Massachusetts Criminal Lawyer Blog
KM, a strikingly beautiful 22 year old single mom, made a poor choice of boyfriend. She had an apartment in Methuen and he moved in with her. She became pregnant and then the boyfriend cheated on her. How did KM know? She found a video on the boyfriend’s cell phone of the boyfriend and the “other woman” having sex! In a moment of anger, KM broke the bathroom door in the apartment and put a whole in the wall. Yes, she has a temper. The boyfriend called the police. (You can’t make this stuff up.) The police came, investigated, and applied for a criminal complaint against KM for malicious destruction of property in Lawrence District Court. The application was set down for a Clerk-Magistrate hearing on January 30, 2024. KM consulted with and retained Attorney Robert Lewin from Andover.
Attorney Lewin contacted the Police prosecutor and explained the entire episode to the police prosecutor. KM had a family member who could do repair work and could fix the door and the wall.
On January 30, 2024, KM and Attorney Lewin appeared in Lawrence District Court for the Clerk-Magistrate Hearing. Attorney Lewin explained the situation to the Clerk-Magistrate. Attorney Lewin proposed that the Clerk-Magistrate take no action on the application for criminal complaint and continue the hearing for 3 months to give KM an opportunity to fix the door and fix the hole in the wall. The Clerk-Magistrate (and the police prosecutor) agreed with Attorney Lewin’s suggestion and the hearing was continued to April 30, 2024. The Clerk-Magistrate said that if the repairs were completed before that date the no one had to come to court and the matter would be dismissed.
KM had the repairs done and provided Attorney Lewin with photos of the repaired damage. Attorney Lewin furnished the photos to the Clerk-Magistrate. On April 30, 2024, the Clerk-Magistrate denied the police application for a criminal complaint and the case was dismissed. Attorney Lewin explained the following to KM:
- KM had NOT been charged with any criminal offense.
- NO criminal complaint was issued against KM.
- KM did NOT have to return to court and go before a judge.
- NO entry would be made in the Criminal Offender Record Information (CORI) System against KM.
- KM had no criminal record.
This case is an example of good lawyering. It was important for KM not to have a criminal record. Attorney Lewin immediately saw the path to avoiding a record. He contacted the police and proposed a very reasonable solution. The police agreed, the Clerk-Magistrate agreed, and the case went into the win column. When KM and Attorney Lewin left the Courthouse in Lawrence, KM gave Attorney Lewin a big hug and a big thank you! It was a great day all around!