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May 16, 2024
Conspiracy
Breaking and Entering for a Misdemeanor
Threat to Commit a Crime
Attempt to Commit a Crime
Witness Intimidation aggravated (2 Counts)
Client was a young teen engaging in a social media challenge. That challenge resulted in the police being called. There was more than one incident. The “challenge” was that young people harshly knock on a random stranger’s door and run away. The homeowner was rightly concerned as he did not know the intentions of the people doing this to him. They found it concerning and disturbing. A second time, the challenge occurred, and the homeowner was able to detain one youth. Also, during this exchange there was a statement made to the homeowner that was intimidating of the person. Also, shortly after this, client apparently sent out an offensive snapchat.com message about the police officer that was investigating. As a result, several charges were filed, some felonies. The family didn’t wait to take action to redirect the young man to more supervised and productive behaviors. They initiated a wide range of rehabilitative and punitive remedies---all with love of ensuring that a good kid stays a good kid without a criminal record. In preparation for the hearing, the police reports were obtained and a super detailed memorandum arguing against probable cause was filed as well as affidavits of the family members. In the end, the magistrate was content with client continuing to do the great work that he was doing under the direction of his parents, as well as a letter of apology to the homeowner. The charges do not issue against Client.
RESULT: Magistrate Declines to Issue Complaint, Preserving Record.

October 27^th 2023
Enticing a Child Under 16
Client was a very pleasant young college student that was charged with enticing a child under the age of 16. This charge is a felony charge which, if found guilty of the charge requires that the client register with the sex offender registry board as a registered sex offender. A felony charge is the most serious as it comes with many secondary penalties including the Sex Offender Registration requirement, if guilty. The strategy in this case was to avoid the guilty conviction with an alternative plea. This alternative plea would prevent a conviction, and in doing so would also avoid the sex offender registry, entirely. While reviewing the evidence the Commonwealth had, we also prepared what would make a persuasive plea before a judge. That included, background data on the family member and developing affidavits of support, then background memorandum and related materials. Also, included in preparation was the hiring of an expert to determine if there was a sexual deviancy that was present and undiagnosed. Fortunately, the evaluation from the evaluator came back very positive and we presented to the court. Today, the court determined that they would not enter a guilty conviction despite being asked by the District Attorney. Also, because of getting an alternative disposition with no conviction, there is no obligation for a sex offender registry. The client will have to perform therapy, no social media and avoid contact with any non-family member under 16.
RESULT: Felony will be Dismissed in 36 Months if Successful Probation.

August 15, 2023
Assault and Battery
Assault and Battery with a Dangerous Weapon
A young man was given a summons to appear for the charges of assault and battery and (felony) assault and battery with a dangerous weapon. According to the police report, a group of teenagers beat up the complainant. The police report detailed that a particular client ending the fight by punching and them stomping on the other teenager. The young man who was injured had an eye that was completely swollen shut and he was transported via ambulance. The defendant was identified using video which appeared to be uploaded to social media. The defendant did not have a claim of self-defense. Generally, in these circumstances where you have young teens that have fights is not uncommon for the police to file for a clerk magistrate hearing which is a pre-hearing before being formally charged. Since this is a felony charge, the defendant has no legal right to one, but the police can make exceptions to the felony rule and still choose to not have one based on the seriousness of the offense. Attorney Barabino continued to advocate to possibly avoid an arraignment even if thought it wasn’t likely, but he went to the District Attorney (“DA”) prior to the arraignment date and the DA agreed to postpone the hearing. We asked to make an exception for diversion—and they reviewed but the diversion committee rejected it based on a variety of factors. We continued to postpone the arraignment suggesting an alternative. Eventually, we can up with a plan for judicial diversion, but the DA would have to agree to simply dismiss the felony charge before even being arraigned. They agreed. Client then petitioned the court for the alternative diversion with just the one assault and battery and the court allowed the petition. However, a mere day before the end of the diversion he apparently stole some candy and when confronted, threw a rock or other item to smash the storekeeper’s window. However, we postponed the arraignment date for one future date and then today with the storeowner’s theft not appearing to be charged in any way, we re-requested a pre arraignment dismissal—and got one.
RESULT: Child Given 2^nd Chance at Life for Provable Felony Offense.