May 6, 2025
Open and Gross, Lewd and Lascivious Conduct
Client, a hardworking father under significant stress, took a quiet coffee break after a long day. During that time, he was observed by a minor in what was described as a moment of partial exposure. The witness contacted police, and an investigation followed. Client remained cooperative throughout, and the witness provided photographs taken at the scene. While the images were not conclusive, some elements aligned with the reporting party’s account. The same individual also claimed to have witnessed a similar incident previously, involving alleged self-exposure and photography. After reviewing the evidence, the case proceeded to trial. On the day of trial, the Commonwealth sought a felony conviction. However, following negotiation, Attorney Barabino secured a Continuance Without a Finding. The judge agreed, though imposed a probation term longer than one year. Importantly, the outcome avoided a conviction and positioned the case for full dismissal upon successful completion.
RESULT: Continuance Without a Finding; No Conviction for Sex Charge.