May 4th 2023
Clerk Magistrate Hearing
Breaking and Entering for a Misdemeanor
A hard-working young professional was walking home from a bar when he walked into the home of a middle-aged woman at around 3:30 a.m. The woman was clearly and understandably startled. The young man was intoxicated and confused. The police acted quickly, and they interviewed the individual and make the decision that this client was simply intoxicated and confused and had no intent to break into the woman’s home. The woman was kind and allowed the police to use their discretion in what course of action they took. The police filed for a clerk magistrate hearing. In preparation for the hearing, client (on his own) began therapy, Attorney Barabino drafted up a background affidavit on client and his actions that evening. Also, client wrote an apology letter for the woman. In the end, the clerk chooses not to go forward. Client was certainly grateful for this opportunity to not have to put on any future background check that he does not have a criminal record, since, as in this case, when successful in a magistrate hearing, it does not enter on any criminal record.
RESULT: CLERK Magistrate Does NOT Charge Client with Breaking and Entering
