May 30th 2023
Larceny from a Building
A super pleasant hard working all around good guy was charged with Larceny from a Building. According to the police, client was seen on video at a grocery store. On the video it appears to show the client in a checkout line (empty) where he sees a wallet in the open with no apparent owner. That moment the client had a brief lapse of judgment and did what he knows he should not have done. He picked up the wallet, took out the one hundred dollars inside and placed the wallet back down. He was seen doing this on video and because of the location of the wallet and the circumstances, the police charged the defendant with the Felony charge of Larceny from a Building, which, as a felony does not qualify for a clerk magistrate hearing which is like a pre-hearing to determine if the charges should proceed. Also, he did have a prior felony conviction from his youth. However, Attorney Barabino and client went to work and developed a detailed background memorandum of the clients outstanding life, post his earlier criminal record from when he was a young man. Also, we developed a detailed legal memorandum as to why based on the actions and fact that this should be charged with larceny and not felony larceny. On the day of arraignment, client was most fortunate that he found a particularly thoughtful and reflective district attorney who postponed the arraignment so it would not appear on his record and over the course of three court dates, concluded that restitution with no arraignment will be the outcome given all the factors involved.
RESULT: Felony Larceny from a Building Dismissed PRIOR to Arraignment.
