Recent Cases

December 17^th 2019
Domestic Assault and Battery
Client was a hard-working government professional. According to police he assaulted and battered his child’s mother. Police came and arrested him at his home and brought him to court, where the court entered a stay-away order while the case was pending. Attorney Barabino was retained and quickly went to court to motion the court remove the stay-away provision which they did. A disposition memorandum was provided to the District Attorney and after several months a final agreement was reached whereas the commonwealth would freeze the prosecution where it was at in agreement for client to 1) not abuse spouse 2) comply with Department of Children and Family (DCF) 3) and finally get screened for abuse of alcohol and aftercare if necessary. If completes that process successfully over the next year, the case simply dismisses itself, no return to court necessary. And no admission of wrongdoing or guilt.
RESULT: District Attorney Agrees to Pre-Trial Probation, Retains the Presumption of Innocence.

December 16^th 2019
OUI 2^nd Offense
Uninsured Motor Vehicle
Unregistered Motor Vehicle
Speeding
Client was a hard-working single guy. According to Police, he was driving his vehicle in an unsafe manner as well as speeding. When they pulled him over, they determined that he had an expired insurance and registration. He failed his sobriety test and the red eyes and slurred speech meant he was going to get arrested and did. He agreed to a breathalyzer and registered nearly 3x the normal limit. An agreement was reached whereby client would not go to jail, nor would he have any sobrietor machine, GPS tracker or alcohol screens. The agreement was for client to enter and complete the mandatory 2-week program and aftercare and pay fines and fees required by law. Finally, as a condition of the plea, the remaining three charges will be dismissed.
RESULT: No Special Conditions such as GPS, Sobrietor Machine or Drug Screens. All other Charges DISMISSED.

December 10^th 2019
Violation of a Restraining Order
Clerk Magistrate Hearing
Client was a hard-working single mother of four (4) children. In this case, she was charged with violating a harassment order against a former friend who made salacious allegation including threats which would clearly be a violation of the order. Fortunately, a clerk magistrate hearing was held where Attorney Barabino and client were prepared, and did offer evidence that was contrary. Ideally, after the hearing, the clerk indicated that given the totality of the facts, the complaint will NOT ISSUE. Client keep spotless record.
RESULT: Clerk Magistrate DOES NOT ISSUE Complaint.

December 5^th 2019
Negligent Operation
Speeding
Failure to Signal
Client was a young electrician who was driving his car, lost control of the vehicle and collided with another vehicle, resulting in the other vehicle flipping over. Although no severe injuries the crash was certainly highly concerning to the court and police. The goal was to fashion a plea deal that would no directly affect his ability to drive to his employment. After discussion and negotiation with the District Attorney an agreement was struck whereby client would admit to sufficient facts, which would preserve his criminal record. Moreover, after that agreement was reached a further agreement was reached where the remaining civil infractions would be entered as a Not Responsible.
RESULT: Administrative Probation for One-Year, and all Civil Charges Not Responsible.

December 5^th 2019
Operating on a Suspended License
Failure to Signal
Client was a very pleasant hardworking father of four who was charged with driving a suspended license. According to police, he failed to signal and when he was pulled over his license was suspended. We disputed the technical issue of a license suspended and expected a trial would be the only way to vindication—but when the district attorney offered to simply dismissed on $150.00 court cost and not responsible finding on the civil violation that was a welcomed result and accepted.
RESULT: DISMISSED on $150.00 Court Cost and Not Responsible on Civil Violation.

November 25^th 2019
Operating Under the Influence
Leaving the Scene of Property Damage
Failure to Stop for a Police Officer
Client was a very pleasant young woman who was charged with OUI, Leaving the Scene of Property Damage and Failure to Stop for Police. According to Police, she was driving home after having a few drinks and inexplicitly crashed into another car. She was then approached by Police. Eventually, she got into her car and attempted to leave the scene despite commands by police to stop. When she left she struck another car. She was taken to the hospital and consented to a draw of her blood for evaluation. After the consultation it was clear the client wanted to plea the matter out. However, this case had a few more obstacles. First, she has a blood-draw of when she was taken to the hospital. Normally, blood draw is fairly rare, and this was no exception. Given the accuracy of a blood-draw we had to ensure that she blood alcohol content was over the legal limit and that the necessary form and releases were followed. That process took some months. Additionally, the police department issued an immediate threat hold on her license, so she was unable to operate a motor vehicle pending that outcome of the case. And finally, although she is a legal resident, she was not a citizen, so we had to consult with her immigration attorney. After negotiation with the District Attorney, they agreed to Dismiss the Leaving the Scene Charge and Failure to Stop for Police. But wanted an in-patient two-week detoxication program, alcohol screens and one-year loss of license. Another District Attorney stepped in and withdrew many of the conditions when the plea was being entered and finally, and most importantly, the judge gave her a continuation with a finding and manumit fines and fees. Immigrations rights and anticipated citizenship is persevered.
RESULT: OUI Continued without a Finding and All Other Charges DISMISSED.

November 21^st, 2019
Masked Armed Robbery
Assault and Battery with a Dangerous Weapon
Witness Intimidation
Client was involved with a group of girls who had a long history with another group of girls. Those interactions turned to multiple criminal allegations. (October 22^nd, 2019 Not Guilty verdict| Recent Cases Section). In this allegation, the district attorney successfully indicted the young adults which would have the potential penalty of a life sentence. The evidence presented from the Commonwealth included a video of client and co-conspirators placing on mask and a hoodie and then proceeding into a bathroom where the target was. And then leaving. After all the witnesses testified and all the evidence was presented, the attentive jury came back and an acquittal on all the adult sentences, specifically masked armed robbery and Assault and Battery with a Dangerous Weapon. The result was guilty on simply assault and battery and witness intimidation charge. Acquitted of all adult charges which was the hopeful outcome.
RESULT: NOT- GUILTY Masked Armed Robbery & Assault & Battery w/Dangerous Weapon.

November 8^th 2019
Negligent Operation of a Motor Vehicle
Operating under the Influence of Alcohol (OUI)
Marked Lanes Violation
Speeding
Failure to wear a Seat Belt
Client was a hard-working CDL Driver and young single father. He was charged with OUI, negligent operation of a motor vehicle and related civil infractions. If client admitted to sufficient facts, or was found guilty of the charge of OUI, he would have a lifetime ban of his CDL license. Mandatory Lifetime Ban. No CDL Driver’s License, no career. No career, no money. Client was patient and content to with what would very possibly be his fate given the facts of the case. Attorney Barabino filed a number of motions seeking evidence and that consumed several court dates. Eventually, it was time to file a motion to suppress evidence challenging the constitutionality of the stop. After more than one court date to hear this motion the court ruled that there would be no further continuances. When the date came to challenge the evidence, the trooper was unavailable and Attorney Barabino motion for the entire case to be Dismissed.
RESULT: Motion to Suppress Evidence, ALLOWED, Case DISMISSED.