Massachusetts Criminal Lawyer Blog
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.
On August 20, 2026, JS and Attorney Lewin appeared in Lawrence District Court for the Clerk-Magistrate Hearing. The police prosecutor read the police report and brought out the fact that JS had been previously prosecuted for the same crime in Lowell District Court, several years earlier. The Clerk-Magistrate was extremely upset with JS, given the fact that she had been previously prosecuted for the same crime and evidently had not learned a lesson. The Clerk-Magistrate turned to Attorney Lewin. Attorney Lewin then made an impassioned pitch to the Clerk-Magistrate. Attorney Lewin talked about JS’s work as a Nurse and the good work she does as a Nurse. He talked about JS’s family, and the hard work she was doing raising three young children. The Clerk-Magistrate and Attorney Lewin went back and forth. At the end, the Clerk-Magistrate addressed JS directly. He told her she had been caught and prosecuted once before. He told her that in his opinion she had shoplifted many many other times and not been caught. All that notwithstanding, the Clerk-Magistrate said he would adopt Attorney Lewin’s request and NOT issue a crimimal complaint against her. The Clerk-Magistrate then said he was going to leave case open for one year andif JS stayed out of trouble for that year and stayed out of Target then the Application for Criminmal Complaint would be denied and NO complaint would be issued against JS.
As JS and Attorney Lewin were leaving the courthouse, JS breathed a sigh of relief and thanked Attorney Lewin for getting her the result she needed. Attorney Lewin explained the following to JS:
- NO crimimal complaint was issued against JS.
- JS was NOT formally charged with any crimimal offense.
- JS did NOT have to return to court and go before a Judge.
- NO entry was made against JS in the CORI (Criminal Offender Record Information) system.
As a follow up, JS has retained Attorney Lewin to seal her record of the previous shoplifitng case
Attorney Lewin was an Assistant District Attorney from 1971 to 1975 and for the last 51 years has limited his practice to criminal defense. Results like this are common for Attorney Lewin as he fully and carefully prepares every case that he takes on. There are very few lawyers in Massachusetts who have the years of experience and breath of knowledge and “simple know how” that Attorney Lewin brings to every client and every case.