Massachusetts Criminal Lawyer Blog
On August 21, 2026, SG and GG, two grandparents in their 70s, hosted an end of summer evening pool party at their home for their 16 year old granddaughter and 24 of her school friends. The party got off to a good start; but then word of the party spread and suddenly there were 60+ kids at the house. The police were called by someone for a complainmt of loud noise and the police responded. There were beer cans found in the coolers outside by the pool and there were open bottles of hard liquor found inside the home. Some of the kids ran; the ones who stayed were given portable breath tests by the police. According to the police, both grandparents had the “odor of alcohol on their breath”. One of the kids was actually observed drinking an alcoholic beverage directly in front of the police and the two grandparents. The police gathered up the kids; all the kids’ parents were called and had to come get their child. The police told SG and GG that the police would be seeking a criminal complaint against both of them at Salem District Court for “furnishing” alcohol to a minor. SG and GG sought out a lawyer and contacted and retained Attorney Robert Lewin from Andover.
Attorney Lewin took a detailed statement of the facts from both SG and GG and Attorney Lewin went through the police reports in detail with SG and GG. It became apparent to Attorney Lewin that there was very little evidence that proved that either one of the grandparents had “furnished” alcohol to any minor. There was evidence that showed that some of the alcohol that the police observed had been brought to the party by uninvited guests. Attorney Lewin reached out to the police prosecutor and discussed the case at length with the prosecutor. The case was set down for a Clerk-Magistrate Hearing on October 20, 2026.
On that date Attorney Lewin and SG and GG appeared at Salem District Court for a hearing on the Application for Criminal Complaints that had been filed by the police. At a Clerk-Magistrate Hearing the police do not have to prove beyond a reasonable doubt that the accused had committed the crime; the police only have to establish “probable cause” for the clerk-magistrate to issue a criminal complaint. Probable cause only requires a showing of some believable evidence that the accused had committed the crime. The police prosecutor read the four page (!) police report. The Clerk-Magistrate then turned to Attorney Lewin. Attorney Lewin pointed out that the evidence did not prove that either SG or GG had themselves “furnished” alcohol to anyone. Attorney Lewin then went on to point out that neither SG or GG had any criminal record. Attorney Lewin then asked the Clerk-Magistrate NOT to issue a criminal complaint against either SG or GG.
The Clerk-Magistrate then said the following: He was going to continue the hearing for 6 months to April 20, 2027 and that if there were no reports of any further difficulties with the law then no one had to return to court and the applications for criminal complaints would be denied and no one would be charged.
Attorney Lewin pointed out the following to SG and GG:
- NO criminal complaint was issued against either one of them.
- They were NOT charged with a crime.
- They did NOT have to return to court and go in front of a Judge.
- NO entry would be made in the CORI (Criminal Offender Record Information) System against either one of them.
- The would NOT have a criminal record.
The two grandparents were thrilled with the results and happily thanked Attorney Lewin for his work.
Results like this are common for Attorney Robert Lewin. Attorney Lewin was an Assistant District Attorney from 1972-1975. For the last 51 years Attorney Lewin has limited his practice to criminal defense. His success in all crimimal matters is extensive . There are very few lawyers in Massachusetts who bring the years of experience, breath of knowledge, and simple “know-how” that Attorney Robert Lewin brings to every case and every client.