Criminal Defense Attorney

Malicious Destruction of Property – Clerk’s Hearing – No Complaint Issued

WJ, a soon-to-be college freshman, and two of his friends were accused of smashing a random mailbox. More specifically, a homeowner was awakened by the sound of young men (probably drunk) damaging his property. The property owner came outside and confirmed what he heard – 3 males kicking and punching his mailbox. The homeowner told the guys to stop. The men replied with curse words and threats. Homeowner called the police and gave a general description of the vandals.

Local police responded quickly and stopped three young males a few blocks away from the site of the destruction. The guys denied having anything to do with the mailbox. The police did not believe them. However, instead of arresting them, the police issued the boys citations. 

Upon receiving the citation, WJ hired Attorney Henry Fasoldt. WJ was most concerned with how this case would affect his future (school, job, etc). 

At the hearing Henry recommended that the Clerk-Magistrate decline to issue the complaint and instead require that WJ write a letter of apology and pay for the damage to the mailbox. The clerk agreed to do so.

No complaint was issued, thereby protecting WJ’s record

Note: the other two young men received the same outcome.