KC, a 27 year old mechanic from Hampstead, NH, got caught purchasing heroin during a police surveillance operation at a hotel in Andover. He was arrested on Saturday, December 26, 2015 and released to appear in Lawrence District Court for an arraignment on December 29, 2015. KC retained Attorney Robert Lewin to represent him and to appear in Court with him for his arraignment on December 29, 2015. KC’s timing was excellent. KC had no criminal record and is a Veteran. If his arraignment actually took place on December 29, 2015 then a criminal record would be created. It was important to try to avoid an arraignment from taking place.
Attorney Lewin had no less than three approaches to avoiding the arraignment. First, KC, as a Veteran who served in combat, was eligible to have his case diverted out of the criminal justice system under the newly passed Massachusetts Valor Act. Secondly, the Essex County District Attorney’s Office has a drug diversion program for first time drug offenders with no criminal record. Thirdly, Chapter 111E of the Massachusetts General Laws also provides a framework for diversion of drug cases out of the criminal justice system.