Recent Cases

No Conviction on Probation Matter--

September 22, 2022
Strangulation/Suffocation
Assault and Battery
Probation Violation
Client was a pleasant young electrician who was charged with assault and battery and strangulation on a family member. According to police, client began a physical interaction with his brother without his brother’s consent where the elements of strangulation occurred. Police were called in the early morning hours and the police had bodycam activated which did not provide anything that would be helpful to the client’s defense; aside from confirming that client was highly intoxicated. Anytime an allegation of strangulations is made it is highly problematic as this felony draws the attention of prosecutors in every venue. In this case, the facts of the event were manageable, but what was concerning was the client was on probation for a crime of aggression. So, at arraignment on this charge the probation department asked for my client to be held in jail pending the final probation surrender hearing. A hearing was held, and the court ruled with Attorney Barabino that client will NOT be held. The case continued with much negoiations and updates with all the departments involved. Client was placed on therapy and successfully maintained an alcohol-free regimen. In the end, the probation department didn’t sentence client to jail, nor did they convert his case to a guilty status. They simply extended probation for a period of a little more than six months at which time the underlying charges will be dismissed. And more importantly, the District Attorney agreed to Dismiss the felony strangulation with no admission of wrongdoing if client continues his probation matter successfully.
RESULT: No Admission to Wrongdoing or Guilt & No Conviction on Probation Matter.

No charges issue; no surcharge; Client can pursue her aspiration to be a public safety officer with no criminal record of the incident

September 7, 2022
Leaving the Scene of Property Damage
Client was a young, very pleasant lady charged with Leaving the Scene. The facts of this case were very typical for people accused of this crime. Although the accusations were serious, the police officers, assistant district attorney, and court assigned to handle the matter were very approachable and willing to resolve the case before formal criminal charges were filed. On the date of the event alleged, Client was going about her day when she unintentionally hit a car parked in a parking lot. The accident was caught on camera. Client ultimately left but otherwise behaved responsibly. She was eventually cited. Immediately after, she reached out to the court and returned the citation within four days to secure a clerk magistrate’s hearing. She then spoke to Attorney Barabino who represented her at the hearing ready with her Registry of Motor Vehicles record, a background memorandum, and other documents. The hearing officer found Attorney Barabino and Client convincing and ultimately an agreement was reached to not go forward with the case in exchange for a payment to compensate for the damages.
RESULT: No charges issue; no surcharge; Client can pursue her aspiration to be a public safety officer with no criminal record of the incident

Nolle prosequi is entered.

August 18th 2022
Leaving the Scene of Property

Client was a hard-working business owner who was charged with leaving the scene of property damage. According to witnesses and a police officer, client was driving when his tie rod on his car snapped. The result was he was unable to control his steering which resulted in him striking a motorized road sign. Client quickly and safely proceeded to safety at which time a police officer made observations and eventually determined that there was probable cause for a criminal violation and sent him a summons to appear in court. This was a strong case for the client, but we wanted to get it resolved with a goal of dismissal and done so as easy as possible. Client was particularly patient and understanding. Two factors that complicate this otherwise strong case was 1) client was not a citizen and a conviction would be a crime of “moral turpitude and 2) he had actually plead guilty to this charge many years ago. Nonetheless, after meeting with the district attorney and providing them a legal breakdown of the charge, contacting the insurance companies and a few court dates later, an agreement was made to simply remove or withdraw the entire prosecution. Case Over.
RESULT: Nolle prosequi is entered. Nolle Prosequi is a Latin phrase, which directly translates to “not to wish to prosecute.” Nolle prosequi is a legal notice or entry of record that the prosecutor has decided to abandon the prosecution.

Trial Readiness Conference Dismisses Case

August 10th 2022
Assault & Battery
Assault & Battery
Strangulation and Suffocation
Strangulation and Suffocation
Client was all around great guy with no record who was charged with a variety of offenses. Those offenses included but not limited to assault and battery (2 counts) and strangulation and suffocation (2 counts). The client was arrested and brought to court and released on 58A Dangerousness conditions. According to police, he was with his wife visiting his parents when there was a dispute that became physical. After a full review with client and his wife, who witnessed the altercation, it was clear and apparent that client would have a very strong claim of self-defense at trial, at which would most certainly result in his acquittal. However, despite the strength and confidence that would expect, we also know there are no guarantees. Even if Defendant was successful on ¾ of the charges, but not all—the results could be catastrophic since one guilty conviction would have significant immigration consequences, besides the normal concerns such employment issues, license to carry firearms, CORI clearances. As a result, we sought to attempt to bring this matter to conclusion without a trial, yet with the assurances of a dismissal. The first thing we did was to demonstrate, in writing the history and background of the client. Also, demonstrating to the District Attorney what occurred and when and the possibility of a conviction was remote, and at the same time massively impactful to the Defendant. In summary, the District Attorney was patient and through and after discussing the matter with the alleged victims an agreement was made for a trial readiness conference or a bench trial without a waiver of rights, which if successful would result in a dismissal. That event occurred today, and the case was in fact dismissed in its entirety. Criminal Record Preserved.
RESULT: Trial Readiness Conference Dismisses Case

Clerk Magistrate Agrees with Defense

August 5th 2022
Larceny under $1200
Clerk Magistrate Hearing
Client was a respected computer programmer and father. While vacationing in Massachusetts he picked up a abandoned piece of property that was in fact stolen. Although he was unaware it was still stolen item and the owner was looking for it. Eventually, client placed the item on EBAY.com and sold it to which the buyer determined it was stolen and client refunded the money. The original owner continued to advocate for client to be accountable which was a fair and reasonable desire, however, client was not the one who stole it. The police did an outstanding investigation which in the end helped determine that there was not enough evidence for this charge to move forward and the charge was dismissed before it began.
RESULT: Clerk Magistrate Agrees with Defense

58A Release, Case Resolved

July 12th 2022
OUI 2nd Offense
Domestic Assault and Battery
Assault with a Dangerous Weapon
Assault with a Dangerous Weapon
Negligent Operation of a Motor Vehicle
Speeding
Client was all around solid guy who was charged with a variety of offenses. According to Police, they were responding to a report of domestic violence. Once they arrived, they saw a situation that involved client, but client had already left the area. While police were at the location, client drove by police which they say was excessive. They suggested that the operation of the motor vehicle in proximity to the police who were in the road was an assault with a dangerous weapon. Police followed and stopped client and determined that he was under the influence of alcohol and charged him with the offenses. They held him on a dangerousness hearing. After many months they hired Attorney Barabino and after much preparation advocated for his release. That advocating triggered an offer of a plea that worthy of acceptance and client was released from custody. The assault on police charged with continued without a finding and the other dismissed. The domestic violence charge was generally continued, the 2nd offense OUI charge was reduced to 1st offense and the speeding was a civil infraction of not responsible.
RESULT: 58A Release, Case Resolved

Threats Charge

July 7, 2022
Threats Charge
Client was a nice guy who, while under tremendous stress, and during that stress uttered what could be interpreted as a threat to harm another person. The case with voluminous preparation as with every case. And, it began with discussions with the District Attorney as to what a resolution might look like. In this matter, we were confident of the outcome at trial and when the District Attorney required an admission of wrongdoing, probation, and an anger management class, we politely declined the offer and marked the matter for a trial. Again, client and Attorney Barabino were confident in the outcome, but when, after much discussion on the day of trial, they offered to simply cease prosecution under what is called a general continuance client and Attorney Barabino agreed and Case Resolved.
RESULT: Threats Charge, Continued with NO Guilt or Admission of Wrongdoing.

Rape Investigation

July 2, 2022
Rape Investigation
Client was accused of rape and notified that his firearms would be taken as a result. Attorney Barabino immediately began the process of preparing and advocating for Client in order to ensure he did everything so he could to avoid law enforcement from being officially charged. And if they were they were going to have a trial they would be ready for the process. Understanding that the police take these allegations very seriously, Attorney Barabino worked to show authorities that there was not a basis for charging and general background of client. That combined with the continued contact with law enforcement may have helped avoid the charges, we will never know, but the important part is that he will not be charged with a crime. In the end, the goal of no charges was accomplished, and client was informed of such. Moreover, upon request, client was immediately reistated for his license to carry a firearm.
RESULT: Rape Investigation CLOSED, License to Carry a Firearm REINSTATED.

Acquittal of Civil Rights Violations

July 1, 2022
Civil Rights Violation(s)
Misdemeanor Assault and Battery (2)
Client was charged with Felony Civil Rights Violations and Misdemeanor Assault and Battery—Two Counts of Each. Client was a super nice, hard-working young woman who was brought into melee which was not of her doing-but her friend. After nearly 2+ years of advocating and motions and preparation the District Attorney officially dropped the felony portion of Civil Rights violations. Eventually, a trial was held with many witnesses. In the end, the client was acquitted of both civil rights allegations, but convicted of the misdemeanor assault and battery. The District Attorney sought jail time on the misdemeanors and was denied that request by the judge and she was given probation with suspended sentence. Additionally, there was the imposition of alcohol free with screens. In the end, the heinous allegations of civil rights violations simply determined to be not guilty and no jail on the other two counts of impermissible touching or Assault and Battery.
RESULT: Felony Civil Right Violations, with Injury, REDUCED, and ACQUITTED. Misdemeanor A&B NO Jail.

Motion to Reconsider Bail Revocation, ALLOWED, No Jail on Plea

June 13th 2022
Larceny Under $1200 (4 Counts)
Credit Card Receiving Stolen (5 Counts)
Possession of a Burglarious Instrument
License Suspended Motion Vehicle
Breaking into a Depository
Client retained Attorney Barabino after client had his bail “revoked” and committed to jail for 90 days. Client had an open gun charge and had a new charge of “fishing” out of U.S. mailboxes. The act of fishing from a mailbox entails someone using a device to extract the items from inside the box for illegal purposes. Attorney Barabino went right to work on representing client who was particularly pleasant, patient and understanding of his predicament. The new charges were extensive and with his bail being revoked, Attorney Barabino interviewed all involved and had affidavits and a memorandum of law developed so he could try to have the judge reconsider his previous ruling. Eventually, a hearing was held, the judge authored a written motion, ALLOWING for the reconsideration of the bail revocation. Client was released from jail, but only briefly to his misunderstanding of the release conditions. Barabino tendered a plea before the court and the request from each side where what is called disparate. The government or commonwealth was looking for 2.5 year jail sentence with 18 months in jail, with the GPS upon release. On another charge the government was looking for 1 full year committed behind bars. In the end, at the conclusion of the hearing, the judge sided nearly in every way with Attorney Barabino, where aside from the license charge he received all continuation without a finding disposition (CWOF) where the charges will be dismissed if he doesn’t get in trouble for two years. Client released from custody.
RESULT: Motion to Reconsider Bail Revocation, ALLOWED, Disparate Plea for No Jail Successful.