A Mexican national living in Pennsylvania, without proper documentation, had a night out on the town with friends. After one too many drinks, he walked home to sleep off his festivities. Unfortunately, he mistakenly went to the wrong door, wrong block, and wrong house. Once there, he was dismayed to find that his key would not work. Cold and ready to be home, he continued fiddling with the door and key. Not to be discouraged, he then tried to open a window. After several attempts, the homeowner woke up—an older lady who had become alarmed by seeing this young determined man at her door and window. After a moment, he sat down and fell asleep on the front stoop.
When police arrived, the woman answered the door, identified the culprit, and he was easily arrested. Despite his efforts to explain his honest mistake in broken English, he was charged with felony first-degree burglary.
After numerous hearings and presentation of a collection of mitigating evidence showing his good character, strong work history, and demonstrating the similarity in the locations as well as the fact that he neither ran, used any tools, or showed other indications of criminal intent, the Commonwealth agreed to withdraw all charges and permit him to enter Accelerated Rehabilitative Disposition, otherwise known as ARD.
This result avoided a criminal conviction and avoided the real and serious risk of deportation. Now he is doing community service, paying a small fine, and celebrating the birth of his beautiful baby daughter. Everyone is happy—including his wife, child, and employer—and a just result was achieved for all.
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