April 29, 2010
Larceny over $250.00
According to the police report, the client was caught by store security stealing several items totaling over $250.00 (a felony charge). Client admitted to police her wrongdoing, and the evidence was obvious and glaring. Negotiation with the District Attorney was the only option. However, the District Attorney sought the maximum sentence of two years in the house of correction, committed. Committed means that the Commonwealth wanted her to be in jail with no suspended sentence or probation. The probable harshness to their recommendation was the result of the client’s prior record of similar offenses with committed jail time. Attorney Barabino took the client before a judge asking for straight probation (administrative). Administrative probation would allow her not to have to meet with a probation officer or need to fulfill any related requirements. After Attorney Barabino explained the client’s background, history and previous road to rehabilitation, and as a result, he decided to accept Attorney Barabino's request for one year of probation—no jail time and no probation requirements.
Result: NO TWO-YEAR HOUSE OF CORRECTION JAIL SENTENCE.
