September 23, 2025
Magistrate Hearing
Lewdness, Open and Gross
An otherwise pleasant and respectful young man faced an embarrassing situation after a night of heavy drinking. After being asked to leave a movie theater, he wandered into a mall highly intoxicated. A bystander reported seeing him urinate and called the police. When the officers arrived and confronted him, he turned toward them while still exposed. The reporting witness told police she herself did not see any exposure. Officers noted in their report that Client was extremely intoxicated. They took him into custody for drunkenness but chose not to file immediate charges. Instead, they sent a summons for a clerk magistrate hearing, providing an important opportunity for review before any complaint issued. While waiting for the hearing, Client was away on extended travel; Attorney Barabino arranged to have the matter continued. During that time, Client demonstrated a commitment to sobriety. At the hearing, Attorney Barabino presented these efforts. The magistrate determined the case should not proceed, ensuring that this sensitive sex-related allegation would not appear on his record.
RESULT: Sex Charge does not issue against Client.