Articles Posted in Open and Gross Lewdness

On Thursday morning, July 2, 2015, PQ, a 64 year old man from Cambridge was out working in his garden completely naked. His next door neighbor a sixty-eight year old female was not amused. The police were called and responded. This was not the first time that PQ had done this – in fact it was the third time that had been reported. By the time the police had arrived PQ was in his house and had his clothes on. The female neighbor – who suffers from PTSD – told the police she was “shocked and alarmed” by his repetitive behavior. The police could have charged PQ with Open and Gross Lewdness and arrested him on the spot. Open and Gross Lewdness is a felony and upon two convictions sex offender registration is required. PQ got his first break that morning. The police did not arrest him; instead the police told him he would be receiving a notice from the Court. About one month later PQ received a Notice from the Cambridge District Court that the Cambridge Police had filed an application for a criminal complaint to issue against PQ for Indecent Exposure. The Notice informed PQ that a hearing would be held by a Clerk-Magistrate at the Court to determine whether or not PQ would be formally charged.That was PQ’s second break; the police were seeking a criminal complaint for Indecent Exposure, a misdemeanor that does not require sex offender registration as opposed to the felony charge of Open and Gross Lewdness. (Open and Gross Lewdness is an enhanced form of indecent exposure; it is Indecent Exposure that causes “shock and alarm”.) PQ retained Attorney Robert Lewin from North Andover. Attorney Lewin told PQ he had to enroll immediately with a therapist/counselor/psychologist with expertise in exhibitionism. PQ followed Attorney Lewin’s suggestion and immediately began a program of psychological counseling. Attorney Lewin contacted the Cambridge Police Prosecutor who in turn put Attorney Lewin in contact with the Officer who would be prosecuting the case at the Clerk-Magistrate Hearing. Attorney Lewin spoke at length with the prosecuting police officer and explained that PQ was now in psychological counseling. Attorney Lewin suggested to the prosecutor that the case be resolved at the level of the Clerk-Magistrate Hearing; specifically, Attorney Lewin advocated that a criminal complaint not be issued.
On September 15, 2015 PQ and Attorney Lewin appeared in Cambridge District Court for the Clerk-Magistrate Hearing. PQ’s neighbor was there; the property manager for the complex where PQ and his neighbor live was present; and the prosecutor from Cambridge PD was present. The neighbor told her story to the Clerk-Magistrate; the property manager testified as to the prior complaints from other neighbors in the complex and as to how PQ had been spoken to by the property manager on prior occasions. Attorney Lewin informed the Clerk-Magistrate as to PQ’s good background and as to how he had immediately enrolled in counseling with a psychologist with expertise in dealing with sex offenders. Attorney Lewin presented a report from the psychologist. Attorney Lewin advocated for the Clerk-Magistrate not to issue the criminal complaint but rather to hold the application for one year and if PQ were in no further trouble then the application could be dismissed. The neighbor objected and wanted either a complaint to issue or the matter to be left open for two years. Ultimately the Clerk-Magistrate adopted Attorney Lewin’s proposal and continued the hearing for one year. The Clerk-Magistrate gave PQ a stern warning that if he exposes himself again that he will be arrested and charged with both this case and the new case.
This was a significant win for PQ. He was not charged with any criminal offense; no entry will be made on his criminal record; when the one year goes by – assuming he has been able to keep his clothes on – this application for a criminal complaint will be denied and dismissed and the papers are destroyed. PQ left the courthouse quite relieved.

On October 8, 2013 PD, a 58 year old engineer, drove to the Loop Shopping Center in Methuen during the lunch hour. He parked his car in the parking lot in front of Marshall’s. A woman shopper came out of Marshall’s and proceeded to walk toward her car, which was parked behind and to the side of PD’s car. As she walked by PD’s car she looked over into his car through the open window and observed that PD was masturbating. She stated to the police that she saw his penis in plain sight and that PD was masturbating. She got into her car and called 911. There were police in the parking lot and they responded immediately. The police pulled up (2 cruisers) by PD’s car and got out and went over to PD’s car; his pants were unbuttoned, unzipped, and open and he was putting his penis back into his pants. The police arrested PD and charged him with Open & Gross Lewdness. Open & Gross Lewdness is a Felony in Massachusetts and two convictions require registration with the Sex Offender Registry.
PD retained Attorney Robert Lewin. Attorney Lewin immediately had PD enroll in mental health counseling with a counselor who was familiar with sex offenses. Attorney Lewin gathered up all the positive material from PD’s past (excellent military service record, college education record, and employment history). Attorney Lewin then met with the Assistant District Attorney for a pre-trial conference and was able to convince the DA that PD warranted consideration. Ultimately a plea bargain was worked out and the charge of Open and Gross Lewdness was continued without a finding. In December of 2014, provided PD stays out of trouble and continues with his mental health counseling, the charge will be dismissed. As a result of this disposition PD was not convicted of any criminal offense, he will not have to register with the Sex Offender Registry Board, and he is not required to wear a GPS device. PD was very relieved and happy with the result.

On February 24, 2014 JV, a 66 year old retired carpenter, woke up at about 7:30 in the morning. He sleeps in just a t-shirt. He got out of bed and walked over to a living room window and stood by the window looking outside. His private parts were exposed. According to a Winthrop Police Report an 11 year old boy living one house over looked over at JV and saw JV masturbating. The 11 year old boy got his Mother and she also looked over at JV’s house and she also observed JV masturbating. The mother called the police who responded. After an investigation the police applied for a criminal complaint against JV for Open and Gross Lewdness, a felony in Massachusetts. JV retained Attorney Robert Lewin from North Andover.

Attorney Lewin obtained copies of the police reports and then contacted the Police Prosecutor. Attorney Lewin had several discussions with the Police and ultimately the Police agreed not to push for the issuance of a criminal complaint. On April 23, 2014 JV and Attorney Lewin appeared in East Boston District Court for the hearing on the application for a criminal complaint that had been filed by the Police. Attorney Lewin explained to the Clerk-Magistrate that the case had been discussed at length with the police and that Attorney Lewin was requesting that no complaint be issued, but rather that the matter be left open for 1 year with the application to be dismissed at the end of the 1 year if JV is in no further trouble with the law. As a result of this disposition JV was not arrested, he was not charged with a crime, no criminal complaint was issued against him, he did not have to appear in open court before a judge, no entry of the case was made on JV’s CORI (criminal record), and there was no public notice of the charge that had been applied for against him. JV (and his wife) walked out of East Boston District Court very relieved and very happy that their court ordeal ended well.

It was a nice warm September day and JT was driving home in his car. He pulled into a parking lot in a State Forest in North Andover and began to masturbate in the car. A woman in an SUV pulled into the parking space next to JT. She looked over towards his car and he looked over at her. He continued to masturbate. She got out her cell phone and dialed 911. He backed his car up quickly and spead away, but not before she got his license plate. The police investigated. The police spoke to him and although he denied being in the parking lot he did tell the police he was the only person using his car that day. The woman ID’d his photo in a photo array as the man she saw masturbating. The North Andover PD charged JT with Open & Gross Lewdness (a felony). When the North Andover Police ran their data base they discovered that JT had a similar uncharged event from several years prior. This posed a major problem for JT – who is married and has a child. Two Open & Gross convictions requires Sex Offender Registration for 20 years and if he was placed on Probation the law mandates that he wear a GPS Tracking device during the term of his probation. JT retained Attorney Robert Lewin. Attorney Lewin met with the North Andover Police to see if prosecution for the old uncharged event could be avoided. Attorney Lewin also met with the Assistant District Attorney to try to work out a favorable plea bargain in the case. On November 29, 2012, Attorney Lewin and JT appeared in Lawrence District Court. After a full plea hearing the Judge ordered that JT’s case be continued without a finding for one year. JT agreed to have a mental health evaluation and comply with any recommendations for outpatient treatment. In one year if JT stays out of trouble the charge will be dismissed and JT will be eligible to request that the court record be sealed. Because the case was continued without a finding JT was not convicted and he does not have to register as a convicted sex offender and he does not have to wear a GPS Tracking bracelet. JT left the court very relieved

The importance of getting a criminal record sealed cannot be overstated especially if you are looking for work. RL is a 44 year old man from Billerica, MA and is a driver for a major transportation company. When he got his job no criminal record background check was done. At the beginning of January 2012 RL learned that his company was now demanding criminal record checks on all employees. RL had a criminal record that went back to 1985 and culminated in 1990 with two convictions for open and gross lewdness in Somerville District Court. If his employer were to learn of those two convictions it is almost a sure bet that RL would get fired. On Thursday, January 5, 2012 RL contacted Attorney Robert Lewin for the first time and arranged to meet with Attorney Lewin on the evening of January 5, 2012. Attorney Lewin had prepared the paperwork to get RL’s record sealed and at their first meeting on January 5 RL signed the paperwork. Attorney Lewin immediately submitted the petition to seal record to the Board of Probation. On Monday, January 9, 2012 the Commissioner of Probation approved the Petition to Seal RL’s criminal record. Thereafter, RL’s employer had RL sign an authorization allowing the employer to obtain a copy of RL’s criminal record. The employer submitted the authorization and the Board of Probation reported back that RL had no record of any criminal court appearances. There are two methods of getting a record sealed: one involves a Petition to Seal submitted directly to the Commissioner of Probation; the other involves a Petition to Seal submitted directly to the court where the criminal case was heard.The type of Petition that is used is determined by how old the criminal record is and the date of the last criminal case on the record. In RL’s situation, his cases were old enough that he was entitled to have his record sealed by a Petition submitted directly to the Commissioner of Probation. This type of Petition is easy, quick, and inexpensive. The firm of Lewin & Lewin does many Petitions to Seal over the course of a year and is highly successful.