Recent Cases

January 2, 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. Attorney Barabino and client were able to go to both courts on the same day and negotiate dismissal(s) on all charges upon payment of the money owed.
Result: Both Warrants RECALLED; Both Cases DISMISSED upon Restitution.

December 11, 2018
Motion to Seal
Client was a hard-working Biotech Professional who had previously pleaded out to a Drinking and Driving Case (OUI) with Attorney Barabino. The case, despite an accident, had been granted a Continuance Without a Finding (CWOF) and eventually dismissed. After client’s dismissal entered, Attorney Barabino went back to the court with his successful probation record and affidavits of the impact a simple dismissal has on a record and its effect on his employment. After a hearing, the court took the matter under advisement and today, we received notice that the motion to seal his dismissal is ALLOWED.
Result: PETITION TO SEAL ALLOWED

December 10, 2018
Unlicensed Operation of MV
A pleasant young professional had a mix-up on a license reinstatement and mistakenly was driving without a license. The police charged him with the crime after he was hit by another motor vehicle. He hired Attorney Barabino and they prepared for the Clerk-Magistrate hearing. They obtained details of the accident and insurance confirmations, his resume and his impressive background as well as his new license, which he received after the incident. At the hearing, it was determined that NO CHARGES SHOULD ISSUE. Client retains his otherwise spotless criminal record.
Result: NO CHARGES SHOULD ISSUE.

December 4, 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 smelled of alcohol, he was slurring his words, he was unsteady on his feet and had red, glassy 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 cross-examined 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 at which time it will be dismissed.
Result: JURY RETURNS VERDICT OF NOT GUILTY.

November 28, 2018
Motion to Seal Record Chapter
Client was an all-around pleasant, hard-working 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 client's record. The motion included a number of items including the client's 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, 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, including by strangulation. Moreover, the police alleged he 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 that he abused one of the four children. That charge was incorporated with the first charge in a motion to join the charges. As the case proceeded through the court system Attorney Barabino and client reviewed the reports, 911 calls and began preparation for what will be a jury trial. On the day of trial, the ex-wife asserted her marital privilege which would allow her to refuse to testify—leaving the Commonwealth with no case to prosecute. Despite this assertion of marital 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’s 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 9, 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 inpatient program. 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 inpatient program. The judge agreed with Attorney Barabino.
Result: 2nd OFFENSE OUI, 1st OFFENSE RESULT, Speeding Ticket, NOT RESPONSIBLE.

November 8, 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 chose to enter a plea before the court. Attorney Barabino moved the case so that she could close out the case sooner than 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 continuance 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.