Recent Cases

February 5, 2019
Threats to Commit a Crime
A wonderful, young married couple were going through a rough patch and one spouse allegedly threatened to murder 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 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.
Result: Application for Criminal Complaint, DISMISSED.

January 25, 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 five months’ time, the case will simply be dismissed with NO admission of wrongdoing.
Result: All CHARGES DISMISSED, with NO admission of Wrongdoing

January 10, 2019
SECOND OFFENSE OUI- Liquor or .08%
Client was a hard-working, former U.S. Army Officer and war veteran who 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 inpatient program.
Result: 2nd OFFENSE OUI, Standard 2^nd Offense Statutory Disposition

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