Recent Cases

RESULT: Both Charges ACQUITTED After Trial

July 15th 2021
Operating Under the Influence 1st Offense
Negligent Operation of a Motor Vehicle
Client was a super pleasant and patient person from a great family. According to Police, he ran a red light, had thick tongued speech, red glassy eyes and smelled of alcohol. Additionally, he failed the sobriety test and didn’t conform to specific instructions. He was arrested and charged with OUI and Negligent Operation. Eventually, he and Attorney Barabino decided on a trial. They prepared spending time at the arrest scene and interviewing witnesses. Eventually, the trial date was set. However, due to a number of variables, the trial was continued nearly four times. Client stayed positive and patient. Eventually, the trial was held and a verdict of both charges of Not Guilty ended this upsetting chapter in his otherwise law-abiding life.
RESULT: Both Charges ACQUITTED After Trial

Leaving the Scene never Appear on Any Criminal Record

June 16th 2021
Leaving the Scene of Property Damage (2 Counts)
Client was a very pleasant young man who was on his way to a profession as a firefighter. However, he had one legitimate concern which was this case. Here, he drove into two separate vehicles damaging them both, significantly and left the scene. That action is a criminal offense of leaving the scene of property damage. In this case, two counts, since he struck two separate vehicles. Client consulted with Attorney Barabino months before being retained and was explained the importance of sending in the notice of hearing to the court within four days. That action would give him a magistrate hearing, which is often called a probable cause hearing or show cause hearing. The client did that and eventually was granted the show cause hearing. The importance of obtaining the show cause hearing can never be understated since if successful, the matter will never appear on a criminal record and employers and other interested parties will never have knowledge of the past behavior. Here, we prepared for the hearing in hopes that the case would not go forward at the hearing. We coordinated with the insurance companies, obtained the police reports, developed a map of the limited travel of the defendant that evening, and drafted a legal memorandum on the how someone can only be charged with one leaving the scene, not multiple counts. The Clerk Magistrate listening to all the parties, and after an extended hearing, agreed to NOT go forward with the charges, as long as everyone was paid back in full.
RESULT: Leaving the Scene never Appear on Any Criminal Record

Negligent Operation Take Right Turn

June 16th 2021
Negligent Operation of Motor Vehicle
Failure to Stop for Police
6 Separate Civil Violations
Client was a very pleasant young father who appeared to police to be engaging in suspicious illegal conduct. As a result, the State Police pulled the client over. When the police pulled the client over, he complied with the request. However, the stop was taking an extended period. The Police officer was unaware that client was recovering for four separate bullet wounds from just several weeks prior. As a result, the emotional state of the client was not clear and the event was particularly distressing. This stop was very distressing to the client and eventually he panicked and drove away. A warrant was issued for his arrest and he contacted Attorney Barabino. Client took the charges very serious and that was reflected in the particular preparation he and Attorney Barabino took in preparing to remove the warrant and get formally charged. Extensive interview and preparation. Moreover, it appeared to Attorney Barabino that the act of fleeing police was related to PTSD which resulted in getting the client admitted into therapy. In the end, we removed the warrant with ease and eventually negotiated a disposition where the client’s charges will be dismissed with no probation or admission of guilt if he takes a driver safety course and continues with therapy for 6 months. In addition, the client was charged with 6 separate civil violations which were all deemed NOT RESPONSIBLE.
RESULT: Negligent Operation Take Right Turn.

BRAVE ACT Ensures DISMISSAL of OUI

June 15th 2021
Operating under the Influence of Alcohol 1st Offense
Client was all around pleasant guy who was charged with OUI/DWI. Attorney Barabino was contacted after the Defendant had been arrested and brought to the local courthouse. According to the police report, client was in his motor vehicle having struck a large rock. They said his speech was slurred, his eyes bloodshot. He apparently handed the officer his facemask instead of his license. There was a cumulation of facts which developed into probable cause for arrest and that could ultimately present a challenging, but triable case for a judge or a jury beyond a reasonable doubt. However, this case was different. In this case, the client qualified for the BRAVE ACT. The Brave act allows veterans experiencing the effects of conflict resulting in criminal offenses to enter treatment in exchange for the matter being dismissed. It is a win-win for public and for the client. He entered treatment with the Veterans Administration and continued with that treatment. Today, in court, the Attorney Barabino moved to Dismiss the Charge and that motion was, ALLOWED. Case Dismissed. July 14th 2021 UPDATE: Motion to Expunge the clients record was, ALLOWED after a hearing.
RESULT: BRAVE ACT Ensures DISMISSAL of the CHARGE.

Domestic Violence Charge Generally Continued with ZERO admission of wrongdoing.

June 14th 2021
Assault and Battery (Domestic)
Client was responsible pleasant married client who was accused of Domestic Assault and Battery against his wife. He was arrested and charged and released after his initial arraignment. He immediately consulted with and retained Attorney Barabino. We immediately got to work beginning with a detailed life history of the client. Everything in his life—ever. We then memorialized that information into a substantial background memorandum to the District Attorney. We also enrolled him in an online anger management course. We also spoke at length with his wife who was the person identified on the criminal complaint as the victim. We had many conversations with his very pleasant wife, who despite being aware that a divorce was imminent, agreed to acknowledge her support in writing for the disposition received. Now this professional can move forward without the drastic and inevitable consequences of a conviction (or admission) or domestic violence. The consequences of a conviction can be felt for a lifetime and affect fat more than employment. Fortunately, no conviction or admission occurred here, and the client maintains the presumption of innocence. The matter will for formally dismissed in 180 days and client doesn’t have to return to court. The only condition is attending a substance abuse evaluation.
RESULT: Domestic Violence Charge Generally Continued with ZERO admission of wrongdoing.

Clerk DOES NOT ISSUE the Charge of Assault and Battery Against Client

June 10th 2021
Clerk Magistrate Hearing
Assault and Battery
Client was an all-around great person who was charged with Assault and Battery by Police. She had lived her entire life up to this point doing the right thing, working and raising her son and living her life. According to Police, she was in an establishment with her friend and husband when she was got into a fight with another woman who claimed that she was harassing her as well. That woman had filed a harassment order against client that Attorney Barabino represented that case successfully. However, with the Pandemic the criminal charge hearing was delayed, until today. In that hearing Attorney Barabino argued that the charge of Assault and Battery should not go forward. He presented two witnesses and exhibits showing that although client used force it was in self-defense. Also, Attorney Barabino also filed a three-page cross-complaint arguing that charges should be issued against the accuser. In the end, the decision makers listened carefully to the evidence determined that the charge should not issue. And Attorney Barabino withdrew the complaint against the other party as well.
RESULT: Clerk DOES NOT ISSUE the Charge of Assault and Battery Against Client

Clerk Magistrate Does Not Issue Negligent Operation

June 7th 2021
Negligent Operation
Speeding
Marked Lanes Violation
Client was a very pleasant father and hard-working computer professional who are charged with negligent operation of a motor vehicle and two civil citations. According to Police, he drove off the road late one night (early morning) and abandoned his vehicle. Shortly after he called the police and admitted that he was driving and wanted to report the incident. The police sent him a criminal citation and he retained Attorney Barabino right away. Attorney Barabino advised him of the 4-day rule to sign and return the citation if he was to ever be allowed a show cause hearing. He complied with that, which assured him that hearing. Moreover, they went to work to obtain the police report documentation and conduct a full interview of the client and his background. We also diagrammed the entire accident scene and lastly drafted a full memorandum to provide to the court detailing the law surrounding “operation” of a motor vehicle. Eventually, the day of the hearing occurred, client did not testify, and Attorney Barabino submitted the materials and argument that the client never be charged—which the magistrate agreed. This matter will never appear on any formal record.
RESULT: Clerk Magistrate Does Not Issue Negligent Operation

Short Probation for Negligent Operation

May 21st 2021
Negligent Operation
Marked Lanes
State Highway Violation
Client was a very pleasant hard working college student. He was charged with negligent operation of a motor vehicle and two separate driving violations. Although this was his first offense, he had previously admitted to the same charge of negligent operation—which made the case more challenging. Moreover, in this case, the facts were suggestive of reckless and simply dangerous driving. According to the police, client drove onto the highway at a high speed. He was cutting off vehicles and changing lanes numerous times. He sideswiped a vehicle that caused the vehicle to strike another vehicle. Several vehicles were involved and client’s car was totaled. There were people who were sent to the hospital by ambulance as well. In the end, Attorney Barabino suggested he continue treatment with a doctor for seizure related condition. After many court dates, the District Attorney agreed to once again give him a chance to preserve his record with a continued without a finding and to take one driving class. The probation term will be for 6 months---if he doesn’t commit a new crime. Also, the two civil violations were found NOT RESPONSIBLE.
RESULT: Short Probation for Negligent Operation

Felony Dropped and No Admission to Any Wrongdoing

May 20th 2021
Assault and Battery (Domestic)
Assault and Battery (Domestic)
Strangulation/Suffocation
Client was a particularly pleasant person. He received notice that he was being summoned into court for arraignment for the felony strangulation and two separate counts of domestic assault and battery. Client had no prior criminal record and had always been a law-abiding person. Attorney Barabino and client’s family began with a comprehensive interview reviewing the client’s entire life history, explaining the process, and developing the defense. Immediately, they had drafted a memorandum of background of the client as well as nearly a half dozen affidavits. Each signed affidavit detailed the client’s reputation for peacefulness. All this was done prior to the arraignment even occurring—so when the day of the arraignment came client and Attorney Barabino were more than ready. A restraining order was issued by agreement which was a strategic move and in doing so no cross examination occurred. Also, Attorney Barabino was successful in allowing the order not to issue for a full year which would have had impacted his license to carry a firearm. Eventually, motions were filed including a detailed motion to dismiss the strangulation charge. As the case proceeded for some time the District Attorney and Attorney Barabino negotiated an agreement to simply drop the strangulation and drop one of the domestic violence charges and leave one charge of domestic violence open for a year with an agreement to dismiss it if he completes five mental health sessions. The client never plead or admitted to any wrongdoing and has no obligation to the court. His future remains preserved.
RESULT: Felony Dropped and No Admission to Any Wrongdoing.

Warrant Default Removal and No Convictions or Conditions of Probation

May 14th 2021
Assault and Battery on a Police Officer
Possession of Class A
Possession of Class A
Client was a very pleasant and decent guy who beat the odds of opiate addiction. Client had a host of open cases from years ago when he was addicted to opiates. After a period of several years, he got clean, was in a stable relationship with a good job—but he also had warrants for his arrest. Client and Attorney Barabino got to work and after a long interview and interviews with family members drafted long affidavits of support of his good deeds. We also had him drug tested. In the end, armed with a substantial amount of supporting materials, we had the default removed in the initial case which was for drug possession. Those cases were given a (continued without a finding “CWOF”) designation which allows for the matter to be dismissed in the future. Also, client was given no conditions of probation and permission to go to the next court where he has warrants without going to jail. Now, today, we resolve the second matter, after reaching out the officer himself, the DA, and others, and arguing for the same disposition. So, despite his otherwise lengthy record, client will never spend any time in jail, no guilty convictions, and no probation conditions. Everything dismissed in 180 days if remains out of trouble. Client beat addiction head on and beat the odds.
RESULT: Warrant Default Removal and No Convictions or Conditions of Probation