» Larceny

Motion for New Trial, ALLOWED

October 7th 2019
Motion for New Trial
A hard-working long-time public employee was notified that he had a record and that record was problematic. Attorney Barabino and client reviewed the matter. After collecting documentation from decades earlier and reviewing it, it appeared they plead delinquent to a felony charge. After additional review, legal research and interviewing witnesses, Attorney Barabino began to assemble the probable defenses which the young man, as a youth, simply did not do. As a result, various affidavits were assembled along with a motion for a new trial that justice had not been done. That material was complimented by an extensive memorandum of law which laid out all the facts. On the day of the hearing, the Commonwealth assented that there were enough defects in the decades old that that a new trial was warranted. And upon, that declaration agreed to dismiss the charges.
RESULT: Motion for New Trial, ALLOWED, Case DISMISSED.

Malicious Destruction of Property, Breaking and Entering Nighttime, Larceny in Building, CASE DISMISSED

March 27th 2015
Malicious Destruction of Property
Breaking and Entering in the Nighttime for Felony
Larceny in Building
Client was a young, hard working juvenile who was polite, respectful, and an excellent student. According to police, he went into school late at night without permission and acted irresponsibility. This was an unacceptable act and inconsistent with his good tempered disposition and attitude. He was charged with felony offenses and the Commonwealth had a fairly strong case. Admitting to any of these types of offenses was unacceptable. Nevertheless, after several months of investigation and negotiation, Attorney Barabino today persuaded the prosecutor and the judge to place client on pre-trial probation for two months. As long as client refrains from committing any further offenses and pays back the money to the school for the damage, this case will be dismissed. No admission to any criminal act, misdemeanor, or felony.
RESULT: Sentencing Memorandum FILED, CASE DISMISSED.

Larceny Over $250, NO COMPLAINT TO ISSUE

September 27th 2014
Larceny over $250.00
Client was a radio personality who was also a trustee of his condominium. In his role as trustee, he borrowed money without authority and failed to pay his personal condominium fee. The result was that he owed the the condominium board close to $25,000. The police were called and interviewed client. Client admitted that he owed funds. In the end, a significant effort was made by many people over nearly eight months to enter into an agreement whereby a promissory note attached to client's own mortgage would ensure that the funds are paid back. Police were willing to allow the parties to make the agreement without applying for a criminal complaint or indictment.
RESULT: Client pays back $24,248.68 via payment plan, NO COMPLAINT TO ISSUE.


September 25th 2014
Larceny over $250.00
Larceny over $250.00
Larceny over $250.00
Larceny under $250.00
Larceny under $250.00
Client was pursuing his Masters in Business Administration (MBA) out of state. Prior to him enrolling in his program, he had been employed at Nordstrom’s department store. While employed at the store, he became involved with several others in taking items from the store that didn’t belong to them. The arrangement was complex, so the investigation was consequentially extensive and detailed. The charges were, in part, felonies, which was simply unacceptable for someone who intended to have a future as a professional. The District Attorney sought guilty convictions. Attorney Barabino brought the matter before a judge and the judge agreed with Attorney Barabino. Client convictions would be dismissed if defendant were to pay back the $4800.00 within eighteen months. Also, the court allowed defendant's probation to be administrative so he would not have to physically appear in the courthouse and could leave to attend his out of state MBA program.

Larceny from a Building, NOT GUILTY

September 18th 2013
Larceny from a Building
Client was a young man charged with the felony offense of Larceny from a Building. According to police and surveillance video provided by the establishment, the Defendant did take a pocketbook. However, after several witnesses testified that the bag was left untouched in his friend’s car and the Defendant testified himself explaining that his girlfriend had the same type of purse, the jury quickly agreed that he simply made a mistake.