July 19th 2011
Breaking and Entering with Intent to Commit a Misdemeanor
Client was eager to apply for his US Citizenship and didn’t need a reckless indiscretion holding him back. Since there are some charges that can impede an application for admission to US Citizenship, Defense knew that if any deal would be made it would have to be when the jury was sworn in and the District Attorney had all their witnesses. The day of trial came---and the District Attorney had their witnesses and then some. The facts were even worse than anticipated. Fresh footprints in the snow leading into the building where client was found went in one direction (into the locked room). Moments prior to trial, Attorney Barabino negotiated a straight dismissal of the Breaking and Entering charge and disposition of the trespassing charge that didn’t include a conviction—a win for citizenship application. One co-defendant wasn’t so lucky—she opted to challenge, and a charge and a verdict of guilty entered for her. Attorney Barabino's client however left court with no conviction.
RESULT: NO IMMIGRATION CONSEQUENCES, NO CONVICTION.
