Recent Cases

June 3, 2024
Restraining Order Hearing
Client was very pleasant software professional for a large insurance company. He was living at a location where he had several roommates. He had had a continuous problem with one particular roommate. That roommate was also a pleasant professional, however, he believed that client was threatening him and antagonizing him and sought a restraining order against client. A hearing was scheduled. Attorney Barabino and client, and one witness began preparations, and the hearing was held. The petitioner was questioned on his claims and then we had client testify. In the end, the judge declined to issue the order against client.
RESULT: Judge Declines to Issue Order Against Client.

May 16, 2024
Conspiracy
Breaking and Entering for a Misdemeanor
Threat to Commit a Crime
Attempt to Commit a Crime
Witness Intimidation aggravated (2 Counts)
Client was a young teen engaging in a social media challenge. That challenge resulted in the police being called. There was more than one incident. The “challenge” was that young people harshly knock on a random stranger’s door and run away. The homeowner was rightly concerned as he did not know the intentions of the people doing this to him. They found it concerning and disturbing. A second time, the challenge occurred, and the homeowner was able to detain one youth. Also, during this exchange there was a statement made to the homeowner that was intimidating of the person. Also, shortly after this, client apparently sent out an offensive snapchat.com message about the police officer that was investigating. As a result, several charges were filed, some felonies. The family didn’t wait to take action to redirect the young man to more supervised and productive behaviors. They initiated a wide range of rehabilitative and punitive remedies---all with love of ensuring that a good kid stays a good kid without a criminal record. In preparation for the hearing, the police reports were obtained and a super detailed memorandum arguing against probable cause was filed as well as affidavits of the family members. In the end, the magistrate was content with client continuing to do the great work that he was doing under the direction of his parents, as well as a letter of apology to the homeowner. The charges do not issue against Client.
RESULT: Magistrate Declines to Issue Complaint, Preserving Record.

May 15^th 2024
Secretly Photographing or Videotaping a Nude or Partially Nude Person.
Disorderly Conduct.
A most pleasant and accomplished was traveling from Boston to the West Coast. Client was an accomplished and well respected post-doctoral level senior analyst and liaison government agency. Client had an excellent reputation and possessed a top-security clearance due to the sensitive nature of his work. While in the airport bathroom he was accused of snapping a photograph of a young man in the adjoining bathroom. A brief interaction and dispute occurred among the two and eventually, client was arrested at the scene. He was brought to court and charged with videotaping a (partially) nude person and disorderly conduct. He was placed on a high cash bail and the case was referred to the superior court department for consideration of indictment given the seriousness of the charges. Without delay, at my request, client flew to a prearranged expert in matters relating to the type of behavior. That expert performed a detailed in-depth summary. In that time, much discussion review of the client, his background and history were examined and communicated with the representative District Attorney. After much review, a detailed review of the phone over the year, an agreement was made to stop the prosecution for a period of 18 months, the client agree to go to therapy during this period and he does not have to return to court, the matter will simply be dismissed.
RESULT: Government Ceases Prosecution of the Matter---and Agrees to Dismiss, Pending 18 Months Therapy Completion.

May 14th 2024
Unlawful Possession of Theft Detection Device Deactivator or Remover
Unlawful Deactivation or Removal of Theft Detection Device
Shoplifting by Concealing Merchandise
Client was super hard-working father with a lot of responsibilities with his two jobs and several children of various ages. Here, client was shopping when he used a device known as a Q4 Security Peg Key which is used to remove merchandise from anti-theft containers. He was seen taking some of the items and was confronted by security. He respectfully cooperated and police came, and they arrested client. The charges were, in part, felonies, and they are also crimes of moral turpitude, so for non-citizens, as he was, this would be serious immigration consequences if he even admitted to one. A deal was eventually struck where he would perform a remedial program and the case would remain open for a year---and no admission of wrongdoing—or immigration consequence.
RESULT: Motion for Judicial Diversion Filed, PTP Offered and Accepted.

May 7^th 2024
Shoplifting by Concealing Merchandise
Shoplifting over $250 by Concealing Merchandise
Shoplifting over $250 by Concealing Merchandise
Client was a pleasant young married woman with no criminal record. She went shopping to in a high-end cosmetics store and on three separate occasions she took item(s) that did not belong to her—stole them. On the third occasion she was confronted by security, which included a very brief physical touching. Security at this location had identified client before but had not apprehended her. On the last event, security reported to police and police inquired and tried to interview client and she denied the allegations. She was served with a summons to appear before a clerk magistrate and had two months to prepare for the hearing and that included, going to a therapist to review her behavior and remedy the underlying reasons for the theft (Often times, there is a depression, anxiety or anger that can cause someone to repeatedly take something when they can pay). We developed a long background memorandum on client, we also sent her to a online shoplifting course, and finally prepared to pay restitution. In the end, there was an agreement to not issue the complaint if she completed 25 hours community service as well—to which we embraced as the complaint does not go forward and still has no criminal history or record.
RESULT: Complaint Does Not go Forward to Arraignment.

April 19^th 2024
Assault and Battery with D/W
A&B Household Member
A&B Household Member
Client was a young man who, while in High School had some tension with his parents—very normal for most all teens. The young man had with equally pleasant parents. The police had responded to the home on more than one occasion as the disputes became concerning and criminal in nature. The parents acted when client was charged with a variety of offenses and child took responsibility for his actions. Client went through a variety of programs to include an out of state full time school with specialized instruction. The District Attorney office accepted him into a juvenile diversion program and monitored the efforts of the young man. Today, the case was dismissed prior to arraignment and the family moves forward, without the criminal charge.
RESULT: No Charge for Juvenile via Diversion

April 18^th 2024
Felony Assault and Battery
Client was an adult son living at home with his parents. Adult son was charged with assault and battery with a dangerous weapon---a felony charge. According to police, they received a call and went to the home to investigate. Police stated that client had an argument with father and attempted to drive away striking father and striking a motor vehicle in the driveway. Father was transported to the hospital via ambulance. Police investigated and did not arrest but did send a summons to appear for the felony charge. Attorney Barabino spoke to the District Attorney and the result was that they would refer client to Diversion. Diversion reviewed the case and almost declined to accept it based on the facts as client had had a restraining order prior. However, they did accept client into Diversion, and he completed a variety of task to include therapy and anger management. As a result of his completion of these programs, today the case was dismissed pre-arraignment. The distinction with it being pre arraignment is that is never appears on the person criminal record—period.
RESULT: Felony Never Appear on any CORI Record via Diversion

March 20^th 2024
Domestic Assault and Battery (Household Member)
Client was pleasant hard-working union professional at casino with his girlfriend. This couple were enjoying themselves until they got into a petty dispute with each other. At the time they got into the petty dispute they were drinking alcohol and were intoxicated. This petty dispute resulted in client’s partner punching him in the face a couple times. Once client was punched in the face, he ran after girlfriend and aggressively tried to resolve the matter which resulted actions that were sufficient touching for the crime of assault and battery. Often, in most criminal offenses, there is not video evidence, but in this case, at this gambling location, there is military grade high resolution video that captures angles that are often not helpful to the defense, as was in this case. The prosecutor sought a guilty conviction with a period for 18-Months, Community Service, a 42-Week Intimate Partners Program and a stay away from the location. We presented an alternative a continuation of a finding instead of a guilty, no intimate partners program and no community service and also a lesser period of probation of a year. The Judge accepted the defendant’s plea with an agreement that he attend monthly counseling and agree not to drink as he recently became sober. Case will be dismissed in a year.
RESULT: Judge Accept Defendant’s Recommendation for Plea for Domestic Assault and Battery