November 2012 Attempted Breaking into a Depository

Theft Offenses

Attempted Breaking into a Depository; Four Counts of Receiving Stolen Property; and Possession of a Controlled Substance

Police on patrol in the early morning hours spotted a motor vehicle parked next to a newspaper vending machine in an empty commercial parking lot. When the officer pulled into the lot a man entered the vehicle and began to drive away. The officer initiated a traffic stop for investigative purposes. At the time of the stop the officers noticed several street signs inside and attached to the vehicle which appeared to have been recently removed. When the officer inquired of the motorist who was a senior in high school he admitted to stealing the signs. He further admitted to the officer that he was attempting to break into the newspaper vending machine in order to steal the coins inside. As a result of these admissions the officer initiated an arrest. Upon searching the student he located two different types of controlled substances on the manӳ possession: marijuana and unauthorized prescription narcotics. As a result of the manӳ admissions and the officerӳ discovery the high school senior was charged with Attempted Breaking into a Depository; Four Counts of Receiving Stolen Property; and Possession of a Controlled Substance.

The man and his parents retained Attorney John L. Calcagni III to defend him against these charges. Attorney Calcagni focused the prosecutor on the manӳ mitigating and extenuating factors in order to negotiate a favorable disposition of the charges. Following his arrest the man successfully graduated high school was working full-time and self-enrolled in substance abuse counseling. He also had a newborn daughter which is a great deal of responsibility for an 18 year-old man. Given these factors Attorney Calcagni successfully convinced the prosecutor to dismiss 3 of the 6 charged offenses. As for the remaining charges of Attempted Breaking into a Depository and Receiving Stolen Property Attorney Calcagni successfully negotiated to have these matters Continued Without a Finding for a period of 12 months. During this time the man shall remain on probation. If he is not charged with a new offense within the next 12 months the matter will later be dismissed and the man will not incur a criminal conviction from this incident.

Criminal Case Result:

  • Attempted Breaking into a Depository; Four Counts of Receiving Stolen Property; and Possession of a Controlled Substance: Continued Without a Finding