Recent Cases

January 11, 2023
Operating Unregistered Motor Vehicle
Operating Uninsured Motor Vehicle
Client was a talented working professional who was cited by police for driving a car that was unregistered and uninsured due to a good faith mistake on his part. Before the charges would go forward, he was given a Clerk Magistrate’s hearing which he retained Attorney Barabino to help him prepare for. Given his experience, Attorney Barabino knew that these cases tend to resolve favorably for clients when there is no accident and a legitimate reason for the mistake. Attorney Barabino prepared for the hearing with an affidavit and exhibit and was successful. The charges did not issue and client would have nothing on his record. When a case is dismissed after a person is arraigned that dismissal remains on their record, but when a case does not go forward at the Clerk Magistrate’s level, nothing stays on their record.
RESULT: No Criminal Charges issue after Successful Clerk Magistrate’s Hearing.

January 6, 2023
Operating Under the Influence of Alcohol
Carrying a Firearm While Intoxicated
Possession of An Open Container of Alcohol
Failure to Yield
Client was a young Marine who went out drinking with his buddy. The friend was unable to drive because of his drinking so Client took over the responsibility for him. Client, however, was not in a state to drive himself and was eventually stopped for a traffic violation. Client was polite and respectful to police but ultimately arrested because he was intoxicated. Police observed that he exhibited the classic symptoms and signs of alcohol intoxication. Client also lawfully had in his possession a firearm which led to another charge because of his sobriety. After Client took a breathalyzer test and blew .20, he was automatically designated for a court program called 24Q which requires a mandatory evaluation with any disposition. The case was Continued Without a Finding, which means it will eventually be dismissed after Client complies with court conditions.
RESULT: CWOF; client moving forward and record preserved

January 5, 2023
Operating Under the Influence of Intoxicating Liquor
Failure to Stop for Stop Sign (Civil)
Client was a professional and talented businessman accused of driving through an intersection and causing a car crash while intoxicated. When police arrived on scene, they observed a totaled Range Rover and detailed in their police report that Client exhibited some of commonly cited-to signs of intoxication—including red and bloodshot eyes and slurred speech. Client was offered and performed Field Sobriety Tests, particularly one called the Nine Step Walk And Turn. The entire encounter with police on scene was recorded by a body camera, which was essential to contextualizing what happened at trial. Client also took a breath test, which resulted in a Blood Alcohol Content below the legal limit. After a trial, in which four witnesses testified, a judge found Client “Not Guilty.”
RESULT: Client found “Not Guilty” after trial before a judge; no employment or immigration consequences

December 20, 2022
Leaving the Scene of Personal Injury
Negligent Operation of a Motor Vehicle
Civil Infractions
Client was a hardworking and responsible member of the community with no prior record charged with striking a person with her car and leaving the scene. The case began with a late-night call to Attorney Barabino which immediately led to an early morning consultation. Client retained Attorney Barabino and strategically advised Client to turn herself in to State Police. The case was well-publicized, but thanks to documents provided to Police when Client turned herself in, including her background and history, Police did not take her into custody and merely issued a criminal summons. In only a few weeks’ time, Client settled with complainant a pending insurance claim at her policy’s maximum of $100,000. Client was arraigned and the case proceeded through the court system, where Attorney Barabino continued to negotiate and highlight Client’s good background to the District Attorney’s office. Eventually, Client agreed to a plea where the Negligent Operation charge would be dismissed after a period of probation, the civil citations would be dismissed “Not Responsible” and, although Client would plead guilty to the Leaving the Scene charge, she would not serve any jail time. Given the serious injury caused to the complainant by the car accident, no committed time was a major accomplishment.
RESULT: Negligent Operation to be dismissed after probation; civil infractions dismissed; client avoids committed time after serious car accident

December 8^th 2022
Assault and Battery
Assault w/Dangerous Weapon
A hard working business owner was charged with assault and battery and assault with a dangerous weapon. According to police, the client was trying to get adult son up for school and an incident occurred where the elements of a criminal act occurred. Eventually, father grabbed a stick which is technically determined to be a “dangerous weapon” under the law and chased son down the street. Client wanted what Attorney Barabino wanted which was a full dismissal, without the possible consequences of any trial. If the case went to trial, father had a defense of parental discipline, but if a judge or a jury was not persuaded then the outcome, that would be a felony conviction and the possibility of jail. Attorney Barabino developed background affidavits on each family member to provide to the District Attorney and also organized the discovery provided. The reasonable and understandable district attorney agreed to place the case on trial readiness conference at which time the case was entirely dismissed.
RESULT: Felony Dismissal at Trial Readiness Hearing.

November 10^th 2022
Sexual Conduct for a Fee
A hard working software engineer was caught sting operation by a variety of law enforcement entities. As a result, he was charged with solicitation of a prostitute. This was his second time being in this situation, but the prior charge was dismissed. The sting operation was widely publicized, and the government used all the resources available to prosecute. That included bodycam footage and subpoenas of google accounts of the client. However, Attorney Barabino had a concern that the extraction of the money in his pocket preceded the arrest and as a result that the “search” was not constitutional. As a result, Attorney Barabino provided a legal memorandum and motion for hearing with supporting affidavits. A hearing was scheduled but after discussion with the prosecutors an offer was made for client to enter a 16-hour instruction computer class on the impacts of prostitution. In exchange the matter would be dismissed. Whereas this is the clients second time with this charge, the result was a most favorable one.
RESULT: Case DISMISSED upon the completion of 16-Hour Prostitution Class

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