RESULT: CP Distribution with NO Jail.

February 17th 2023
Possession of “CP”
Distribution of “CP”Client was all around pleasant married adult who was charged with possession and distribution of “CP”. According to the police reports, police had done an extensive investigation of the accused. According to them, he has possessed and distributed impermissible videos and images. The importance of the distribution portion of the allegation cannot be understated. The reason is that it cannot be understated is that distribution (sending) just one image or video is sufficient for the government to be successful in that separate and additional charge. That particular statute also requires that the Defendant be prosecuted in Superior Court, not the District Court. In conclusion, the penalty for that charge is higher. Regardless, we asked the District Attorney for additional time to make a review of the evidence and determine the probability of various defenses and discuss the ability to negotiate a plea deal in the lower court. They agreed and were very patient with us as we took nearly a year and made various reviews of what they had and how they got what they did. The goal was to see if they would dismiss the “distribution” charge and not indict the defendant. The police did a detailed investigation which involved several warrants of phones and computers and internet providers. They also had interviewed client prior to client retaining Attorney Barabino. In the end, a deal was struck as hoped for in the lower court which resulted in the dismissal of the distribution charge. The plea in the lower court resulted in now jail time and a probationary period of three years, with additional conditions.
RESULT: CP Distribution with NO Jail.