Charges of Breaking and Entering and Felony Larceny Over $1,200 Against Garage Owner do Not Issue After Clerk Magistrate Hearing

In February of this year a man walked into a police station complaining that our client broke into his home and stole several thousand dollars worth of personal items. The police investigated the matter. They located the items in a car being driven by our client. Officers inquired about the origin of the property and he claimed that it belonged to him. The officers requested permission to look closely at the goods. Our client permitted them to do so. When it became apparent that the items had been stolen our client was identified and summonsed for a clerk magistrate hearing charging him with larceny from a building, G.L. c. 266 section 20A and breaking and entering in the daytime under G.L. c. 266 section 18. He was also charged with threats under G.L. c. 275 section 2 for supposedly telling the victim that if he said anything he would come back and kill him. Today, we convinced the clerk magistrate not to issue the complaint.

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