Recent Cases

OUI Dismissed | NO LIFETIME CDL BAN

November 8th 2019
Negligent Operation of a Motor Vehicle 
Operating under the Influence of Alcohol (OUI)
Marked Lanes Violation
Speeding
Failure to wear a Seat Belt
Client was a hard-working CDL Driver and young single father. He was charged with OUI, negligent operation of a motor vehicle and related civil infractions. If client admitted to sufficient facts, or was found guilty of the charge of OUI, he would have a lifetime ban of his CDL license. Mandatory Lifetime Ban. No CDL Driver’s License, no career. No career, no money. Client was patient and content to with what would very possibly be his fate given the facts of the case.  Attorney Barabino filed a number of motions seeking evidence and that consumed several court dates. Eventually, it was time to file a motion to suppress evidence challenging the constitutionality of the stop. After more than one court date to hear this motion the court ruled that there would be no further continuances. When the date came to challenge the evidence, the trooper was unavailable and Attorney Barabino motion for the entire case to be Dismissed.
RESULT: Motion to Suppress Evidence, ALLOWED, Case DISMISSED.  

Reckless Operation of a Motor Vehicle 

November 4th 2019
Reckless Operation of a Motor Vehicle 
Client was a hard-working young man with no criminal record. He was charged by State Police for Reckless operation of a motor vehicle. According to the police report, client and accuser were involved in a road rage like incident. Beginning with words, then actions and eventually vehicle damage. State Police astutely charged not just our client, but the other party as well. This allowed for both parties to assert their 5th amendment right to incrimination not to testify. And when a seasoned prosecutor reviewed the facts at the day of trial, and based on, in part by the two parties having 5th amendment assertions, he agreed to dismiss the charges.
RESULT: Case, DISMISSED at TRIAL   

OUI PLEA | Hardship License Eligible

October 31st 2019
1st Offense OUI- Liquor or .08% 
Negligent Operation of a Motor Vehicle
Speeding
Marked Lanes Violation
Client was a hard-working established business owner. He drank more than expected while at the Encore Casino.  He was pulled over. He was charged with OUI and related offenses. The government had a strong case client simply wanted to fix his problem as soon as possible with minimal intrusion in his life and daily routine.  He reached out to Attorney Barabino. Attorney Barabino made an appointment with client. Attorney Barabino got his police report from court prior to initial meeting. They decided a plea was the way to go. After an agreement was made to make a deal, Attorney Barabino went into the court the next business day with a motion to change the court date and negotiate the case. He changed the date so client would not have to suffer an additional p[period of time without license loss. Moreover, when Attorney Barabino negoitated the case he was able to get all the other charges dismissed. And a plea for the OUI, which was the most lenient under the law. 
RESULT: 1st OFFENSE OUI, Motion to Continue Allowed, OUI Continued Without a Finding, All Other Charges, DISMISSED and NOT RESPONSIBLE.  

2nd OFFENSE OUI

October 23rd 2019
SECOND OFFENSE OUI- Liquor or .08% 
Unlicensed Operation of a Motor Vehicle
Client was a hard-working musician who was charged with OUI, for the 2nd time. Moreover, he was charged within ten years of each other which makes him ineligible for an otherwise very favorable disposition. According to police, he negligently drove into a parked car. And what made this case unique was the police observed him firsthand, whereas normally, they respond to the scene of the accident, on this occasion they witnessed it. Client was polite and agreed to take sobriety test, which he failed. He also agreed to a breathalyzer test which he failed. He simply wanted to deal to resolve everything and simply wanted to take responsibility. The District Attorney took everything into consideration, including his background and lack of serious criminal history and agreed to have him not go to jail, nor have any conditions of probation such as a SCRAM device or random drugs screens. The result was to go to negotiate the minimum of a sixty-day house of correction sentence, suspended for a two-year period. Client will also be required to attend a mandatory two-week impatient program, with aftercare. 
RESULT: 2nd OFFENSE OUI, Standard 2nd Offense Statutory Disposition, Unlicensed Operation NOT RESPONSIBLE.

Both Charges, NOT GUILTY after JURY TRIAL

October 22nd 2019
Malicious Destruction of Property
Malicious Destruction of Property
Client was a young teenage woman that had been charged for two counts of Malicious Destruction of Property. According to police this had been a pattern of harassment.  The young woman was charged  along with several other individuals. Eventually, after a motion to dismiss was filed and unsuccessful and a motion to sever the party’s case was filed and unsuccessful. Eventually, a trial was set. At trial, the Commonwealth presented an outstanding sequence of the evidence. The Commonwealth artfully tied in all the circumstantial evidence and wove it with many credible witnesses. However, in the end, a judgement of Not Guilty for both charges were the result.
RESULT: Both Charges, NOT GUILTY after JURY TRIAL  

DISMISSED, Pre-Arraignment

October 11th 2019
Failure to Stop for Police
A hard-working IT professional was charged with failing to stop for police. The process to resolving the case was lengthy—but the result was right. After a clerk-magistrate hearing was properly filed, a hearing date was set down. Prior to the hearing, all the investigation and preparation were done to include viewing the scene and taking photographs. When the date arrived, the police needed a continuance for personal reasons. A new date was set but the court placed the date down for an arraignment in error, since it should have simply been a new magistrate hearing.  Attorney Barabino filed a motion to dismiss to ensure that a magistrate hearing was now scheduled. However, after a brief consultation with the District Attorney an agreement was made to simply dismissed the case, prior to arraignment. The key here is prior to arraignment. Since the charge was dismissed, PRIOR to arraignment it will never appear on his record. 
RESULT: The Charge, DISMISSED, Pre-Arraignment.  

All Charges, DISMISSED, Pre-Arraignment

October 7th 2019
Uninsured Motor Vehicle
Unregistered Motor Vehicle
Highway Civil Citation
A hard-working IT professional was charged with driving without insurance, registration and a civil violation. An oversight in his banking led to a non-payment of insurance, which led to an automatic suspension of his registration. Moreover, an oversight in paying for the ticket led to a warrant for his arrest. Fortunately, client and Attorney Barabino reviewed his case and prepared for an immediate turn in to the police station the next day. We consulted with the District Attorney and provided them the materials we had, indicating that the issue was an oversight and the client is an otherwise upstanding person with no criminal history. After consultation, they agreed to dismiss all the charges, including the civil charge, prior to arraignment. Since the charge was dismissed, PRIOR to arraignment it will never appear on his record. 
RESULT: All Charges, DISMISSED, Pre-Arraignment.  

 

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.    

NOT-GUILTY for reason of insanity.

September 23rd  2019 
Civil Rights Violation(s)
Assault & Battery
Disorderly Conduct
An out-of-work beautician was charged with assault and battery, disorderly conduct and civil rights violations. According to police, he yelled insulting remarks to an innocent Asian woman, then grabbed her and pulled her arm. He was also disorderly. He was tackled to the ground by bystanders. The Commonwealth moved for a dangerousness hearing under the “58A” dangerousness statute. As a result, client was held in state custody since the event occurred in summer of 2018. Attorney Barabino had his client evaluated from a private forensic psychiatrist who opined that the defendant was not criminally responsible. That in combination with the Commonwealth’s doctor’s testimony led to a verdict of NOT GUILTY by reason of mental defect or disease. Client DISCHARGED.
RESULT: NOT- GUILTY for reason of insanity.   

Motion to Expunge, ALLOWED

September 20th  2019 
Motion to Expunge Record
A young pilot has a previous criminal driving charge on his record. As a young professional, he understood the professional barriers and obstacles that even the simplest criminal offense can have on a person’s record. Attorney Barabino filed a motion to expunge, with a memorandum of law and affidavits and scheduled the matter for a hearing. At the hearing, the judge listened to the facts and circumstances and the law and ALLOWED, the Motion to Expunge. As a result, the government is ordered to destroy the contents of anything related to the case and remove any reference to it that may exist within the government database and file.  
RESULT:   Motion to Expunge, ALLOWED.

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