Recent Cases

November 8^th 2022
Clerk Magistrate Hearing
Leaving the Scene of Property Damage
Client was a most impressive young woman balancing a variety of life’s task. She was a fulltime employee, mother of three and a student, among other important obligations. She also had no prior criminal record. Here, she was doing her daytime task when she struck a fire hydrant and left the scene. The police had an eyewitness and did a detailed investigation whereas a review of videotape determined that she was the operator of the vehicle that struck the hydrant. The police were thorough and detailed in their investigation and sent a summons. A magistrate hearing was requested and today the hearing was held. After the submission of a variety of documents and arguments a decision was made that the complaint would NOT go forward and her record would remain preserved. The only obligation would be that verification of the damaged property be provided within 90 days.
RESULT: Complaint Successful Magistrate Hearing, Leaving the Scene.

November 8^th 2022
Clerk Magistrate Hearing
Assault with a Dangerous Weapon
Client was a very pleasant hard working store owner. While working at his convenient store he came to the conclusion that some young kids, who had stolen before, were stealing again. Upon making this determination, he then picked up a large stick that he keeps close and then carried the stick by his side while escorting the two youths from the store. Shortly after this, parents came to his store individually making their concerns known to the client. The parents were upset, but not unreasonable. Client had a mature discussion with the parents. Police had investigated and filed a felony charge of assault with a dangerous weapon. The charge is issued had the potential to have massive life alternating impacts to the defendant and his family. Normally, a felony charge, when issued it is by a warrant, or a summons for arraignment. The police, in their discretion can file for a clerk magistrate hearing, but they did not have too. Here, they did file for a clerk magistrate hearing. Much preparation went into the matter, yet the hearing was particularly brief and succinct. They were not going to issue the complaint.
RESULT: Clerk Magistrate Does NOT find Probable Cause for Felony Complaint

October 17^th 2022
License Suspension
Marked Lanes Violation
Speeding
State Highway violation
Passing Violation
Client was a young man who was apparently driving his motor vehicle faster than he should have. Police got involved when he was in a crash. When the police arrived, they were told by a witness that he was drag racing before the crash. Client was interviewed by police at the scene. Fortunately, client remained calm and respectful to police. His calm and respectful behavior to the officer likely resulted in rather modest charge(s). Often in cases like these, the police will issue an Immediate Threat on the license, in addition they will issue a negligent operation charge. Here, they did neither. However, they did provide a citation for the criminal charge of not being licensed. Additionally, the officer issued a ticket for four separate civil offenses. A hearing was held and after the hearing the Magistrate DID NOT issue either the license suspension ticket OR did he issue the civil violations. The civil violations, if found responsible would likely result in a license suspension from the registry, beside a large insurance increase. However, in the end, neither is issued if the defendant provides documentation of attending two driver safety courses.
RESULT: Clerk Magistrate Hearing Complaint Does NOT ISSUE. License and Record Preserved.

October 6, 2022
Operating Under the Influence or .08
Negligent Operation of a Motor Vehicle
Client was a seasoned software professional, pleasant and respectful. Client had no prior criminal record. One night he was driving admittedly a little erratically out of eagerness to get home. He was ultimately pulled over by police. Noticing some signs of intoxication, police asked him to perform field sobriety tests and a breath test. Client agreed to both. The breath test indicated that he was slightly above the legal limit, but this evidence was not admissible. Attorney Barabino eventually selected a trial. Client was found not guilty of operating under the influence of alcohol. On the negligent operation charge, Client effected a plea deal prior to the start of a trial which was a: a six-month Continuation Without a Finding. This means that the case will eventually be dismissed in six months if Client doesn’t get arrested for anything new.
RESULT: Not Guilty on OUI; 6-month CWOF on Negligent Operation

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.

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

August 18^th 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.

August 10^th 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