I obtained a not guilty, directed verdict, after a bench trial for a Residential Burglary charge in Markham. The state was claiming that my client, and another defendant, entered a private residence through a window. As they started walking through the house a resident confronted them. The state alleges that when they were confronted by the resident they exited through the window and fled. The police arrived and were given a description of the offenders. Armed with a description of the offenders the police started searching throughout the neighborhood and found my client and the co-defendant standing outside a local store. They placed them under arrest, took them back to the house and were positively identified by the resident.
At trial the case came down to the resident not being able to positively identify my client and the co-defendant as the two individuals he saw in his house. After considering all the evidence the court dismissed the charges against my client and found that he was not guilty. Residential Burglary is a Class 1 felony carrying a mandatory minimum of 4 years and maximum of 15 years in prison. However, because of his criminal record, my client was looking at a minimum of roughly 13 years in prison.
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