Recent Cases

September 13, 2024
Threats to Commit a Crime
Client was a very responsible former Registered Nurse with no criminal record. She had a tumultuous relationship with her sister. Client’s sister made allegations that client was threatening to beat her and according to police, client said it twice. There was some credibility to the accusations, as the accuser was successful in getting a restraining order against client (which client represented herself at). The police sought criminal complaint for threats and a clerk magistrate hearing was scheduled. In preparation for ther hearing, Attorney Barabino drafted an 8-page memorandum of law, countless text messages and finally, two witnesses to testify so that the complaint does not issue. After a brief hearing, the magistrate declined to issues the complaint against client and the charges do not issue.
RESULT: Magistrate Declines to Issue Complaint for Threats Charge.

August 23, 2024
Wanton Destruction of Property
Discharge of a Firearm within 500 Feet
Client was a hard-working public professional with no prior criminal history. Recently, he had obtained a license to carry a firearm and was home manipulating the firearm while it was loaded. While doing so, he discharged a bullet into his neighbors adjoining apartment. The neighbor was not injured. Police quickly arrived and secured the area. They seized the clients’ firearms and sent him a summons. The police responding with professionalism and restraint. The took the clients firearms and charged him criminally via summons for discharging a firearm within 500 feet of a dwelling and wanton destruction of property. A motion to dismiss was filed on the wanton charge and prior to that motion being heard the District Attorney agreed to dismiss the charge if a plea on the 500 feet discharge was accepted by the judge. As for the remaining charge of discharge of 500 feet, the government requested the judge find client guilty and Attorney Barabino asked for a continuation without a finding (CWOF) that would be dismissed at the end of Probation. The judge agreed with the Defendant and did not enter a guilty verdict siding with the defense.
RESULT: Wanton Destruction Dismissed Upon Acceptance of Plea, Court Agrees with Defense for Continuation without a Finding and Not a Guilty Verdict.

August 22, 2024
Leaving the Scene of Personal Injury
Client was a very kind and responsible young man who was out drinking in the early am. He was driving home, and he struck another car, The other car was heavily damaged, and he did not remain on the scene and left. He was charged with leaving the scene of personal injury. Fortunately, he was not charged with OUI despite his admission of drinking and some other factors. The charge has of Leaving the Scene of Personal Injury has a 6-month jail sentence attached, if jail imposed and a required guilty for any disposition. Included in the sentence is a mandatory one-year loss of license. Here, Barabino put forth a variety of materials to include the history and background of the client, but more importantly, an impediment in the filing of the report. That impediment appeared to have resulted in the Magistrate not issuing the Charges.
RESULT: No Probable Found, (PC), Charges Do NOT Issue.

August 22, 2024
Leaving the Scene of Personal Injury
Negligent Operation of a Motor Vehicle
Civil Violations
A particularly impressive young man found himself in a bind. He was operating his motorcycle when he slightly hit the side of a car at a stoplight. Anytime a person contact with another driver like that you must stop and exchange information. Otherwise, it will result in a leaving the scene charge. Here, client didn’t stop, he also, drove away in a reckless manner, including a red light and marked violation. He was caught in camera and the police issued him a citation. He called Attorney Barabino right away and told client to go directly to the courthouse and request a hearing within 4 days of receipt of that notice which can give him a magistrate hearing, which he did. At the hearing, a variety of facts and circumstances were detailed resulting in all allegations not being charged. And civil infractions, not responsible.
RESULT: Case Does NOT Move Forward.

August 19, 2024
Violation of a Harassment Order
Client was a very decent and responsible young man who was accused of violating a harassment order. The incident began when the client was living with a roommate that was harassing him. As a result, client sought and obtained a harassment protection order against roommate. In response to harassment order, the roomate then got an emergency order against client. In-between the time client got his harassment order, and the other person got their order, the other person claimed that client violated the order. That claim was not true, and client testified that he was not at the location when alleged. Additionally, client had video evidence that supported his testimony that he did not violate the order. As a result, no probable cause was found against client.
RESULT: No Probable Found, Case Dismissed.

August 15, 2024
Domestic Assault and Battery
Client was a super pleasant hardworking CDL Driver who was accused of Domestic Assault and Battery. According to the police report, client was having a dispute with mother of their child over parenting concerns. Mother raised a slipper in the air signaling that she was preparing to strike him. He took control of her hand and then did strike her twice. The incident was caught on camera. His former spouse was asked if she wanted to pursue the matter as the hearing date was approaching and she very reasonably said she had no interest in doing so. She simply asked that the restraining order that she obtained remain in effect and he obey it. All parties were very reasonable and understanding that focus on moving forward. This result was a great opportunity to move forward in positive and healthy manner for client and all involved.
RESULT: Domestic A & B does NOT Issue at Magistrate Hearing.

July 30, 2024
Resisting Arrest
Assault and Battery on a Police Officer
Assault and Battery on a Police Officer
Assault and Battery on a Police Officer
Destruction of Property Under -1200
Disorderly Conduct
Client was a very pleasant, registered nurse who was in a healthy and supportive marriage. Client had no prior criminal history but some manageable mental health obstacles. On the date she was arrested as her mental health problems escalated to a concerning level. She became disorganized and confused. She met with a stranger and made concerning statements that were aggressive and disorganizing. She was in essence having a mental health breakdown. She damaged a door of a stranger and then struck police officers who responded. In conclusion she was arrested and charged and placed in a short-term mental health facility. She quickly improved her mental health with therapy, medication and the support of her husband. In the end, a deal was struck where the District Attorney would dismiss the charges in return for her agreeing to continue with therapy and medication as needed. No Admission of wrongdoing.
RESULT: District Attorney Agrees to Pause the Entire Prosecution with an Agreement that continue with Therapy & Medical Support.

July 24, 2024
Trespassing
Client was a young adult who trespassed on a school roof. The circumstances of the event caused the police genuine concern. The police conducted a fairly through investigation to ensure that the client and his friend were simply acting outside the bound of good judgment and nothing more. The police did not arrest client but sent him a notice of a magistrate hearing. Although the confidence was high that the matter could be resolved at that hearing, Attorney Barabino coordinated the matter prior to the hearing to ensure the highest level of predictability or resolution and not forwarded to arraignment. If the matter was sent to arraignment, it would then forever be on his criminal record, even if dismissed. So, the matter was tabled for a period of 6 months so it would never go on the young man’s record. If it did, even though it would eventually be dismissed in some form, and even though it is a relatively low-level charge, the young man would have to put that entry on a variety of job applications, government clearances, and background checks, for the rest of his life. The consequences, if not resolved, as they could have an undesirable and unfair impact in that person’s life. In this case, the matter was not sent to arraignment and will never appear on the person’s criminal record.
RESULT: Criminal Complaint Does Not Issue Against Client.