Clerk Magistrate Does NOT find Probable Cause for Felony Complaint

November 8th 2022
Clerk Magistrate Hearing
Assault with a Dangerous Weapon
Client was a very pleasant hard working store owner. While working at his convenient store he came to the conclusion that some young kids, who had stolen before, were stealing again. Upon making this determination, he then picked up a large stick that he keeps close and then carried the stick by his side while escorting the two youths from the store. Shortly after this, parents came to his store individually making their concerns known to the client. The parents were upset, but not unreasonable. Client had a mature discussion with the parents. Police had investigated and filed a felony charge of assault with a dangerous weapon. The charge is issued had the potential to have massive life alternating impacts to the defendant and his family. Normally, a felony charge, when issued it is by a warrant, or a summons for arraignment. The police, in their discretion can file for a clerk magistrate hearing, but they did not have too. Here, they did file for a clerk magistrate hearing. Much preparation went into the matter, yet the hearing was particularly brief and succinct. They were not going to issue the complaint.
RESULT: Clerk Magistrate Does NOT find Probable Cause for Felony Complaint