Recent Cases

May 16, 2025
Self-Defense; Pretrial Probation
A retired commercial driver was pulled into legal trouble after stepping in to protect his mother during a volatile situation at her home. The dispute broke out involving the mother’s roommate, who, by all accounts, initiated the physical confrontation. Police arrested the roommate at the scene, but Client was later summoned to a clerk-magistrate hearing. At that hearing, Client appeared without counsel, and the charge was issued. Attorney Barabino then entered the case and filed a motion for judicial diversion. After reviewing the facts and considering the broader context, including the client’s otherwise clean record, his role in protecting his mother, and the circumstances of the incident, the court granted six months of pretrial probation. The only condition was compliance with an existing restraining order. The case was dismissed after 180 days. The client admitted no wrongdoing and retained the full presumption of innocence.
RESULT: Pretrial Probation; Case Dismissed in 6 Months.

Violation of Restraining Order
May 2025
Restraining Order; Jurisdictional and Technical Challenges
A single mother working hard to support her child faced a new allegation of violating a restraining order, threatening her stability and future. Although she had a prior restraining order and one past violation on record, she had moved forward with her life, remained law-abiding, and had worked hard to rebuild stability for herself and her child. In this case, the stakes were significantly higher. A second violation could have disrupted parental custody of her young daughter, employment, and housing. Working quickly, Attorney Barabino gathered detailed background on Client’s history, the nature of the past relationship with the complainant, and the complex circumstances surrounding the current allegation. He also raised substantial jurisdictional and technical concerns that cast doubt on the foundation of the charge. After a thorough review, the Commonwealth opted not to issue the charge. The matter was closed, and Client avoided facing a second violation entirely.
RESULT: No Complaint Issued; No Charge Filed.

May 8, 2025
Improper Firearm Storage; High-Capacity Weapon
Client, an enthusiastic and respectful young man, was charged with improper storage of a firearm. He was a licensed gun owner and cooperative throughout the process. Police executed a search warrant at the home for another individual facing serious charges. Although that person was found on-site, officers also encountered Client and discovered several unsecured firearms: a shotgun behind the couch, a pistol in a kitchen cabinet, and an assault rifle in the bedroom. Client acknowledged the oversight and took full responsibility for the improper storage. Although initially charged with improper storage of a high-capacity weapon, the case was reduced to a misdemeanor. The Commonwealth requested a guilty finding with probation. However, Attorney Barabino advocated for a Continuance Without a Finding coupled with probation. The judge agreed, noting the client’s completion of a remedial firearm safety course, a step even the Commonwealth recognized as a sincere act of accountability.
RESULT: CWOF Granted; Case Dismissed After One Year of Probation.

May 7, 2025
FBI Investigation
Grand Jury Summons
Client, a reputable professional operating a well-regarded business, was surprised to receive an unexpected call from the FBI requesting a meeting. Believing he had done nothing wrong, he agreed to speak with agents and met with them without legal counsel. The agents stated they were simply seeking information. After the meeting, Client contacted Attorney Barabino for guidance. Attorney Barabino immediately engaged with the investigating agent, reviewed the relevant grand jury subpoena, and carefully examined the documentation outlining the scope of the FBI’s inquiry. Although the investigation did not allege any wrongdoing by Client, the government was seeking a particular piece of information tied to a broader, unrelated criminal matter. Attorney Barabino organized and submitted all relevant materials to the U.S. Attorney’s Office. After review, federal prosecutors confirmed that Client would not be required to testify before the grand jury. The investigation was formally closed.
RESULT: FBI Investigation Closed; No Testimony or Charges.

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.

May 1, 2025
Uninsured Motor Vehicle
Registration Suspended
Client a particularly accomplished educator who a couple years back had had a misunderstanding with registering a new vehicle. The misunderstanding was determined when he was pulled over a routine traffic violation. He was given a criminal citation for unregistered motor vehicle and uninsured motor vehicle and simply never addressed them for a variety of personal reasons. As a result, a warrant was issued for his arrest. The warrant remained outstanding for years and he wanted to address them with the aide and support of a criminal defense attorney. He along with Attorney Barabino developed an affidavit detailing his impressive background and circumstances and went to court to remove the warrant, and on the same day resolved the outstanding charges, with an agreement with the District Attorney to simply dismiss them prior to the arraignment.
RESULT: Warrant Removed, Charges Dismissed with a Pre-Arraignment Result.

April 17, 2025
Operating Under the Influence of Alcohol (1st Offense),
Possession of Open Container,
Negligent Operation of a Motor Vehicle
Client was a positive, and enthusiastic young man charged with Operating Under the Influence, Possession of an Open Container, and Negligent Operation of a Motor Vehicle. He had been driving home after a casual get-together with friends when he passed by police officers who were responding to an unrelated car accident. Although driving at an appropriate speed, officers observed that Client was traveling the wrong way down a one-way street. The vehicle was visibly damaged, and the client was soaked in blood. Police made a polite inquiry, and Client was surprised to learn he had entered a one-way. Officers, concerned for his well-being, spoke further with Client and determined that although he felt he was okay to drive, his condition clearly demonstrated he was not in a state to safely operate a vehicle. He was cited and the case proceeded through the court system. After consultation with Client and the District Attorney, Attorney Barabino successfully negotiated dismissal of both the alcohol-related open container charge and the negligent operation charge. These dismissals were particularly important to the client, as they avoided a mandatory $500 fine and license surcharge. As to the OUI charge, Attorney Barabino ensured that client received the lightest sentence permitted by law, an outcome that will result in dismissal of the charge after one year upon successful completion of standard probationary conditions.
RESULT: First Offense OUI resolved; Collateral issues resolved.

April 1, 2025
Assault and Battery (Domestic)
Young man going through some struggles at home was charged with Domestic Assault and Battery on his mother. Mother called police during an argument that led to a brief struggle. No parties were injured but when police arrived they saw what a chargeable offense and issued a notice to appear for a magistrate hearing—which they did at their discretion. In short, they did not handcuff the client but sent him a letter to appear. The magistrate hearing permits a per- charging opportunity to challenge probable cause for the criminal offense. Which is a great tool, since if successful it does not appear on the persons record. Even if the court finds probable cause they may decline to issue the complaint in the interest if justice. Here, the court, reviewing everything and taking in consideration everything provided, determined that it was in the interest of justice not to have the case be formally charged.
RESULT: Police & Magistrate Agree to Not Formally Charge Client.