Recent Cases

December 8, 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 his 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 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, 2022
Sexual Conduct for a Fee
A hard-working software engineer was caught in a 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 client’s 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, 2022
Clerk Magistrate Hearing
Leaving the Scene of Property Damage
Client was a most impressive young woman balancing a variety of life’s tasks. She was a full-time employee, mother of three and a student, among other important obligations. She also had no prior criminal record. Here, she was doing her daytime tasks 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: Successful Magistrate Hearing, Leaving the Scene.

November 8, 2022
Clerk Magistrate Hearing
Assault with a Dangerous Weapon
Client was a very pleasant hard-working store owner. While working at his convenience 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, if issued, had the potential to have massive life-altering 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 to. 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, 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 the civil violations. The civil violations, if found responsible would likely result in a license suspension from the registry, besides 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 of Alcohol 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 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 strangulation 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 negotiations 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