Recent Cases

August 20^th 2021
Vandalize Property
Client was a very pleasant upstanding professional and no criminal record. She was involved in a dispute in a parking lot and in frustration made a mark in the car of another. That action constitutes vandalism and is a criminal offense. Here, the fortunate client was granted a clerk magistrate hearing which can allow for some charges to be resolved before the person is formally charged. This is a great thing since it ensures that there is truly no record if the case is managed successfully in that hearing. In this case, we worked with the insurance company paying the full amount and obtaining verification. We also provided affidavits of the insurance payment. In addition, we wrote a three page summary of the background of the defendant which demonstrated the full scope of the event within the context of her day to day struggles. In the end, the clerk and officer, and person who car was damaged all agreed to let this matter to be dismissed and closed.
RESULT: DISMISSED Prior to Arraignment at Magistrate Hearing

August 17^th 2021
Assault and Battery
Larceny over $1200
Destruction of Property over $1200
Disturbing the Peace
Client was a very pleasant upstanding professional. No criminal record and her only history was one of decency and responsibility. However, a convergence of life events left her in an agitated state where she did things that are simply outside her otherwise responsible self. According to police, on one occasion she got angry at her husband who went to his ex-wife home and she took some tools from his truck, did some physical damage to the vehicle caused a disturbance in the neighborhood by her actions. Then weeks later she called police on her husband, and he was arrested and a few hours after his arrest she was arrested for assaulting her adult son. The district Attorney wanted to put her in mandatory jail for getting arrested while out on bail. That request was denied, and she was never placed in custody. The case concluded with a plea agreement for a continuation without a finding which mean that the cases will all be dismissed after one year. She must abstain from alcohol with testing for 6 months as well. Lastly, she must continue with the therapy. A rough patch for this otherwise decent classy and kind family.
RESULT: Larceny and Disturbing Peace DISMISSED; remaining charges DISMISSED upon completion of probationary term.

July 20^th 2021
Harassment Order
Client(s) were a very pleasant family who had ongoing difficulties with a neighbor. That neighbor filed a harassment order against both the husband and wife. They retained Attorney Barabino began preparation for the hearing which was scheduled within days-per statute. After a detailed interview and document review, Attorney Barabino sought to file a cross-petition of harassment against the other party. That involved drafting two nearly 5-page affidavits alleging harassment against the other party. In addition, client prepared for the hearing by reviewing testimony and securing witnesses. At the day of the hearing, the Attorney Barabino and the other sides attorney continued to talk, discuss, and negotiate. Within minutes of the hearing beginning an agreement was made for both parties to dismiss their claims.
RESULT: Harassment Order DISMISSED

July 15^th 2021
Operating Under the Influence 1^st Offense
Negligent Operation of a Motor Vehicle
Client was a super pleasant and patient person from a great family. According to Police, he ran a red light, had thick tongued speech, red glassy eyes and smelled of alcohol. Additionally, he failed the sobriety test and didn’t conform to specific instructions. He was arrested and charged with OUI and Negligent Operation. Eventually, he and Attorney Barabino decided on a trial. They prepared spending time at the arrest scene and interviewing witnesses. Eventually, the trial date was set. However, due to a number of variables, the trial was continued nearly four times. Client stayed positive and patient. Eventually, the trial was held and a verdict of both charges of Not Guilty ended this upsetting chapter in his otherwise law-abiding life.
RESULT: Both Charges ACQUITTED After Trial

June 16^th 2021
Leaving the Scene of Property Damage (2 Counts)
Client was a very pleasant young man who was on his way to a profession as a firefighter. However, he had one legitimate concern which was this case. Here, he drove into two separate vehicles damaging them both, significantly and left the scene. That action is a criminal offense of leaving the scene of property damage. In this case, two counts, since he struck two separate vehicles. Client consulted with Attorney Barabino months before being retained and was explained the importance of sending in the notice of hearing to the court within four days. That action would give him a magistrate hearing, which is often called a probable cause hearing or show cause hearing. The client did that and eventually was granted the show cause hearing. The importance of obtaining the show cause hearing can never be understated since if successful, the matter will never appear on a criminal record and employers and other interested parties will never have knowledge of the past behavior. Here, we prepared for the hearing in hopes that the case would not go forward at the hearing. We coordinated with the insurance companies, obtained the police reports, developed a map of the limited travel of the defendant that evening, and drafted a legal memorandum on the how someone can only be charged with one leaving the scene, not multiple counts. The Clerk Magistrate listening to all the parties, and after an extended hearing, agreed to NOT go forward with the charges, as long as everyone was paid back in full.
RESULT: Leaving the Scene never Appear on Any Criminal Record

June 16^th 2021
Negligent Operation of Motor Vehicle
Failure to Stop for Police
6 Separate Civil Violations
Client was a very pleasant young father who appeared to police to be engaging in suspicious illegal conduct. As a result, the State Police pulled the client over. When the police pulled the client over, he complied with the request. However, the stop was taking an extended period. The Police officer was unaware that client was recovering for four separate bullet wounds from just several weeks prior. As a result, the emotional state of the client was not clear and the event was particularly distressing. This stop was very distressing to the client and eventually he panicked and drove away. A warrant was issued for his arrest and he contacted Attorney Barabino. Client took the charges very serious and that was reflected in the particular preparation he and Attorney Barabino took in preparing to remove the warrant and get formally charged. Extensive interview and preparation. Moreover, it appeared to Attorney Barabino that the act of fleeing police was related to PTSD which resulted in getting the client admitted into therapy. In the end, we removed the warrant with ease and eventually negotiated a disposition where the client’s charges will be dismissed with no probation or admission of guilt if he takes a driver safety course and continues with therapy for 6 months. In addition, the client was charged with 6 separate civil violations which were all deemed NOT RESPONSIBLE.
RESULT: Negligent Operation Take Right Turn.

June 15^th 2021
Operating under the Influence of Alcohol 1^st Offense
Client was all around pleasant guy who was charged with OUI/DWI. Attorney Barabino was contacted after the Defendant had been arrested and brought to the local courthouse. According to the police report, client was in his motor vehicle having struck a large rock. They said his speech was slurred, his eyes bloodshot. He apparently handed the officer his facemask instead of his license. There was a cumulation of facts which developed into probable cause for arrest and that could ultimately present a challenging, but triable case for a judge or a jury beyond a reasonable doubt. However, this case was different. In this case, the client qualified for the BRAVE ACT. The Brave act allows veterans experiencing the effects of conflict resulting in criminal offenses to enter treatment in exchange for the matter being dismissed. It is a win-win for public and for the client. He entered treatment with the Veterans Administration and continued with that treatment. Today, in court, the Attorney Barabino moved to Dismiss the Charge and that motion was, ALLOWED. Case Dismissed. July 14th 2021 UPDATE: Motion to Expunge the clients record was, ALLOWED after a hearing.
RESULT: BRAVE ACT Ensures DISMISSAL of the CHARGE.

June 14^th 2021
Assault and Battery (Domestic)
Client was responsible pleasant married client who was accused of Domestic Assault and Battery against his wife. He was arrested and charged and released after his initial arraignment. He immediately consulted with and retained Attorney Barabino. We immediately got to work beginning with a detailed life history of the client. Everything in his life—ever. We then memorialized that information into a substantial background memorandum to the District Attorney. We also enrolled him in an online anger management course. We also spoke at length with his wife who was the person identified on the criminal complaint as the victim. We had many conversations with his very pleasant wife, who despite being aware that a divorce was imminent, agreed to acknowledge her support in writing for the disposition received. Now this professional can move forward without the drastic and inevitable consequences of a conviction (or admission) or domestic violence. The consequences of a conviction can be felt for a lifetime and affect fat more than employment. Fortunately, no conviction or admission occurred here, and the client maintains the presumption of innocence. The matter will for formally dismissed in 180 days and client doesn’t have to return to court. The only condition is attending a substance abuse evaluation.
RESULT: Domestic Violence Charge Generally Continued with ZERO admission of wrongdoing.