Recent Cases

January 8th 2020
Motion to Seal
Client was a well-established professional who had a previous assault and battery charge filed against her. The charge was ultimately dismissed. She soon decided that she would like to have no record of the event since it could affect her job prospects. So, Attorney Barabino sat down with client and family and drafted lengthy affidavits in support of the sealing petition. Included within the petition were attachments and photographs. At the hearing, the judge took everything under consideration, and despite the opposition from the Commonwealth, allowed the motion to seal.
RESULT: Motion to Seal, ALLOWED

December 30^th 2019
Possession of a False/Stolen Identification
Illegal Tinted Windows
Suspended License
Client was a hard-working father, husband and employee. With no criminal record or history. According to Police, client was operating unlicensed and with illegally tinted windows. That resulted in him being pulled over and when he was pulled over, he handed them a license. That license became the basis of the allegation for false identification charge. That charge is a felony of a moral turpitude, which if admitted as true, could result in the refusal to remain in the United States given his immigration status. Attorney Barabino quickly became developing a plan which included a significant background memorandum. In addition, significant research into the charge laid a path for a nearly eleven-page motion to dismiss. When all this information was brought to the attention of the District Attorney, an agreement for a dismissal on ALL charges for five hundred dollars was struck. Case Dismissed.
RESULT: False License Charge is Dismissed

December 20^th 2019
Possession of Cocaine
Client was a hard-working contractor. According to Police, was seen purchasing cocaine from someone and was pulled over by police. When he was pulled over, he freely and politely admitted that he had purchased cocaine. Police gave him a summons to appears in court and before he had to appear Attorney Barabino got him tested for drugs and obtained a clean drug screen. When they both appeared in court, Attorney Barabino was able to negotiate a deal whereby the court would extend his arraignment for 3 months and during that time if client is tested and clean, he will never be arraigned and the case dismissed, BEFORE the arraignment. That day has come, and the case was DISMISSED prior to arraignment. There is no trace of the charges in any court record.
RESULT: District Attorney Agrees to PRE-ARRAIGNMENT Drug Testing and Case is DISMISSED.

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.