Recent Cases

September 7^th 2018
Operating Under the Influence of Drugs
Possession of Class E Drugs
Possession of Class B Drugs
Client, a truck driver by profession and a father of two, was charged with the above three drug-related criminal offenses. According to police and several witnesses, client was found in a parking lot one evening clearly under the influence of some unknown drug. Attorney Barabino litigated the case for over a year, gathering five expert witnesses and compiling medical records, video tapes, and other scientific evidence to aid client's defense. Attorney Barabino was also able to successfully challenge several statements made against client as well as a urine analysis taken by police upon client's arrest. In the end, the Commonwealth admitted to having insufficient evidence continue with its prosecution. All charges were subsequently dismissed.
RESULT: MOTION TO SUPPRESS, ALLOWED, ALL CHARGES DISMISSED

September 6^th 2018
Larceny Under $1200
Client, a pleasant young man from a good family, was charged with larceny when he was caught taking money over a period of time from his cash register at the supermarket he worked at. Unfortunately for the Defense, the evidence was strong that he in fact committed the alleged crime. Fortunately, thanks to the negotiation skills of Attorney Barabino and the cooperation of client, an agreement was reached with the Commonwealth that no charges would be filed, upon restitution of the stolen funds and a letter of apology from client.
RESULT: NO CHARGES FILED, upon restitution and apology

September 5th 2018
License Suspension, Subsequent Offense
Client, a father of three, was charged with operating a motor vehicle on a suspended license, a subsequent offense. Client alleged that he did not know he was operating on a suspended license when he was arrested by police. While the Registry of Motor Vehicles claimed it sent client formal notice of the suspension, client stated that he did not receive such notice. The case went to trial. At trial the Commonwealth conceded that it could not prove the subsequent offense portion of the crime charged against Defendant. In the end, the case was dismissed upon payment by Defendant of $500.
RESULT: CASE DISMISSED, upon payment of $500

August 30^th 2018
Negligent Operation of a Motor Vehicle
Speeding
Marked Lanes Violation
Failure to Stop
Client, a bank professional with no prior criminal record, was charged with the above criminal offenses. According to police, he was driving at speeds well over 100 miles per hour and failed to stop his vehicle when officers insisted that he do so. Attorney Barabino was hired, and at a Clerk Magistrate's hearing, Defendant himself testified and provided evidence to mitigate the circumstances of the incident in question. Defendant testified as to his clean criminal record, his clean Registry of Motor Vehicles (RMV) record, and his genuine remorse over what happened. As a result, no probable cause was found for the criminal violations and Defendant agreed to pay $400.
RESULT: NO PROBABLE CAUSE FOR CRIMINAL VIOLATIONS, Defendant pays $400.

August 29th 2018
Assault and Battery with a Dangerous Weapon
Malicious Destruction of Property
Client was a respected business owner who, according to police, threw an object at a car causing permanent damage to the vehicle. After the incident, words were exchanged between client and accuser (owner of the vehicle). When police arrived, accuser cooperated with their investigation into the matter, and Defendant was subsequently charged with two felony counts of Assault and Battery with a Dangerous Weapon and Malicious Destruction of Property. Attorney Barabino was hired by client and gathered witnesses, photos, and others items and exhibits to offer an alternative explanation as to what happened for the Clerk's consideration. In the end, an agreement was reached by all parties involved that client would pay the amount of damage caused to the car in exchange for a resolution of the case.
RESULT: NO APPLICATION FOR COMPLAINT TO ISSUE

August 23rd 2018
Assault
Client was a hard-working father, husband and employee. Objectively significant obstacles resulting in him disciplining his insubordinate daughter resulted in criminal charges of abuse. Shortly after the charge, Immigration and Naturalization took him into custody. His lawyer for his immigration case was able to secure his release from custody. Attorney Barabino worked with all involved, including the Department of Social Services and the District Attorney. In the end, the case will be dismissed with Pre-Trial Probation, which is not probation at all. As long as he stays out of trouble for nine months, this case will be dismissed with no admission of guilt. Client maintains the presumption of innocence and his clean record.
RESULT: CONDITIONAL CASE DISMISSAL

August 2nd 2018
Assault
Client was working his second job as a manager for a restaurant when a patron made repeated complaints. After trying to resolve the situation to the patron's satisfaction, the man (a lawyer), said he would tell his Twitter followers and began taking pictures. After being asked to leave, the patron complied and was escorted out by client. However, when patron was just about to leave, he turned back around and bumped into client and patron. Police were immediately called. The patron declared that he would sue, and he was given a settlement by the owner of the restaurant to avoid the cost of litigation. In the end, Attorney Barabino came to the hearing with videotape, statements, witnesses and other exhibits. After a hearing, the complaint did not issue. It will remain open for six months, assuming no other concerns.
RESULT: Application for Complaint, DOES NOT ISSUE.

July 17th 2018
Animal Cruelty Chapter
Threats to Commit a Crime
Assault and Battery Chapter
Assault and Battery Chapter
Client was a young man who suffered from serious long-term mental health challenges. He admittingly committed an act of animal cruelty on his girlfriend's pet. In addition, he physically struck two people and made a threat of physical harm. Attorney Barabino got client released from a custodial prison request from the Commonwealth. Client was released to a mental health hospital. After months and months of care and treatment, Attorney Barabino and a number of support staff had an evaluation conducted with a goal to prove that client was not guilty by reason of insanity. Once that expert conducted the evaluation, a trial date was set and on the trial date, no trial was held as the victims were not available. CASE DISMISSED
RESULT: ALL CHARGES DISMISSED.