Recent Cases

December 4^th 2018
Unlicensed Operation of MV
First Offense OUI- Liquor or .08%
Failure to Stop
A hard-working individual was in a minor car accident and State Police were called to the scene and charged client with operating under the influence of alcohol; driving unlicensed and a civil infraction. According to State Police, client’s breath smelt of alcohol, he was slurring his words, he was unsteady on his feet and had red glossy eyes. When the respectful officer asked about the accident, client was not entirely clear about the account and the damages to the vehicle did not fit his account. Attorney Barabino crossed examined the both the arresting officer and the booking officer. At the conclusion of the case, the jury deliberated and agreed that the client was NOT GUILTY of driving under the influence. The court also marked his civil infraction NOT RESPONSIBLE and the client had already agreed to a three-month probation period on the unlicensed operation which at which time it will be dismissed.
RESULT: JURY RETURNS VERDICT OF NOT GUILTY.

November 28^th 2018
Motion to Seal Record Chapter
Client was an all-around pleasant hardworking professional who had been charged with soliciting last year. The case was dismissed—but he wanted to make sure that no employer could see that he was charged in the past. Attorney Barabino prepared a motion to seal clients record. The motion included a number of items to include the clients background and reason for filing, affidavits and attachments. On the day of the hearing, client and Attorney Barabino presented the petition in court and the judge, ALLOWED the motion. As a matter of law, client may now truthfully answer on any job application that he has never been arrested for, or charged with, any crime.
RESULT: PETITION TO SEAL ALLOWED

November 20^th 2018
Assault and Battery with a Dangerous Weapon
Assault and Battery on Child with Serious Injury
Intimidation of a Witness Chapter
Assault and Battery
Strangulation or Suffocation
Client was a pleasant young father with no prior record and steady job. His relationship with his wife was tumultuous but he stayed committed for the four children they shared. According to police, he got upset one afternoon and beat her to include to include, strangulation. Moreover, the police alleged her interfered with her ability to call police. Attorney Barabino challenged the 58A dangerous order which would keep him incarcerated until trial. Attorney Barabino was successful in gaining his pre-trial freedom at the 58A hearing. Soon after the district attorney filed additional charges alleging, he abused one of the four children. That charge was incorporated the first charge in a motion to join the charges. As the case proceeded through the court system Attorney Barabino and client reviewed and reports, 911 calls and began preparation for what we will be jury trial. At the day of trial, the ex-wife asserted her marital privilege which would allow her to waive her testimony—leaving the Commonwealth with no case to prosecute. Despite this assertion of martial privilege, it doesn’t apply to child abuse cases, which this one had as well. However, after much deliberation, the District Attorney decided they had no admissible evidence to introduce and Attorney Barabino request for a dismissal on the charges was ALLOWED.
RESULT: 58A DANGEROUS HEARING NOT HELD IN CUSTODY, Client released Pending Trial, ALL CHARGES DISMISSED.

November 9th 2018
SECOND OFFENSE OUI- Liquor or .08%
Speeding
Client was a hard-working, newly married construction professional who was charged with a 2nd Offense OUI. According to Police, he was speeding and pulled over. The police drafted a report with all the normal indicators of intoxication. Also, client agreed to a breath test which was twice the legal limit. The client wanted a deal and wanted to move on with his life which included a hardship license to drive. At a plea hearing, the Commonwealth asked the judge to impose a guilty conviction with a suspended jail sentence and have him attend a government two-week IMPATIENTprogram. Attorney Barabino argued for an alternative disposition where client would be 1) placed on probation with an expectation that the case be dismissed after a year with normal conditions and cost of a 1st Offense OUI charge, a 45-day loss of license not one year, and NO Impatient program. The judge agreed with Attorney Barabino.
RESULT: 2nd OFFENSE OUI, 1st OFFENSE RESULT, Speeding Ticket, NOT RESPONSIBLE.

November 8th 2018
FIRST OFFENSE OUI- Liquor or .08%
Marked Lanes Violation
Mobile Phone, Operator Use Improperly
Client, a young Ph.D. Biotech manager was charged with OUI first offense. According to Police, she was seen driving erratically late at night. The police arrested her after they believed she failed the sobriety test and other indicators of intoxication. Not interested in prolonged, possibly unpredictable and more costly litigation she chooses enter a plea before the court. Attorney Barabino, moved the case so that she could close out the case sooner that it had been originally planned. Once at court, the understanding and reasonable district attorneys reviewed her background and engaged in a discussion, agreeing to a continued without-a-finding for 12 months and 45-day loss of license. They also agreed to find her Not Responsible for the Mobile Phone use ticket. Once in front of the judge, Attorney Barabino argued for the above disposition AND for her to be found NOT RESPONSIBLE on the marked lanes violation, to which the judge agreed too.
RESULT: 1st OFFENDERS Disposition, NOT RESPONSIBLE Both Civil Infractions.

October 29th 2018
FIRST OFFENSE OUI- Liquor or .08%
Open Container
Speeding
Marked Lanes Violation
Client, a young hard working-working professional was charged with Operating under the influence of Alcohol. In addition to the criminal charge she was given three separate "civil" citation(s) which included possessing an open container, speeding and marked lanes violation. According to Police in the early morning hours, client was speeding and weaving. She was found with a glass of beer, red bloodshot eyes and the smell of alcohol on her breath among other indicators of intoxication. Despite what appeared to be a strong case for the Government, she did have a strong defense. Despite the existence of this defense, client understandly, simply wanted to get the case wrapped up quickly, with the least cost and effort possible. As a result, Attorney Barabino was able to negotiate with the District Attorney a 1st offense disposition whereas, the charge will be dismissed after a one-year period. This is a fairly predictable result when the client has an otherwise clean record, no accident at the scene and no additional circumstances such as very high breath test result or disrespectful conduct to the officer. In addition to the 1st offense plea there was an agreement to dismiss all the "civil" infractions which is particularly important to avert an extended license suspension for the multiple surcharges which can result from civil infractions.
RESULT: 1st OFFENSE, 90/24D Disposition, Civil Infractions found NOT RESPONSIBLE.

October 25th 2018
SECOND OFFENSE OUI- Liquor or .08%
Open Container
Marked Lanes Violation
Client, was a world-class martial artist, dad and otherwise responsible citizen. According to the police, the client was driving erratically when a citizen called the police to investigate. When police arrived, they found client was operating his vehicle and in possession of an open bottle of brandy. The client agreed to a breathalyzer test and blew a .26 which is three times the legal limit. The Commonwealth sought a six-month suspended sentence and two-year loss of license. In addition, they requested a two-week impatient program. Attorney Barabino sought a first offense which the law allows, if the prior offense was more than ten years as was the case. Attorney Barabino provided a memorandum to the court outlining the clients unquiet and distinctive career path. In the end, the court agreed with Attorney Barabino for a 1st offense disposition. So, he received a guilty conviction, but as a first offender. The result will be he will be allowed to request a hardship license before the registry at a sooner date and support his family while maintaining safety and sobriety for the him and the community in general. Also, client does not have to attend the two-week impatient program.
RESULT: 2nd OFFENSE provided 1st OFFENSE DISPOSITION.

October 24th 2018
FIRST OFFENSE OUI- Liquor or .08%
Disorderly Conduct
Resisting Arrest
Open Container
Negligent Operation of Motor Vehicle
Registration Suspended, Operation
Uninsured Motor Vehicle Chapter
Possession of Class B Drugs
Speeding
Malicious Destruction of Property
Client, a hard-working mother was charged with many criminal and civil offenses. According to State Police report, client was driving over 100 miles in hour on the highway. She was stopped, she came beligerent and taken to the ground by the officer. The officer arrested her due to her intoxication. he inventoried the vehicle after her arrest and located amphetimines pills that she did not have a prescription and he also located a bottle of alcohol. Once at the station, the client flooded the jail cell. This was a case resolved with every charge dismissed, and client being placed on probation for the OUI, enter the standard program, a drug evaluation and aftercare if necessary, an apology letter to the officer and a Brains at Risk half-day program.
RESULT: ALL CHARGES DISMISSED, with Exception of OUI Charge