Recent Cases

August 6, 2020
Second Offense OUI
Client was a hardworking father who was operating at three times the legal speed limit. As someone who had done jail time before and struggled with substance abuse, his goal was to simply stay out of jail. Attorney Barabino negotiated a plea that exceeded his expectations. Client was given a 1^st offense disposition for the 2^nd Offense OUI. The Negligent Operation Charge was dismissed. The Open Container Civil Infraction was "not responsible", and the Marked Lanes Civil Infraction was "not responsible". The importance of getting the additional civil infractions dismissed cannot be overstated. Additional civil infractions, if not dismissed, can result in surcharges on licenses that not only cost money but can result in a subsequent license suspension. In this case, those were dismissed in addition to getting the 1^st offense disposition on the OUI.
Result: Court Treats Second Offense OUI as First, All Other Charges and Infractions Dismissed.

July 17, 2020
Second Offense OUI
Client was a hardworking business professional charged with second offense OUI. According to police, he was heavily intoxicated, showing all the signs and symptoms of someone who had been drinking heavily and excessively. Client consulted with Attorney Barabino over options of going to trial or entering into a plea agreement. Attorney Barabino then wrote a detailed disposition memorandum with exhibits, including background history, and presented it to the assistant district attorney for review. Attorney Barabino was able to negotiate a Cahill Disposition, which means that the court would treat client’s offense as a first instead of a second. He was even able to get a Continuation Without a Finding (CWOF), allowing client’s second offense charge to be dismissed as long as he complies with a one-year term of probation.
Result: Court Treats Second Offense OUI as First, Dismissed After One Year

June 9, 2020
OUI Alcohol
Negligent Operation of a Motor Vehicle
Client was a former gynecologist charged with an OUI and Negligent Operation of a Motor Vehicle. According to police, he was driving highly intoxicated and crossed his car over the yellow line hitting another car head-on, significantly injuring the vehicle’s occupants. After months of negotiations with the district attorney, an agreement was reached where client would go on probation for two years with an alcohol treatment program and no jail time. The victim of the incident was particularly decent and forgiving given her injuries that resulted from the accident. Because client’s blood alcohol content was especially high, he would also be required to enter a 24Q evaluation and additionally accept a 90-day loss of license.
Result: No Jail Time for Serious OUI Charge with Injuries.

June 8, 2020
Assault and Battery
Client was a young student with no criminal record accused of assaulting and battering another person. The victim had injuries sufficient enough to require medical attention. The district attorney initially declined a plan for diversion, but Attorney Barabino and client established a plan to advocate for judicial diversion by thoroughly presenting client's background and history to the court. In the end, the district attorney and the court accepted the plan. Client enrolled in anger management, saw a psychiatrist, went to therapy, and paid restitution in exchange for the case being dismissed after a period of time. Because the case was dismissed prior to arraignment, client will have no criminal record of the event impacting future education and/or employment opportunities.
Result: Case Dismissed Pre-Arraignment, No Criminal Record

March 13, 2020
Sex Crimes
Client was a hard-working scientist from Italy who was accused by police of inappropriately touching someone. Attorney Barabino met with client for an interview and wrote a lengthy background memorandum on his life. Client and Attorney Barabino went to court prepared and presented a range of facts, evidence, and arguments in support of client’s case. In the end, the court and district attorney agreed to continue the case without a finding. This means that the case will be dismissed as long as client adheres to probation conditions. In the end, no guilty conviction and no required sex offender registration.
Result: Case Dismissed After a Period of Time, No Guilty Conviction, No Sex Offender Registration

March 12, 2020
Domestic Violence
Client is a hardworking, married father in an otherwise healthy relationship with his wife. His wife is also hardworking and very pleasant. According to police, there was an occasion where the wife made an accusation that client struck her with a pillow. Wife called police, even though her intent was only to admonish him and not have him arrested. However, client was arrested and charged with a criminal offense. The couple soon after retained Attorney Barabino. Attorney Barabino gave them a detailed explanation of the criminal procedure involved and explained to them how every police department has its own arrest policy. Client and Attorney Barabino went to trial with the expectation that the case could be resolved then on marital privilege. On the day of trial this happened, and the case was ultimately dismissed.
Result: Case resolved with NO RECORD.

March 11, 2020
Clerk Magistrate Hearing
Possession of/Forging of a False Identification or License
Client was a young, conscientious public safety official who simply made a mistake. He illegally attached a license plate to his car. At the time, he was down on his luck and did not have any money. Attorney Barabino prepared vigorously with client, presenting evidence to the clerk that he had a valid license and did not know he did anything wrong. Attorney Barabino also presented a supplementary background memorandum on client’s hardworking, exemplary life. In the end, the clerk magistrate denied the application for a criminal complaint. Client has no record of the incident.
Result: Application for Criminal Complaint Does Not Issue, No Criminal Record

March 3, 2020
Harassment Prevention Order
Clients were very pleasant, hard-working young ladies with no criminal records. Clients had a dispute with a former friend, and that friend alleged facts that were simply not true in the complaint. According to accuser, clients were harassing her. Accuser presented some evidence, but it was not reliable and not enough for a harassment order to issue. Attorney Barabino took the case on, meeting for several hours with clients to plan an approach and prepare witnesses. In court, several witnesses were called to discredit the testimony of the accuser. Attorney Barabino prepared a cross harassment order alleging that it was in fact the accuser who was the perpetrator of harassing actions. At the hearing, the judge listened to all the evidence and testimony and found that the accuser’s allegations did not rise to a sufficient level meriting issue of a harassment order. Accuser’s complaint was dismissed and her harassment order application denied.
Result: Complaint Dismissed, Harassment Prevention Order Does Not Issue