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September 5^th 2013
Breaking and Entering Building Nighttime for Felony Chapter 266 Section 16
Breaking and Entering Building Nighttime for Felony Chapter 266 Section 16
Client was a high school student with supportive and loving parents. Client and another young man snuck out and entered some vehicles in the nighttime. The evidence was clear—they were seen on videotape and the police found them at the car. Eventually, Attorney Barabino presented the court with a motion to suppress statements made by the Defendant. Negotiations were triggered and offers made. The District Attorney agreed to reduce from felony to misdemeanors—and agreed to a probation term that allowed for a case to be dismissed at the end of the probation. We could do better—we had to do better. After nearly seven months of litigating the case---we respectfully declined this otherwise well-intentioned and reasonable offer. The reason we declined is two-fold. One, if he violates probation during the next year he could be found guilty. He could receive a “CWOF” or continued without a finding, which can be considered for many jobs as the equivalent of a guilty verdict since unlawful conduct is admitted. In the end, an already reasonable District Attorney agreed to pre-trial probation with conditions so this young man could truthfully admit he had never admitted to any criminal activity.
RESULT: Motion to SUPPRESS, FILED. CASE DISMISSED, with conditions of remaining in therapy and completing 50 hours of community service.