June 9, 2020
Negligent Operation of a Motor Vehicle
Client was a former gynecologist charged with an OUI and Negligent Operation of a Motor Vehicle. According to police, he was driving highly intoxicated and passed his car over the yellow line hitting another car head on, significantly injuring the vehicle’s occupants. After months of negotiations with the district attorney, an agreement was reached where client would go on probation for two years with an alcohol treatment program and no jail time. The victim of the incident was particularly decent and forgiving given her injuries that resulted from the accident. Because client’s blood alcohol content was especially high, he would also be required to enter a 24Q evaluation and additionally accept a 90-day loss of license.
RESULT: No Jail Time for Serious OUI Charge with Injuries.
June 8, 2020
Assault and Battery
Client was a young student with no criminal record accused of assaulting and battering another person. The victim had injuries sufficient enough to require medical attention. The district attorney initially declined plan for diversion, but Attorney Barabino and client established a plan to advocate for judicial diversion by thoroughly presenting client's background and history to the court. In the end, the district attorney and the court accepted the plan. Client enrolled in anger management, saw a psychiatrist, went to therapy, and paid restitution in exchange for case being dismissed after a period of time. Because case was dismissed prior to arraignment, client will have no criminal record of the event impacting future education and/or employment opportunities.
RESULT: Case Dismissed Pre-Arraignment, No Criminal Record
March 13, 2020
Client was a hard working scientist from Italy who was accused by police of inappropriately touching someone. Attorney Barabino met with client for an interview and wrote a lengthy background memorandum on his life. Client and Attorney Barabino went to court prepared and presented a range of facts, evidence, and arguments in support of client’s case. In the end, the court and district attorney agreed to continue the case without a finding. This means that the case will be dismissed as long as client adheres to probation conditions. In the end, no guilty conviction and no required sex offender registration.
RESULT: Case Dismissed After a Period of Time, No Guilty Conviction, No Sex Offender Registration
March 12, 2020
Client is hardworking, married father in an otherwise healthy relationship with his wife. His wife is also hardworking and very pleasant. According to police, there was an occasion where the wife made an accusation that client struck her with a pillow. Wife called police, even though her intent was only to admonish him and not have him arrested. However, client was arrested and charged with a criminal offense. Couple soon after retained Attorney Barabino. Attorney Barabino gave them a detailed explanation of the criminal procedure involved and explained to them how every police department has its own arrest policy. Client and Attorney Barabino went to trial with expectation that case could be resolved then on marital privilege. On the day of trial this happened, and the case was ultimately dismissed.
RESULT: Case resolved with NO RECORD.
March 11, 2020
Clerk Magistrate Hearing
Possession of/Forging of a False Identification or License
Client was a young, conscientious public safety official who simply made a mistake. He illegally attached a license plate to his car. At the time, he was down on his luck and did not have any money. Attorney Barabino prepared vigorously with client, presenting evidence to the clerk that he had a valid license and did not know he did anything wrong. Attorney Barabino also presented a supplementary background memorandum on client’s hardworking, exemplary life. In the end, the clerk magistrate denied the application for a criminal complaint. Client has no record of incident on him.
RESULT: Application for Criminal Complaint Does Not Issue, No Criminal Record
March 3, 2020
Harassment Prevention Order
Clients were very pleasant, hard-working young ladies with no criminal records. Clients had a dispute with a former friend, and that friend alleged facts that were simply not true in complaint. According to accuser, clients were harassing her. Accuser presented some evidence, but it was not reliable and not enough for a harassment order to issue. Attorney Barabino took the case on, meeting for several hours with clients to plan approach and prepare witnesses. In court, several witnesses were called to discredit the testimony of the accuser. Attorney Barabino prepared a cross harassment order alleging that it was in fact the accuser who was the perpetrator of harassing actions. At the hearing, the judge listened to all the evidence and testimony and found that the accuser’s allegations did not rise to a sufficient level meriting issue of a harassment order. Accuser’s complaint was dismissed and her harassment order application denied.
RESULT: Complaint Dismissed, Harassment Prevention Order Does Not Issue
February 27th 2020
Operating Under the Influence of Alcohol or %.08
Negligent Operation of a Motor Vehicle
Client was a retired registered Nurse (R.N) who was charged with Operating Under the Influence of Alcohol and Negligent Operation of Motor Vehicle. According to Police, they witnessed her driving in a way that was inconsistent with normal driving. At a very late hour, client was coming home from a date and wanted to say hello to an officer who had helped her many years ago. It was actually defendant who stopped to talk to the police who were monitoring traffic. The police asked questions and noticed that she had slurred speech, bloodshot eyes, and smell of alcohol on her breath. The police had legitimate concerns and wanted to administer field sobriety test. While the client was being administered the test, the noticed she was unsteady on her feet. According to Police, she did not satisfactorily pass the test. In the end, she was arrested, and the case was placed on for trial. The court was unable to reach the case on the day of trial. And after four separate trial dates where either the client or the Commonwealth was not ready, the case was finally reached on the 5th scheduled trial date. On this date the only charge the Commonwealth proceeded on was OUI as they had dismissed the Negligent Operation charge prior to trial. However, in the end, after hearing all the evidence and the defendant testifying in her own defense, she was found NOT GUILTY and a motion to return her license was ALLOWED, after trial.
RESULT: NOT GUILTY ON THE OUI CHARGE and a Motion to Return the LICENSE ALLOWED.
February 20, 2020
Assault and Battery
Assault and Battery Against Police Officer
Client was pleasant, professional young CPA. According to police he was at local Encore casino late at night and intoxicated. Police stated that client got into a relatively insignificant but possibly criminal altercation against fellow casino player and subsequently left scene. Police later located client and began speaking with him. When they did, client reacted with a combination of poor judgement and alcohol. Unaware that the officers were police, client got into an altercation with one. This led to the client being taken down by law enforcement and arrested. In the end, Attorney Barabino and client were able to work through the evidence and with prosecutor come to an agreement that this was an event that was unacceptable and never should have occurred. Client expressed desire to take responsibility. He was given disposition with very manageable conditions which will allow the case to simply be dismissed with admission of wrongdoing
RESULT: Case Dismissed, No Criminal Record
February 18, 2020
Strangulation & Suffocation
Client was pleasant, young father but not yet legally immigrated to the country. According to police, him and his young brother got into a fight, which included allegations of strangulation and suffocation. The two had never been in a physical altercation prior to that day. Client was held on a 58A dangerousness hearing. Upon him being detained in jail, his mother retained Attorney Barabino immediately. Within four days Attorney Barabino and his writer Nick developed a detailed disposition memorandum, drafted and had signed multiple affidavits of support, and interviewed and prepped witnesses in anticipation of 58A hearing. At the hearing, Attorney Barabino presented multiple arguments and cross-examined the accuser. He also provided witnesses who testified on behalf of the defendant. The result was the immediate release from custody of the client. Then, after many months and hearings and an in-depth investigation, a motion for pretrial diversion, and continued interviewing, the district attorney suggested that the case be generally continued for one year and client would continue anger management program.
RESULT: No Conviction. No immigration consequences.
February 6, 2020
Trafficking Food Stamps
Client was very pleasant young lady, with several young, well-behaved children. She was accused by the government of trafficking food stamps and other related allegations. Client denied that any of these accusations took place and sought to challenge them. According to the government, she had been not only trafficking but intentionally violating food stamp rules and regulations. Attorney Barabino was retained and got to work with client in reviewing a large amount of documentation, memoranda, and data. In addition, Attorney Barabino with his assistant Nick developed a detailed breakdown of the entire case and a memorandum supporting her attention to all the rules and regulations of food stamp law. In the end, when all the hearings were complete and the testimony taken, client was vindicated and all allegations were dismissed.
RESULT: All Allegations Dismissed in Client's Favor