Juvenile Delinquency

August 24, 2026

ANIMAL CRUELTY CASE DIVERTED IN JUVENILE COURT

On December 23, 2025, WM, a 16 year old juvenile drove his car (a white Honda Accord) to the parking lot of a shopping plaza in Tewksbury. It was about 11:00 am and school had released early that day. There was a flock of seagulls gathered together in the parking lot. At about the same time the police received a 911 call of 2 dead seagulls in the parking lot. The police responded to the parking lot and observed the 2 dead seagulls. The police began an investigation and were able to obtain video footage from a number of the stores in the plaza. The police report recites: “I then observed … a white sedan believed to be a Honda Accord, enter the Aubuchon Hardware Parking lot from the south entrance. The vehicle then proceeds across multiple rows of empty parking spots directly towards the small area where the birds were located. The vehicle appears to acceleraste to an unreasonable speed for the area and intentionally strike the seagulls.” Through further investigation the police were able to identify WM as the operator of the vehicle that struck the birds. The police then conducted an interview with WM and one of his parents and he “admitted to seeing the birds, driving through them and striking them with his vehicle”.

The police charged WM in Lowell Juvenile Court with two counts of Animal Cruelty (a felony) and one count of Negligent Operation of a Motor Vehicle. WM’s parents met with and retained Attorney Robert Lewin from Andover. Attorney Lewin learned that WM had never been in trouble before and that he was excellent student in school. Attorney Lewin immediately contacted the Middlesex County District Attorney’s Juvenile Diversion Program. Technically, WM’s case was not eligibile for what is called DA Diversion. Nevertheless, Attorney Lewin pressed the DA’s Office to allow WM into the Diversion Program. (The Diversion Program is extremely beneficial to an accused as it REMOVES THE CASE from the juvenile (criminal) justice system and ends up in the case being DISMISSED and NO CRIMINAL OR JUVENILE RECORD gets created.

On March 19, 2026, WM’s case was set for arraignment. WM and both of his parents along with Attorney Lewin appeared in Lowell Juvenile Court. When the case was called Attorney Lewin explained to the Judge that he had been in extensive discussions with the DA’s Office about referring WM to the Juvenile Diversion Progtram. Attorney Lewin asked the Judge to postpone WM’s arraignment for one month to allow the Diversion Program to make a decision about accepting or rejecting WM’s case. (It is the taking place of the arraignment that creates an entry in the CORI [Criminal Offender Record Information] System; as long as the arraignment does not take place, no record gets created.) The Judge and the DA agreed to the continuance of the arraignment and the case was set down for April 23, 2026, for arraignment or possible diversion. WM and his parents and Attorney Lewin then met with the people from the Diversion Program and the DA’s Office agreed to take WM into the Diversion Program. (It is important to note that the charges against WM were NOT eligible for diversion; nevertheless Attorney Lewin was successful in getting the DA’s Office to agree to diversion. This was the direct result of thorough and persuasive advocacy by Attorney Kewin on WM’s behalf.)

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:

October 7, 2025

Lawrence Juvenile Court Breaking and Entering Case DISMISSED, Prior to Arraignment.

by Robert D. Lewin

On July 16, 2025, DK, a 16 year old juvenile, and two friends broke into a camp building in Groveland. DK was originally charged with Breaking and Entering with the intent to commit a misdemeanor. Because DK had no prior involvement with the police and because the offense was minor misdemeanor, under the new Juvenile Court procedure the charge was dismissed by a clerk-magistrate and DK had no juvenile court record.

The District Attorney’s Office, turned around and brought a new charge against DK: Breaking and Entering with the Intent to Commit a Felony. This charge is a felony and could not be dismissed by a clerk-magistrate. The Clerk-Magistrate at Lawrence Juvenile Court issued a summons and a juvenile delinquency complaint against DK ordering DK and his parents to appear at Lawrence Juvenile Court for DK to be arraigned on October 7, 2025. DK and his parents met with and retained Attorney Robert Lewin from Andover to represent DK.

Attorney Lewin immediately went to the court and obtained the police reports and all the court papers. It was immediately clear to Attorney Lewin that this case was merely a repeat of the case that the Clerk-Magistrate had ordered dismissed. In addition, it was abundantly clear to Attorney Lewin that DK had NO intent to commit any crime – let alone a felony – when he entered the building. Attorney Lewin then immediately met with the Assistant District Attorney who was prosecuting the case. After a brief discussion, the Assistant DA agreed to dismiss the case. prior to arraignment.

March 2, 2024

Juvenile Case Diverted Out of System

by Robert D. Lewin

On December 27, 2023, a group of young teenagers had finished playing basketball at a park in Newburyport. It was early evening and the group of 7 boys was walking on the side of a street in Newburyport. A tow truck turned onto the street and proceeded down the street. The boys saw the truck and signaled the driver to blow the horn on the truck. The driver obliged and gave a loud blast of the horn. According to the police report, the boys all laughed and one of the boys yelled out the “N …” word and spit at the driver – who it turned out was a black man. The driver stopped the truck and called 911. The boys all ran. The police responded and quickly found 5 of the 7 boys. The 5 boys at first denied everything, but then admitted to the police that SU, a 13 year old boy, had been the boy who yelled the N word. The police went to SU’s house where they spoke with SU and his Mother. SU admitted to having used the N word, but denied spitting at the driver. In Massachusetts contact spitting is an assault and battery. The police charged SU with Disorderly conduct and Assault and Battery.

SU’s parents met with (over zoom) and retained Attorney Robert Lewin from Andover to represent SU. Attorney Lewin prepared a comprehensive Motion to have the case diverted. When a case is diverted, it is removed from the criminal/juvenile justice system and, most importantly, no criminal/juvenile record is created.

On February 28, 2024, SU, his parents, and Attorney Lewin appeared in Juvenile Court in Newburyport. The Judge had read Attorney Lewin’s comprehensive Motion for Diversion (which included a copy of SU’s excellent report card from school). After a hearing, the Judge ordered that SU was NOT to be arraigned and the Judge ordered the case diverted. Specifically the Judge continued the case for 3 months and ordered SU to write a letter of apology and an essay. If SU writes the letter and the essay and stays out of any further trouble, then on June 5, 2024, SU and his parents will not have to return to court and the case will be dismissed without arraignment and no criminal/juvenile record will be created.

December 10, 2023

Juvenile Negligent Operation Charge Diverted

by Robert D. Lewin

LS, a 17 year old high school student, took one of his family cars and decided to do a time trial on an Andover Street. He had three other kids in the car with him. Going around a corner at a high speed he lost control and crashed into a stone wall. Fortunately for LS no one was hurt and the other three kids in the car took off. A neighbor called the police and the Andover Police arrived shortly thereafter. LS was cited by the police for speeding and negligent operation. LS and his parents met with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately told LS to file the citation at the Clerk-Magistrate’s at Lawrence Juvenile Court. The filing of the citation at the court preserved LS’s right to a Clerk-Magistrate Heating BEFORE a juvenile complaint was issued against him.

Negligent Operation is what is called a Chapter 90 Offense; Chapter 90 is the Massachusetts Motor Vehicle law. Juvenile’s, with no prior court involvement, are typically eligible for consideration into the Juvenile Diversion program. The Juvenile Diversion Program causes a criminal (juvenile) charge to be “diverted” out of the criminal justice system. As a matter of practice, however, Chapter 90 Offenses (such as Negligent Operation in this case) will not be diverted.

After being hired, Attorney Lewin went over to the Juvenile Court in Lawrence to review the court papers and get a copy of the police report. The Clerk-Magistrate informed Attorney Lewin that the police had not yet filed their paperwork at the Court. There is a little known rule called the “6-Day Rule”. The Motor Vehicle Law contains a provision that the police must file their paperwork at the court within 6 business days of the violation. When Attorney Lewin saw that the police had not filed their paperwork (on the fourth business day), Attorney Lewin called LS and his parents and told them we are doing to go silent and wait and see if the police file within the 6 business days. And wait they did. Finally on the 15th business day after the violation the police filed their paperwork at the Court. Attorney Lewin immediately filed a Motion to Dismiss the case for violation of the 6 day rule.

October 31, 2021

Assault & Battery by Dangerous Weapon Charge Diverted in Juvenile Court

by Robert D. Lewin

On May 7, 2021, TN, a seventeen year old female student at an Essex County High School, got into an argument with another female student in the ladies bathroom at the school. The female student took out her cell phone and began recording TN at which point TN took her shod foot (a foot with a shoe on it) and kicked the student striking the hand with the phone. The incident occurred in the presence of witnesses and to a great extent was recorded by the other student. TN was charged with assault and battery by means of a dangerous weapon (s shod foot) and was summonsed to appear in Newburyport Juvenile Court. TN’s parents consulted with and hired Attorney Robert Lewin from Andover. The case was scheduled for an arraignment in Juvenile Court on June 2, 2021.

Essex County has a Juvenile Diversion Program which, in essence, allows a juvenile to avoid getting a record. Attorney Lewin immediately obtained a copy of the video and the police reports and reviewed these with TN and her parents. TN and her family agreed that if TN could get her case diverted it made great sense as the evidence was not “pretty”. Attorney Lewin contacted the director of the Juvenile Diversion program and after reviewing the case she agreed that TN would be a good candidate for diversion.

On June 2, 2021 TN’s case was called for arraignment in Newburyport Juvenile Court. The arraignment was NOT held. By agreement the case was continued to October 6, 2021 (4 months) to allow TN to complete the diversion program.

September 4, 2019

JUVENILE CHARGES DIVERTED OUT OF THE JUVENILE COURT

by Robert D. Lewin

ED, age 17 from a bedroom community north of Boston, graduated with honors from High School in May 2019 and was due to go off to college in August. On Monday, May 27, 2019, he was with some friends. They all decided to get some weed and get high. One of the boys got weed and they all proceeded to smoke. ED’s last good memory was smoking the weed. His next good memory was waking up in an ambulance being brought to the hospital.

According to a police report the police responded to an accident scene as the result of several 911 calls. Upon arrival at the scene and speaking with witnesses it was determined that ED had run out into the street directly in the path of an oncoming car and was struck by the car. The driver of the car – herself in shock at what had happened – remained at the scene. According to police reports ED, after the collision, entered a motor vehicle and barricaded himself in the vehicle. The police ordered ED out of the car but he refused. After some tugging and pulling ED was removed from the car and forced to the ground. He resisted the police and scratched at the police and actually bit one of the police. Back up offices arrived at the scene and ED was subsequently cuffed and placed into an ambulance. According to one police officer’s report ED was in an “excited delirium state”; his heart was racing, he was sweating profusely, and when he spoke he made no sense.

The police charged ED with two counts of assault and battery on a police officer, one count of malicious destruction to property, disorderly conduct, and interfering with a police officer.

September 1, 2019

SHOOTING CHARGE DISMISSED IN LAWRENCE JUVENILE COURT

by Robert D. Lewin

KC, a 14 year old juvenile, resides with his parents in Georgetown, MA. For months he has been bullied by a 17 year old youth also from Georgetown. On Wednesday, April 3, 2019 KC was walking with several friends towards KC’s house. They were about thirty yards away from KC’s house when the bully rode by in a car. As the bully passed KC, the bully yelled out “Fuck you, you fucken pussie, you won’t fight me.” The car went up the street, turned around and came back. The bully got out of the car and yelled at KC “Fuck you; I’ll beat your ass.” The bully came at KC. KC happened to be carrying CO2 cartridge Air Soft Gun. He pulled out the gun which but for the orange tip and the white tape on the barrel looks just like a real gun. The bully kept advancing and KC fired the gun at the bully.

The police arrived within minutes. The gun was confiscated from KC. KC’s mother had arrived at the scene. Because of his young age the police did not arrest KC but told his mother that KC would be summonsed to juvenile court. Subsequently KC received a summons to appear in Lawrence Juvenile Court for an arraignment on a charge of Assault & Battery with a Dangerous Weapon. This charge is a felony and is NOT a charge that can be diverted by a Judge.

KC’s mother and father contacted and with their son met with Attorney Robert Lewin from North Andover. After a lengthy initial consultation which was free KC’s parents retained Attorney Lewin. It was very clear to Attorney Lewin that KC had acted in self-defense following a long period of bullying.

April 22, 2019

JUVENILE FELONY CHARGE DIVERTED OUT OF LYNN JUVENILE COURT

by Robert D. Lewin

On April 2, 2019, EB, a 14 year old 8th grader from Lynn and a group of other youths gathered at an abandoned school building in Lynn and with a set of large wire cutters attempted to break into the building. The youths were caught by the police and charged with Possession of Burglar’s Tools (a felony), Attempted Breaking and Entering, and Trespass. EB (and his parents) were summonsed to appear in Lynn Juvenile Court for an arraignment on April 19, 2019. EB’s parents consulted with and retained Attorney Robert Lewin from North Andover to represent EB.

Attorney Lewin immediately went to Lynn Juvenile Court and obtained copies of the police reports. Attorney Lewin then went to the District Attorney’s Office (next door to the Juvenile Court) and met with the staff of the Essex County Juvenile Diversion Program for Lynn Juvenile Court. Attorney Lewin pointed out that this was EB’s first violation of the criminal law and that EB was an excellent candidate for the Juvenile Diversion Program. The Juvenile Diversion Program is a program run by the District Attorney’s Office that literally diverts (removes) a case out of the Juvenile Court system. The program typically consists of some hours of community service, writing a paper, and getting counseling. In return for that the Juvenile case is DISMISSED and NO criminal/juvenile record is created. It is a win-win.

The District Attorney in EB’s case agreed with Attorney Lewin that EB was a good candidate for diversion. On April 19, 2019 EB, his parents, and Attorney Lewin appeared in Lynn Juvenile Court. Although the case was scheduled for EB to be arraigned, the arraignment did NOT take place and EB’s case was diverted out of the Court system. EB has to do 20 hours of community service and meet with a counselor. If EB complies with the program and stays out of trouble then in six months EB will NOT have to return to Court and all the charges will be DISMISSED. Because EB’s case was diverted prior to EB being arraigned, EB will not have any criminal or juvenile record. That is why diversion can be such a favorable resolution of a case.

April 17, 2019

Juvenile Threat to Shoot In School Charge Diverted

by Robert D. Lewin

On March 26, 2019, KF, a 14 year old 8th grade student in an Essex County town, was with several friends in the school cafeteria at lunch time. Words were exchanged and KF said to one of the girls at the table “If you tell, I’ll bring a gun to school and shoot you all in the head”. One of the students at the table told their parent who in turned notified the school authorities who in turn notified the police. The police went to the school and spoke with KF and KF’s mother. The police also went to KF’s house and with the consent of KF’s Mother searched the house. KF’s mother’s boyfriend kept a gun at the house. Fortunately the gun was fully secured with a trigger lock and a barrel lock and the gun was locked in a gun safe. KF’s mother’s boyfriend had a valid license to carry. In KF’s bedroom the police found 4 knives. DCF (the Massachusetts Department of Children and Families) was notified. The school suspended KF. The police went to the Juvenile Court and applied for a Juvenile complaint against KF for Threatening to Use a Firearm in a school – a 20 year felony.

KF’s mother contacted Attorney Robert Lewin from North Andover. KF and her mother met with Attorney Lewin for a free 2 hour long initial consultation. The case was a serious case and demanded that it be handled with care. On April 5, 2019 KF’s mother retained Attorney Lewin. Attorney Lewin immediately went to work on the case. The Juvenile Court had scheduled a “show cause hearing” before the Clerk-Magistrate of the Court for April 16, 2019. The purpose of the “show cause hearing” was for the Clerk-Magistrate to decide whether KF would actually be charged. These “show cause hearings” are real important as they are an opportunity to prevent the accused person from actually being charged. Success at a “show cause hearing” means that the accused does not get charged, does not have to appear before a judge, and – most importantly – does NOT get a record. Attorney Lewin had 11 days to get the case ready for the hearing.

Attorney Lewin immediately went to the Court and obtained the police reports and all the other important case papers from the Clerk-Magistrate’s Office. Attorney Lewin then went to the District Attorney’s Office and met with the Coordinator of the Essex County Juvenile Diversion Program. After a lengthy discussion with the people from the Diversion Program, the District Attorney’s Office agreed that KF would be a suitable person for diversion. Attorney Lewin then spoke with the Police Prosecutor and he also agreed that KF would be a suitable candidate for diversion. On April 16, 2019 KF, KF’s Mother, Attorney Lewin, and one of the girls who had been at the table when the incident occurred (who was prepared to testify that they knew that KF was kidding when she made the statement about the gun) all appeared at the Juvenile Court for the show cause hearing.