Recent Cases

No Immigrations Consequences for Felony and Misdemeanor Charge.

January 14th 2026
Assault and Battery
Assault and Battery with a Dangerous Weapon
A classy hardworking client had been arrested and charged with Assault and Battery & Assault and Battery with a Dangerous Weapon. The assault and battery are a misdemeanor charge and the Assault with a Dangerous Weapon a felony. The police alleges that father and son were wrestling and the wrestling when father became aggressive resulting in underage son injuring the left side of his face. Mother was distressed about the incident and applied for and received a restraining order. The court at client’s arraignment received a no-contact order against father so he could not go home or contact his family. Attorney Barabino sought to reconcile the family without delay and eventually was able to have a motion allowed to remove the no-contact order. At that hearing, the District Attorney was able to interview mother who explained it was an accident and in the end the District Attorney agreed to place it on for a trial viability date. Today, at that date, a brief interview with all the parties resulted in a withdrawal of all the charges. The case is now dismissed and will have no challenges to include immigration and naturalized which was a concern due to his immigration status.
RESULT: No Immigrations Consequences for Felony and Misdemeanor Charge.

OUI, Resisting Arrest and False ID all Dismissed at Trial.

December 22, 2025
OUI 1st Offense
Resisting Arrest
Refuse to Produce License
A peaceful and hardworking (then) young man found in the driver’s seat of a parked vehicle at a Home Depot Parking lot. Police arrived at the location and shined their flashlights in the vehicle which startled client. When client was startled he got out of the vehicle which the officer described as charging toward the officer. Client did not speak English at the time and was intoxicated. Police did arrest client at the scene and charged him with operating under the influence of alcohol, resisting arrest and finally refusing to show his driver’s license. Client went to court, but soon after defaulted and a warrant for his arrest was open for over 20 years. Now, he removed the warrant and we prepared for trial. Fortunately, the case was so old and the officers that arrested them had retired. The case was set for trial and at trial the Commonwealth could not prove their case with no arresting officer and the case was dismissed.
RESULT: OUI, Resisting Arrest and False ID all Dismissed at Trial.

No Intimate Partner Program or Guilty Conviction.

December 18, 2025
Violation of Restraining Order
That order required that she must not contact him, directly or indirectly. She did not comply with the order and sent emails and text which were both direct contact and 3rd party contact. She was charged and the case worked itself though the court preparing for trial. We did not have a trial based on the strength of the evidence and negotiated a plea for no contest for 180 days and the case will be dismissed at that time if she remains out of trouble and does not contact him. And especially pleased that the court endorsed a motion to waive the required 42-week intimate partners program.
RESULT: No Intimate Partner Program or Guilty Conviction.

Felony Warrant Removal, Terminated and Discharged. No Conviction, No Jail. Cases Dismissed.

December 15, 2025
Felony Warrant Removal
A loving mother had outstanding warrants. She had been on probation for drug and drug distribution charges. She came to Attorney Barabino knowing what needed to be done and was ready to work hard to make to happen. Attorney Barabino obtained her file, and they began to get to work to prepare for the first phase the process which is the probation warrant removal and to avoid detention (jail) pending the final hearing. When that day came for removing the warrant, probation did ask the judge that client be detained in custody, but judge declined. A final hearing was set and at that hearing the probation department asked that one of the charges be converted to a guilty finding and probation start in the state she was now residing in with a variety of conditions. Predicating this scenario, Attorney Barabino showed the judge a variety of supporting materials to include, affidavits of family, background memorandum and finally negative hair follicle drug and alcohol results. In the end, the judge sided with Attorney Barabino and simply Terminated and Discharged the client from probation, which means end it that moment, as well as dismissing the charges.
RESULT: Felony Warrant Removal, Terminated and Discharged. No Conviction, No Jail. Cases Dismissed.

RESULT: Not Guilty Verdict of OUI.

December 9, 2025
Operating under the Influence of Alcohol
A massively talented craftsman was charged with OUI, 1st Offense. According to police, client was driving a friends Telsa and tried to avoid a Collison and caused a major crash. The particulars of crash were significant and obvious. At least 4 vehicles were involved and one telephone pole fully snapped off. Client on the scene admitted to drinking two beers and and admitted that he was the driver. Police noticed signs of what they described was intoxication to include the admission of alcohol, smell of the alcohol, slurred speech and finally a .07 on the breathalyzer machine. In the end, a verdict was returned Not Guilty of the charge.
RESULT: Not Guilty Verdict of OUI.

RESULT: Not Guilty, By Reason of Mental Disease or Defect.

December 8, 2025
Indecent Assault and Battery over 14
Client was a productive and healthy young man who developed serious mental health challenges in recent years. The challenges were significant but with the assistance, support and attention of a loving family they sought out and encouraged treatment. With the onset of mental health challenges came some criminal cases. They came to Attorney Barabino as they were unsatisfied with their prior criminal lawyer. That lawyer tried to enter a plea which would also be required registration with the sex offender registry board, (“SORB”). Client declined the plea and then hired Attorney Barabino where he obtained all medical documentation, interview of parties and developed a plan. They hired a doctor and eventually requested a trial. They went to trial and client was found Not Guilty.
RESULT: Not Guilty, By Reason of Mental Disease or Defect.

RESULT: Roommate Assault and Battery Charge, Dismissed.

December 3, 2025
Assault and Battery
Client was a pleasant and industrious young man. Client was charged with assault and battery. The charge resulted from a confrontation with a roommate and friend. According to the police report, client argued with roommate in the kitchen and became aggressive. There became a shoving match that was witnessed by a third party. Client then followed the roommate upstairs and kicked in his bedroom door and there were multiple strikes to the roommate while in the bedroom. There was a 911 call made and client was arrested. Whereas all the parties had no criminal history, they were all friendly and made up and did not want to pursue the charges that was helpful for the District Attorney’s evaluation of how to resolve the matter. At a scheduled Trial Readiness Conference, the District Attorney agreed that justice would be served with a dismissal and that dismissal was entered.
RESULT: Roommate Assault and Battery Charge, Dismissed.

RESULT: Leaving the Scene Charge and Civil, Not to Issue.

December 2, 2025
Clerk Magistrate Hearing
Leaving the Scene of Property Damage
Electronic Device, Use While Operating
A very pleasant health care professional who was charged with leaving the scene of property damage. Additionally, she was cited for the civil violation of using her phone while driving or use of an electronic device. According to police, client was driving in the late evening and picked up a phone call, got distracted, and crashed into two parked motor vehicles. Client, in a surprised and panicked state drove some down the street to recalibrate from this unexpected event and started to walk back when she got scared of the people who had gathered and decided to return back to her vehicle, upon which time the police came. She properly returned the citation to the court and was eventually scheduled for a hearing. During that time, she and Attorney Barabino prepared for her hearing which consisted of mapping the location of the accident, coordinating insurance companies’ information and supplying evidence of payment, as well as enrolling in a remedial course on driving. In the end, the matters would remain open for 6 months and not issue against client, leaving her with a fully clean record, both criminal and civil.
RESULT: Leaving the Scene Charge and Civil, Not to Issue.

RESULT: Fast Track TRC Date results in Dismissal of Domestic Battery Charge.

November 21, 2025
Domestic Assault and Battery
Client was charged with Domestic Assault and Battery against her husband. Client and husband were a young couple with a great marriage who were stressed about life and finances in general. They got into an argument and that argument became physical. Husband called police and wife was arrested. After being charged they wanted this matter fixed as quickly as possible, but more important they want it done correctly. After placing wife in an online rehabilitation program and providing affidavit evidence, the district attorney took a more open-minded impression on the matter and agreed to schedule it for trial readiness conference where the case would likely be dismissed. The district attorneys are simply trying to get this case right and fair and most importantly safely. Here, it was accomplished, quickly, fairly and just. Case Closed.
RESULT: Fast Track TRC Date results in Dismissal of Domestic Battery Charge.

RESULT: No 58A Detention, No Felony Convictions.

November 20, 2025
58A Dangerous Hearing
Assault and Battery
Assault and Battery on a Family or Household Member
Strangulation or Suffocation
Threat to Commit a Crime
Threat to Commit a Crime
Malicious Destruction of Property under $1,200
Client was a very young man but mature in many other ways. Client was charged with a variety of criminal offenses. According to police, he got physical with his girlfriend while under the influence and he struck his girlfriend. The acts were sufficient for the charge of strangulation. Then he committed assault and battery. Then destroyed some items that belong to a third party. Afterwards, client went home and some concerning behavior resulted in a parent calling police. Client was arrested and charged with the above criminal offenses. The most concerning charge is the strangulation which triggers a heightened concern from the perspective of the government and results in them being more attentive and aggressive in the prosecution of a case. Here, the government, filed a Dangerousness Hearing or 58A hearing. This hearing would keep the defendant in custody with no bail for at least 120 days or the conclusion of the case. Here, we were able to get an agreement with the government that client is not held in custody. As client was released on conditions the intense preparation began. As the matter was close to ready for trial, we decided, to tender a plea that would protect the client’s record. The District Attorney agreed to dismiss one felony and one plea prior to any plea. At the time of the plea, the complainant credibly presented to the judge arguing for severe consequences which made the plea more challenging. However, in the end, two charges were dropped and the judge endorsed the Defendants request for no convictions on the felony charges.
RESULT: No 58A Detention, No Felony Convictions.