JV off almost causing a collision. JV then pulled alongside the other vehicle and threw a metal speaker at the other vehicle, striking the other vehicle, and putting a dent in the other vehicle. The two vehicles pulled over and the police were called and responded within minutes. JV admitted to the police that he had thrown the metal speaker at the other vehicle. The police charged JV with Malicious Destruction to a Motor Vehicle. The problem with this particular charge is that it carries a 1 year loss of license and it cannot be continued without a finding.

JV consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained the police reports and more importantly the police body cam recordings from the scene. The body cam recordings very helpful. They showed that the driver of the other vehicle was a raving lunatic. In addition, another motorist stopped at the scene and spoke to the police and said that the other driver was driving like a madman and that he had cut her off as well. Although that did not excuse JV’s throwing the metal speaker, it provided context to the entire episode.

Prior to the court date, Attorney Lewin met with the DA and had insisted that the DA watch the police body cam, which the DA did. In addition, Attorney had asked the DA to reduce the charge to simple destruction of personal property (which carries NO loss of license). In addition, Attorney Lewin asked the DA to dismiss the case.

June 9, 2024

DESTRUCTION OF PROPERTY CHARGE AVOIDED

by Robert D. Lewin

KM, a strikingly beautiful 22 year old single mom, made a poor choice of boyfriend. She had an apartment in Methuen and he moved in with her. She became pregnant and then the boyfriend cheated on her. How did KM know? She found a video on the boyfriend’s cell phone of the boyfriend and the “other woman” having sex! In a moment of anger, KM broke the bathroom door in the apartment and put a whole in the wall. Yes, she has a temper. The boyfriend called the police. (You can’t make this stuff up.) The police came, investigated, and applied for a criminal complaint against KM for malicious destruction of property in Lawrence District Court. The application was set down for a Clerk-Magistrate hearing on January 30, 2024. KM consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin contacted the Police prosecutor and explained the entire episode to the police prosecutor. KM had a family member who could do repair work and could fix the door and the wall.

On January 30, 2024, KM and Attorney Lewin appeared in Lawrence District Court for the Clerk-Magistrate Hearing. Attorney Lewin explained the situation to the Clerk-Magistrate. Attorney Lewin proposed that the Clerk-Magistrate take no action on the application for criminal complaint and continue the hearing for 3 months to give KM an opportunity to fix the door and fix the hole in the wall. The Clerk-Magistrate (and the police prosecutor) agreed with Attorney Lewin’s suggestion and the hearing was continued to April 30, 2024. The Clerk-Magistrate said that if the repairs were completed before that date the no one had to come to court and the matter would be dismissed.