Recent Cases

March 27^th 2019
False Bomb Threat
According to the police report, client/student was surfing the internet when she impulsively indicated she would act in a violent way toward a school via Instagram. The evidence against the defendant was strong and well-documented. The threat was direct and obvious—but the actual intent was lacking. An apparent act of immaturity and bad judgement that could affect her for the rest of her life, if formally charged and certainly if convicted. Fortunately, Attorney Barabino and the family worked with the District Attorney’s office to enter a diversionary program which would divert her from ever entering the criminal justice system. No record and no evidence of the felony accusation. With an agreement was drafted which included an apology, therapy and additional conditions.
RESULT: Application for Complaint, NEVER FILED, CASE TO BE DISMISSED with DIVERSION.

March 7^th 2019
Annoying Telephone Calls/Electronic Communication
Annoying Telephone Calls/Electronic Communication
A hard working state-employee, now retiree, became has concerns about his various process and procedures with the Commonwealth. As a result, he made a lot of unwanted calls, text and social media post. Client was charged with annoying phone calls, 2 counts. The acts were prosecuted by the Attorney General Cyber Crime Division. The Commonwealth provided ample discovery and evidence prior to trial. That evidence included over 700 hundred numbers exhibits which were supported in electronic and print format. The evidence was strong. Attorney Barabino and client tendered a plea—but when we didn’t get what we were seeking, they withdrew the plea and opted for a trial. At trial they once again, tendered a plea and received what was an acceptable disposition.
RESULT: 2^ndTender of Plea, Half Probation Period and less Conditions.

March 6^th 2019
Leave Scene of Property Damage
Client was a young doctor that made light contact with another car and did not stop as directed under the law. She was summons to court and Attorney Barabino was able to ensure that it was clerk-magistrate hearing and not a summons for arraignment. A summons for an arraignment would be an automatic mark on her unblemished record. At that hearing clerk magistrate hearing, all the issues were investigated and assurance that the other party was compensated. As a result, the court agreed to DISMISS the application for complaint.
RESULT: Application for Criminal Complaint, DISMISSED

February 15^th 2019
Larceny from a Building
Client was a young man who had had sporadic involvement with the law, but no prior convictions. He also was beginning to dabble in illicit drug use. According to police, while employed at a coffeeshop he aided and abetted another individual to steal several hundred dollars from his place of employment. The police used videotape, statements of employees and the defendant statements as well. On the day of trial, a discussion took place and an agreement that would REDUCE the charge for a FELONY to a MISDEMEANOR and place the defendant on probation for a year. Also, the charge would be a continued without a finding which mean it can be dismissed if client complies with probation agreement. The probation agreement was tailored so he will be drug-screened for a period of 12 months-but if he is clean for the first three months he does not have to engage in further screens. Lastly, he is required to pay the out of pocket money stolen from the donut shop.
RESULT: AGREEMENT to REDUCE the FELONY to a MISDEMEANOR and a DISMISSAL will follow, if completes the term of one-year probation.

February 5^th 2019
Threats to Commit a Crime
A wonderful, young married couple were going through a rough patch and one spouse made an allegation of murdering of the other. Police were notified and a report was appropriately taken and charges for a clerk-magistrate hearing filed. At the hearing, Attorney Barabino brought in the all the facts of the regretful statement made, and how this was an isolated situation and lastly how the couple sought therapy after the incident. In the end, and based on all the circumstances and facts, a decision was made NOT to issue the complaint. NO CRIMINAL CHARGES EVER appear on the RECORD.
RESULT: Application for Criminal Complaint, DISMISSED.

January 25^th 2019
Resisting Arrest
Failure to Stop for Police
Negligent Operation of a Motor Vehicle
Hardworking single father of two young children was arrested for Resisting Arrest, Failure to Stop for Police and Negligent Operation of a Motor Vehicle. According to police, client was wanted for assault and battery and to serve a restraining order. Police allege that he was intentionally avoiding police. When in fact he was on the phone with his lawyer (different lawyer) and simply taking his kids to soccer practice. As he left for soccer practice the police flipped on the sirens and pulled him over. They all drew their guns on the children and client. Eventually, they pushed client to the ground and fractured his elbow. All while his kids watched from the vehicle. Upon review, there was no actual warrant for his arrest. After various stages of litigation, an agreement was crafted where the Commonwealth would freeze the case in the position it was, and, if nothing else occurs (such as another arrest) , in 5 months time, the case will simply be dismissed with NO admission of wrongdoing. CHARGES ALL DISMISSED.
RESULT: All CHARGES DISMISSED, with NO admission of Wrongdoing

January 10^th 2018
SECOND OFFENSE OUI- Liquor or .08%
Client was a hard-working, former U.S. Army Officer and war veteran was charged with operating under the influence of alcohol, 2^nd offense. According to police, he was operating his vehicle when he lightly struck another vehicle. He was mumbling and disheveled and intoxicated to the point where he was unable to speak coherently and maintain basic balance. Despite the egregious allegations, he did have some defenses. However, despite those defenses, he simply wanted to bring the case to conclusion as quickly as possible, which Attorney Barabino did. The law provides a minimum mandatory disposition for people charged with a second offense charge within ten years of the first charge. As a result of client’s background, Attorney Barabino was able 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.
RESULT: 2nd OFFENSE OUI, Standard 2^ndOffense Statutory Disposition

January 2^nd 2019
Larceny by Check Chapter
Client was a very pleasant hard-working bank professional who (unknown to her) had outstanding warrants from 1989 for bounced checks. She was arrested by police and per policy they had to take her into custody. Attorney Barabino and client were able to get her released and given recognizance forms to clear up the warrants in the courts where they originated from. Attorney Barabino and client were able to go to both courts in the same day and negotiate dismissal(s) on all charges upon the money owed. CASES DISMISSED.
RESULT: Both Warrants RECALLED; Both Cases DISMISSED upon Restitution.