Recent Cases

December 30, 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 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 began 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, 2019
Possession of Cocaine
Client was a hard-working contractor. According to Police, he 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 appear 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 will be 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, 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 to 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 whereby 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 he 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, 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 legal 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, 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 allegations 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 offered evidence that was contrary. Ultimately, after the hearing, the clerk indicated that given the totality of the facts, the complaint will NOT ISSUE. Client keeps a spotless record.
Result: Clerk Magistrate DOES NOT ISSUE Complaint.

December 5, 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 there were no severe injuries, the crash was certainly highly concerning to the court and police. The goal was to fashion a plea deal that would not 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, 2019
Operating on a Suspended License
Failure to Signal
Client was a very pleasant hardworking father of four who was charged with driving on 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 suspended license and expected a trial would be the only way to vindication—but when the district attorney offered to simply dismiss on $150.00 court cost and not responsible finding on the civil violation that was a welcome result and accepted.
Result: DISMISSED on $150.00 Court Cost and Not Responsible on Civil Violation.

November 25, 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 inexplicably 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 plead 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 her 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 detoxification 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 without a finding and remitted fines and fees. Immigration rights and anticipated citizenship are preserved.
Result: OUI Continued without a Finding and All Other Charges DISMISSED.