March 29th 2023
Carrying a Firearm w/o a License
Armed Career Criminal Level III
Possession of a Large Possession Feeding Device
Client was a young man with some varied prior involvement with the law, in summary he was a convicted felon with a long criminal history. He also had a drug problem and was abusing drugs. His case began when he was found at a state of overdose at a fast-food establishment. Police were called to the scene and the client was taken away in an ambulance for treatment. Police then searched the vehicle that he was driving as he was allowed to do. When they searched the vehicle they found a loaded firearm in a bag that had a large capacity feeding device attached to it. With the discovery of the firearm, they sent out a warrant for his arrest. He turned himself into court and he was sentenced to a year on a probation violation for this event. At that point his family retained Attorney Barabino. Attorney Barabino began with a several visits to the jail to interview client as well as interviewing the family. We took that information and gathering it into affidavits of support and provided that to the District Attorney and planned for his arraignment on the new indictments noted above. The District Attorney was receptive and appreciative of the materials provided and that aided in securing his release on a lower bail and no conditions of release. Once the client was released we had a twofold plan. One was to vigorously defend the charges and at the same time, have client begin a process of rehabilitation that would be so impressive that the District Attorney would be open (and could justify) a reduction of the charges. The charges called for a state prison term and the ACC or Armed Career Criminal indictment was a post-conviction 15-year prison enhancement on any conviction. In the end, the District Attorney(s) who represented the Commonwealth balanced all the factors and an agreement was made for a dismissal of the “ACC” indictment and also, an agreement on a disparate presentation before the judge for sentencing. The judge, eventually agreed with the defendant, in large part for his relentless pursuit and success at rehabilitation.
RESULT: Armed Career Criminal, Dismissed, Possession of Large Capacity Feeding Device, Dismissed, Defense Tender of Disparate Plea, HOC time on Firearm w/Jail Credit.
