Shoplifting

August 26, 2026

ANOTHER SHOPLIFTING CHARGE AVOIDED

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.

March 22, 2026

Ten Time Shoplifter: Case DISMISSED

by Robert D. Lewin

JL, a 56 year old truck driver, was caught shoplifitng (by tampering with the price tags) at Walmart in North Reading on January 19, 2026. He was brought to the Asset Protection Office and the North Reading Police responded to the store. The Asset Protection Officer at Walmart informed the police that they had surveilled JL on TEN prior occassions shoplifting to the amount of $520.00. Because he had his young daughter with him, the police did not arrest him, but told him he would be summoned to Court. On February 4, 2026, JL went to Woburn District Court – without a lawyer (big mistake) – for a Clerk-Magistrate hearing and the Clerk-Magistrate issued a criminal complaint against JL for Shoplifting By Price Tag Tampering. JL contacted and retained Attorney Robert Lewin from Andover.

The biggest problem with being caught shoplifting is the risk of conviction which brands you as a THIEF. And no one wants to hire a THIEF. JL made a big mistake by going to the Clerk-Magistrate hearing without a lawyer. Many of these shoplifitng cases – even for multiple offenders such as JL – can be settled at a Clerk-Magistrate Hearing without a criminal complaint being issued.

In any event, the Criminal Complaint against JL was set down for arraignment in Woburn District Court on March 18, 2026. Attorney Lewin reached out to the District Attorney’s Office before March 18, 2026 to discuss the case and to see if the case could be resolved favorably. On March 18, 2026, JL and Attorney Lewin appeared in Woburn District Court. Attorney Lewin spoke again to the Assistant DA and the Assistant DA said he would agree to recommend that the case be dismissed if JL agreed to pay $250 in court costs. The case was called in open court and Attorney Lewin and the Assistant DA told the Judge that the two sides had reached an agreement to dismiss the case upon the payment by JL of $250 in court costs. JL paid the $250.00. The Judge ordered the case dismissed.

March 9, 2026

10 Time Shoplifter – Dismissed

by Robert D. Lewin

OQ, a 39 year old Indian immigrant, was caught shoplifting at the Target Store in Wilmington on January 31, 2026. She was brought back to the loss prevention office and the Wilmington Police responded. The loss prevention officer at the store told OQ (and the police) that OQ was “a serial shoplifter as their records show nine other incidents of shoplifting from multiple stores”. OQ had her two young children with her. The police did not arrest her, but told her that she would receive a notice from Woburn District Court.

OQ immediately sought out a lawyer and contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately contated the Wilmington Police and was able to obtain a copy of the police report and the Target investigation report. Attorney Lewin also contacted the Target Corporate law firm.

The police filed an Application for a Criminal Complaint against OQ at Woburn District Court. The case was set up for a Clerk-Magistrate hearing on March 4, 2026. Attorney Lewin got OQ to pay restitution to Target for all the merchandise she had stolen and payment was made before the Clerk-Magistrate Hearing. Attorney Lewin had several discussions with the Police Prosecutor and ultimately the police prosecutor agreed to recommend to the Clerk-Magistrate that NO complaint be issued againt OQ.

January 28, 2026

Another Shoplifting Charge Avoided

by Robert D. Lewin

On November 3, 2025, KK, a 38 year old executive, went into the Target Store in Wilmington. She shopped for a while putting numerous items into her shopping cart. KK then went to the self checkout aisle. She then began to “skip scan” her items, scanning some items and not scanning others. She placed all her items in a bag and headed out of the store when store security stopped her and brought her back into the store. She was captured on video and she was recognized as a person who had shoplifted at Target previously. The police were called to the store and KK was told she would be summoned to court.

KK consulted with and retained Attorney Robert Lewin, from Andover. Attorney Lewin immediately obtained the police report and then contacted the police prosecutor from Wilmington. KK had no criminal record and it was obviously important to keep her from getting a record. Attorney Lewin advocated on KK’s behalf with the police prosecutor and ultimately the prosecutor agreed to a resolution of the case at the clerk-magistrate hearing where KK would NOT be charged. The Clerk-Magistrate’s Office set the case down for a hearing on January 28, 2026.

On January 28, 2026, KK and Attorney Lewin appeared in Woburn District Court. The case was called in the hearing room and the Clerk-Magistrate asked Attorney Lewin and the Police Prosecutor if they had discussed the case. They both answered yes and they both answered that they had an agreement. The clerk-magistrate turned to KK and said that Attorney Lewin was one of a very few lawyers who speaks to the police ahead of time to try to work out an agreement ahead of the hearing date. The police prosecutor told the Clerk-Magistrate that both sides were requesting that a criminal complaint NOT be issued against KK. The Clerk-Magistrate then said (a) that he was going to simply continue the case for three months and (b) as long as KK stayed out of the store and stayed out of trouble that no one needed to return to Court and the police application for a criminal complaint against KK would be dismissed.

August 5, 2025

Shoplifting Charge Avoided in Worcester District Court

by Robert D. Lewin

On June 16, 2025, JB, an 18 year old high school graduate, and his girlfriend went shopping at the Target in Millbury. JB picked up a number of items and concealed them in his backpack. The items had a retail value of $178.56. JB went through the self checkout line and paid for one small case of soda. His girlfriend walked out with a package of lollipops for which she did not pay. Loss prevention personnel stopped JB as he was about to exit the store and brought him back to the loss prevention office. The Millbury Police responded to the store and took JB’s information and told him he would be summonsed to Court. The loss prevention people also discovered that JB and his girlfriend had been identified as shoplifting at the Target store in Salem, MA.

JB then received a notice that the police had applied for a crimimal complaint against him for Shoplifting by Concealment of merchandise at Worcester District Court. The hearing was set for August 5, 2025. JB retained Attorney Robert Lewin from Andover to represent him.

Attorney Lewin immediately contacted the police prosecutor from Millbury to discuss the case with him. It was important to note that JB had just graduated technical high school and was awaiting admission into the carpenters’ union. The big problem with a shoplifting charge is that once it is on your record you get branded as a thief; and no one wants to hire a thief. Attorney Lewin explained in detail to the police prosecutor JB’s situation.

May 21, 2025

15 Time Shoplifter – Complaint Avoided

by Robert D. Lewin

On December 21, 2024, NP, a 35 year old female hospital operating room technician was caught shoplifting at the Target store in Lowell. She went through the self checkout without scanning an item. A loss prevention officer caught up to her and brought her back into the store. The Lowell Police were called to the store. The Target stores use facial recognition technology to identify shoplifters. Unfortunately for NP, this was the 15th time she had been observed (and recorded) shoplifting at Target in Lowell and Salem, NH. The police told NP she would receive papers to go to Lowell District Court.

NP consulted with and retained Attorney Robert Lewin from Andover. A Clerk-Magistrate hearing was set up for May 9, 2025. The purpose of the Clerk-Magistrate Hearing is for the Clerk-Magistrate to decide whether to issue a formal criminal complaint against the accused person. NP has no criminal record and a criminal record for shoplifting (which in reality is stealing) could cost her a job. If the Clerk-Magistrate issues a criminal complaint then the accused has to return to court for an arraignment in front of a Judge and a criminal record is created. If the Clerk-Magistrate can be persuaded not to issue a criminal complaint, then the accused is not charged and no criminal record is created. The Defense lawyer’s goal is to do his or her best to convince the Clerk-Magistrate not to issue the complaint.

Attorney Lewin went to work immediately. Attorney Lewin has established an excellent working relationship with Asset Loss Prevention team at Target and with the Police Prosecutors from Lowell. Attorney Lewin immediately contacted the Asset Protection team at Target. Attorney Lewin also contacted the police prosecutor at the Lowell PD. Attorney Lewin was able to get the police and Target not to oppose Attorney Lewin’s request for a criminal complaint NOT to be issued against NP.

December 18, 2024

3 Time Shoplifter – Criminal Complaint Avoided in Lowell District Court

by Robert D. Lewin

FL is a 26 year old Academic Advisor at a local college. FL is also a compulsive shoplifter. On June 10, 2024, June 11, 2024, and again on July 29, 2024 FL was caught on camera shoplifting at a local Target store. Store security was not able to stop FL as he left the store, but they did get a license plate number of the car he was driving as he left the parking lot. The plate number was turned over to the Lowell Police and they traced the plate back to FL. On August 1, 2024 the police went to FL’s home and quickly identified FL as the person caught on the security cameras at the store. When questionned FL told the police that he may have failed – by mistake(!) – to scan several items. What the security video actually showed was FL scanning the tag of an inexpensive item several times while putting more expensive items into his shoppinjg bag as if the more expensive items had been scanned. The police told FL that he would receive a notice to go to court.

Within days, FL received a notice of a Magistrate’s Hearing alleging three counts of shoplifting. The hearing was scheduled for Friday, December 6, 2024 at Lowell District Court. FL contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained a copy of the police report. Attorney Lewin contacted the Lowell Police Prosecutor to discuss the case and Attorney Lewin also reached out to the Asset Protection team at Target. Attorney Lewin took a full background history from FL. It was immediately apparent to Attorney Lewin that if FL were actually charged with shoplifting (which would brand FL as a THIEF) that his job as an Academic Advisor would be lost.

On December 6, 2024 FL and Attorney Lewin appeared at Lowell District Court for the Magistrate Hearing. Attorney Lewin explained FL’s background to the Clerk-Magistratem, stressing the facts that he had no criminmal record, that he had a good education, and that he had a good job. Attorney Lewin asked the Clerk-Magistrate NOT to issue a crimimal complainmt. Prior to the hearing Attorney Lewin had spoken with the police prosecutor (this is called good case preparation). After Attorney Lewin made his pitch to the Clerk-Magistrate, the Police Prosecutor told the Clerk-Magistrate that he had no objection to what Attorney Lewin was requesting. The Clerk-Magistrate then continued the hearing for 3 months to March 14, 2025. The Magistrate then ordered that if FL stayed out of trouble with the law, then on Mardch 14, 2025 no one had to return to court and the matter would be dismissed without a criminal complaint being issued agasinst FL.

September 23, 2024

Another Shoplifting Charge Avoided

by Robert D. Lewin

On August 15, 2024, BS, a 57 year old professional woman, went to the Target store in Danvers. She shopped and filled up a shopping cart with merchandise. She then went to the self-checkout area and began to scan her items. When she was done scanning she paid $313.64 on her credit card and then headed out of the store. Just as she got out of the store she was stopped by store security and then brought back into the store to the loss prevention office. There was $276.87 in merchandise in her cart that she had not paid for. There was video of her at the self-checkout which allegedly showed her not scanning certain items. BS was told she would receive a notice from the Salem District Court. BS consulted with and retained Attorney Robert Lewin from Andover.

BS insisted that she did not intentionally fail to scan anything. Apparently there were some items at the bottom of her cart that she mistakenly forgot to scan. The Danvers Police had been called to the store and Attorney Lewin was able to obtain a copy of the Danvers Police report. That report seemed to corroborate what BS was saying. Attorney Lewin made contact with the loss prevention officer form the store and advocated for the store not to seek a criminal complaint.

On September 20, 2024, BS and Attorney Lewin appeared at Salem District Court for the hearing. Attorney Lewin was thoroughly prepared. Attorney Lewin furnished a copy of the Danvers Police Report to the Clerk Magistrate. That report (which the store did not want the Clerk-Magistrate to see) corroborated what BS was saying.

June 2, 2024

Alien (Indian) Shoplifter NOT Charged

by Robert D. Lewin

On April 29, 2024, ML, a 32 year old Indian woman, was caught shoplifting at a large department store in Cambridge. She had been shoplifting from that store for a considerable time and had now put in danger her ability to stay here in the U.S. She is in the U.S. on a student visa, and shoplifting (larceny) is a deportable offense. In May of 2024 she was due to graduate from one of the most prestigious universities in Boston with a graduate degree. ML contacted Attorney Robert Lewin from Andover. Attorney Lewin explained in detail the deportation consequences of a shoplifting conviction and he explained the importance of immediately opening a conversation with the police. ML retained Attorney Lewin.

Attorney Lewin immediately contacted the police prosecutor from Cambridge and then Attorney Lewin was able to speak with the actual officer who was investigating ML’s case and who would make the decision about prosecuting the case in court. Because ML had contacted Attorney Lewin immediately after being caught and before any court action had been begun, there was a chance (non-existent in most cases) that the case could be stopped BEFORE any court action was begun by the police (or the store). On May 17, 2024, after several productive conversations with the police, the police agreed NOT to bring any charges against ML, provided she stay out of the store for one year and provided that she pay $985 in restitution to the store. ML paid the restitution that same day. ML then attended her graduation!

It is very unusual to be able to “kill” one of these shoplifting cases at the “police station” level without the case going to a Clerk-Magistrate hearing. As a result of this disposition, Attorney Lewin explained the following to ML.