April 7, 2023
Larceny Over $1,200
Clerk Magistrate Hearing
Client was a bright young man charged with Larceny Over $1,200, a felony in Massachusetts. According to the police report, Client allegedly stole two iPhones from his shipping company employer. Before Attorney Barabino was retained, police conducted a very detailed and thorough investigation of the incident. Part of this investigation included an examination of Client’s cellphone which Client voluntarily gave to police before consulting Attorney Barabino. After police filed their application for a criminal complaint, police used their discretion to ask for a clerk magistrate’s hearing to review the case. A clerk magistrate’s hearing is an opportunity for a person accused of a crime to challenge the existence of probable cause for charges to issue. During these hearings, clerks have discretion in some cases to find probable cause but not order a criminal complaint to issue. This is exactly what happened here. Presiding clerk magistrate decided not to issue charges. Client had no prior criminal record and found success in life despite starting with many struggles, but moves forward without additional struggle of a felony criminal charge.
RESULT: Finding of probable cause but charges NOT to issue; client has no criminal record
