Massachusetts Criminal Lawyer Blog
WS, a 68 year old lawyer from Essex County, had lived with his wife and mother-in-law. In 2018 his wife died of cancer and thereafter WS and his mother-in-law continued to live in WS’s home. In December of 2020 WS was accused of Assault & Battery on an Elderly Person for allegedly assaulting his mother-in-law, who was then age 82. The mother-in-law had been found walking outside on a frigid night by a neighbor and accused WS of mistreating her. WS was charged with Assault & Battery on an Elderly Person. WS sought out an attorney to represent him and consulted with and retained Attorney Robert Lewin from Andover to represent him. It turns out that Attorney Lewin had successfully represented WS’s wife prior to her death on a similar charge.
Attorney Lewin thoroughly reviewed the police reports and it was very clear that no Assault & Battery had occurred. The police had actually charged WS under the wrong criminal statute. The proper charge would have been a charge of Elder Abuse and Neglect by a Caretaker. Attorney Lewin filed a Motion to Dismiss the Assault & Battery charge. After a full hearing in Lawrence District Court, the Judge ordered the Assault & Battery charge dismissed.
Several months passed by and the police then applied for a new criminal complaint against WS for Elder Abuse and Neglect by a Caretaker. Again WS retained Attorney Lewin to defend him. Attorney Lewin thoroughly studied the case law under the Elder Abuse and Neglect law and was convinced that WS had not violated the law. On October 28, 2021 a Clerk-Magistrate Hearing was held at Lawrence District Court on the police application for the new criminal complaint. After a full hearing the Clerk-Magistrate found NO probable cause and denied the application for a criminal complaint.
As a result of this decision Attorney Lewin pointed out the following to WS:
- NO criminal complaint was issued against WS for Elder Abuse.
- WS did NOT have to return to court and go before a judge.
- WS was NOT charged.
- WS was NOT arrested.
- NO entry would be made in the Massachusetts CORI (Criminal Offender Record Information) system against WS
- NO criminal record would be created
- WS’s license to practice law would NOT be put in jeopardy.
Needless to say WS left the courthouse a happy man and was very grateful to Attorney Lewin for the work he had done.