Recent Cases

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.

November 4^th 2019
Reckless Operation of a Motor Vehicle
Client was a hard-working young man with no criminal record. He was charged by State Police for Reckless operation of a motor vehicle. According to the police report, client and accuser were involved in a road rage like incident. Beginning with words, then actions and eventually vehicle damage. State Police astutely charged not just our client, but the other party as well. This allowed for both parties to assert their 5^th amendment right to incrimination not to testify. And when a seasoned prosecutor reviewed the facts at the day of trial, and based on, in part by the two parties having 5^th amendment assertions, he agreed to dismiss the charges.
RESULT: Case, DISMISSED at TRIAL

October 31^st 2019
1^st Offense OUI- Liquor or .08%
Negligent Operation of a Motor Vehicle
Speeding
Marked Lanes Violation
Client was a hard-working established business owner. He drank more than expected while at the Encore Casino. He was pulled over. He was charged with OUI and related offenses. The government had a strong case client simply wanted to fix his problem as soon as possible with minimal intrusion in his life and daily routine. He reached out to Attorney Barabino. Attorney Barabino made an appointment with client. Attorney Barabino got his police report from court prior to initial meeting. They decided a plea was the way to go. After an agreement was made to make a deal, Attorney Barabino went into the court the next business day with a motion to change the court date and negotiate the case. He changed the date so client would not have to suffer an additional p[period of time without license loss. Moreover, when Attorney Barabino negoitated the case he was able to get all the other charges dismissed. And a plea for the OUI, which was the most lenient under the law.
RESULT: 1^st OFFENSE OUI, Motion to Continue Allowed, OUI Continued Without a Finding, All Other Charges, DISMISSED and NOT RESPONSIBLE.

October 23^rd 2019
SECOND OFFENSE OUI- Liquor or .08%
Unlicensed Operation of a Motor Vehicle
Client was a hard-working musician who was charged with OUI, for the 2^nd time. Moreover, he was charged within ten years of each other which makes him ineligible for an otherwise very favorable disposition. According to police, he negligently drove into a parked car. And what made this case unique was the police observed him firsthand, whereas normally, they respond to the scene of the accident, on this occasion they witnessed it. Client was polite and agreed to take sobriety test, which he failed. He also agreed to a breathalyzer test which he failed. He simply wanted to deal to resolve everything and simply wanted to take responsibility. The District Attorney took everything into consideration, including his background and lack of serious criminal history and agreed to have him not go to jail, nor have any conditions of probation such as a SCRAM device or random drugs screens. The result was to go to negotiate the minimum of a sixty-day house of correction sentence, suspended for a two-year period. Client will also be required to attend a mandatory two-week impatient program, with aftercare.
RESULT: 2nd OFFENSE OUI, Standard 2^nd Offense Statutory Disposition, Unlicensed Operation NOT RESPONSIBLE.

October 22^nd 2019
Malicious Destruction of Property
Malicious Destruction of Property
Client was a young teenage woman that had been charged for two counts of Malicious Destruction of Property. According to police this had been a pattern of harassment. The young woman was charged along with several other individuals. Eventually, after a motion to dismiss was filed and unsuccessful and a motion to sever the party’s case was filed and unsuccessful. Eventually, a trial was set. At trial, the Commonwealth presented an outstanding sequence of the evidence. The Commonwealth artfully tied in all the circumstantial evidence and wove it with many credible witnesses. However, in the end, a judgement of Not Guilty for both charges were the result.
RESULT: Both Charges, NOT GUILTY after JURY TRIAL