June 13th 2022
Larceny Under $1200 (4 Counts)
Credit Card Receiving Stolen (5 Counts)
Possession of a Burglarious Instrument
License Suspended Motion Vehicle
Breaking into a Depository
Client retained Attorney Barabino after client had his bail “revoked” and committed to jail for 90 days. Client had an open gun charge and had a new charge of “fishing” out of U.S. mailboxes. The act of fishing from a mailbox entails someone using a device to extract the items from inside the box for illegal purposes. Attorney Barabino went right to work on representing client who was particularly pleasant, patient and understanding of his predicament. The new charges were extensive and with his bail being revoked, Attorney Barabino interviewed all involved and had affidavits and a memorandum of law developed so he could try to have the judge reconsider his previous ruling. Eventually, a hearing was held, the judge authored a written motion, ALLOWING for the reconsideration of the bail revocation. Client was released from jail, but only briefly to his misunderstanding of the release conditions. Barabino tendered a plea before the court and the request from each side where what is called disparate. The government or commonwealth was looking for 2.5 year jail sentence with 18 months in jail, with the GPS upon release. On another charge the government was looking for 1 full year committed behind bars. In the end, at the conclusion of the hearing, the judge sided nearly in every way with Attorney Barabino, where aside from the license charge he received all continuation without a finding disposition (CWOF) where the charges will be dismissed if he doesn’t get in trouble for two years. Client released from custody.
RESULT: Motion to Reconsider Bail Revocation, ALLOWED, Disparate Plea for No Jail Successful.
