November 18, 2023
Larceny By a Single Scheme Under $1,200
Client was a very pleasant woman with no criminal record. She was accused of larceny. The allegations were that she took gambling chips from a casino that did not belong to her. Police said she did so over a period of time. Law enforcement had identified her conduct through a thorough investigation. From their investigation, they found probable cause to seek a charge of Larceny By a Single Scheme Under $1,200. Because the accusation was that she took under $1200, the charge was only a misdemeanor. However, Client was accused of taking chips valued at about $1,000. The case moved forward to a Clerk Magistrate’s Hearing. In preparation, Attorney Barabino worked with Client and her family reviewing and researching the facts and law. Attorney Barabino obtained the police reports filed which he discussed with Client and her family. Although it was clear that the low standard of probable cause would be met, Attorney Barabino’s developed a strategy. The plan was to have Client acknowledge the wrongdoing and persuade the State Police not to go forward with the case anyway. Attorney Barabino presented to the Clerk and the involved parties a background affidavit highlighting Client’s impressive and law-abiding background. Before the hearing, Attorney Barabino advised Client to participate in a rehabilitation program called STOPLifting. Client successfully completed the program and had a Completion Certificate to prove it. Client also agreed to pay restitution and had obtained a money order in the amount alleged to have been taken. On all this, the Clerk and the State Police agreed that if conditions were met ensuring Client stayed out of further trouble, they would not seek to move the case forward to arraignment.
RESULT: Case does NOT proceed to arraignment. No entry on record.
