Shoplifting Charge (Fourth Offense) Avoided

On October 2, 2021, NS, a 38 year old alien (green card holder) from India was caught shoplifting in Macy’s in Saugus. Macy’s had her on video and actually had her on video on three prior occasions shoplifting in the store. The loss prevention officer escorted NS back to the security office and the Saugus Police were called. The Saugus Police took her information and did not arrest her; they told her she would receive a notice from the Lynn District Court.

NS and her husband began a search for a lawyer. NS and her husband consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained how lucky NS was that the police did not arrest her. They could have and then she would have been fingerprinted and she would have to appear before a Judge and a criminal record would have been created. Attorney Lewin immediately contacted the Saugus Police Prosecutor to request that the case be set up for a Clerk-Magistrate Hearing. This was done.

Attorney Lewin recognized that NS had a serious problem. NS completely lacked the ability to see the situation she was in. NS kept saying it was an accident and a mistake. Attorney Lewin pointed out that stealing merchandise four times from the same store was not an accident or mistake. On four different occasions NS had gone into the store with the intention to steal; she had picked up merchandise, placed it into a bag, then hidden the merchandise under other items in the bag, and then walked out of the store without paying.  Those were all intentional acts that required planning and execution. Attorney Lewin explained to NS and her husband that if Attorney Lewin tried to sell her behavior to the police prosecutor and the Clerk-Magistrate as an “accident or mistake” that the police would not cooperate nor would the Clerk-Magistrate.

Attorney Lewin put NS in touch with a psychologist who treats people who compulsively shoplift. NS began counseling with the psychologist. NS received a Notice from the Lynn District Court that a Clerk-Magistrate Hearing had been scheduled for December 16, 2021. Attorney Lewin was able to obtain a good report from the psychologist. Attorney Lewin spoke with the police prosecutor from Saugus PD and furnished him with a copy of the report from the psychologist and advocated on NS’s behalf for NO criminal complaint to be issued against NS. Her status here as an alien could be in jeopardy.

On December 16, 2021 Attorney Lewin, NA, and her husband appeared at Lynn District Court for the hearing. The case was called before the Clerk-Magistrate and the police prosecutor told the Clerk-Magistrate that the police were withdrawing the application for criminal complaint against NS. The Clerk-Magistrate then stated that the matter was dismissed.

Attorney Lewin, NA, and her husband then left. Attorney Lewin explained to NS and her husband that as a result of this disposition the following should be noted:

• NO criminal complaint had been issued against NS.
• NS had NOT been charged with any criminal offense.
• NS did NOT have to return to court and go before a Judge.
• NS has NO criminal record as a result of this case.
• NO entry had been made under NS’s name in the Criminal Offender Record Information (CORI) system.

It was the best of all possible results.