October 15th 2020
Receiving a Stolen Motor Vehicle
Client young bright, particularly pleasant young man with no criminal record. He was charged with Receiving a Stolen Motor Vehicle. This charge is a felony charge which makes it more serious that a misdemeanor charge. Also, the way the law is written the District Attorney has no discretion in offering an alternative disposition without the charge being a conviction. So, the alternative is a conviction which would make the client a convicted felon or trial where he is found not guilty. So, Attorney Barabino and client begin the preparation and do a full background on the client and drafted a three-page biography on the client and background. Discussion and negotiations continued for some time and the attentive District Attorney continued to engage in that discussion in good faith. Eventually, Attorney Barabino filed a motion to suppress the identification of the Defendant, that motion had with it a memorandum of law and affidavit which detailed the legal justification to prohibiting or suppressing the identification of the Defendant. As that court hearing approached, a deal was struck whereby the Defendant would admit to no criminal offense or wrongdoing and maintain the presumption of innocence. The only condition is he stay away from the dealership where the car was alleged to be stolen from for 180 days.
RESULT: Generally Continued for 180 Days, Case DISMISSED. No admission of wrongdoing. Client maintains the presumption of innocence.
