Recent Cases

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.

July 9th 2018
Harassment Prevention Order
Client was an otherwise responsible, courteous and respectful young man who was alleged to have made lewd comments via social media to a long-time friend. The friend did not want him to contact her, but he persisted. On the day of the hearing, all the parties were able to talk and discuss the serious natured and concerning acts and wrote up an agreement PRIOR to the hearing that the young man will not contact her under any conditions. That agreement was satisfactory to the court and the woman who took out the order and the case was dismissed. Case Closed. No Harassment Order Issues.
RESULT: Harassment Order, DOES NOT ISSUE. CASE CLOSED.

June 28th 2018
Probation Violation/Surrender
Client had previously admitted to a Continuation Without a Finding (CWOF) and was placed on probation for a year. After performing his obligations as agreed, Attorney Barabino filed a motion to terminate his probation, earlier than scheduled. At the day of his hearing, judge endorsed the request and he was discharged early from probation. Case dismissed.
RESULT: Motion to Terminate Probation Early, ALLOWED.

June 27th 2018
License Suspended, Operation Motor Vehicle, Subsequent Offense
Client was a hardworking father who was in a traffic accident. Upon police inquiry, they determined that his license was suspended. In fact, he had been convicted of the offense before. As a result, the police officer properly charged client with driving on a suspended license, subsequent offense. After several hearing and courts dates, a trial was scheduled, and at the trial date Attorney Barabino was able to obtain an agreement with the District Attorney to reduce the subsequent offender portion of the charge and make a deal for short probation, no conditions of the lesser included offense only.
RESULT: Subsequent Offense, REDUCED, SHORT PROBATION, NO CONDITIONS

June 19th 2018
1st OFFENSE OUI - Liquor or .08%
Improper Stopping
Client, a young professional, drank more than he was used to drinking and made the mistake of driving. He was charged with driving under the influence and a civil violation of improper stopping. According to police, he tapped a car while under the influence and vomited on his car door. Because of hitting the car, vomit, admission to drinking, and inability to perform major acts of coordination, decision to plea the case. Attorney Barabino negotiated in person with District Attorney, successfully reaching a "continued without a finding" agreement, otherwise known as a CWOF. A second negotiation session resulted in separate agreement for a not responsible finding on the civil charge. On day of plea, only disagreement between Attorney Barabino and the Commonwealth was a brains-at-risk program which latter sought. Judge ultimately agreed with Attorney Barabino, and client did not have to attend the additional program.
RESULT: 24D Disposition, CASE DISMISSED IN ONE YEAR, NOT RESPONSIBLE CIVIL INFRACTION, NO ADDITIONAL PROGRAM ORDERED.

May 31st 2018
Assault and Battery with a Dangerous Weapon
Client, hard working union member, had an unexpected argument and exchange with a woman who he had never met prior. The argument escalated and words were exchanged. She then made an accusation that he burnt her leg with his lit cigarette which client admitted was flicked in her direction. She went to the police and showed them where she said a burn mark existed that she said resulted. Despite a great difference of opinion of accuser's account, including accusation of cigarette burn, client opted for a more safer result with plea deal. This plea deal included no anger management or drug screens and an agreed upon reduction from the felony change of "dangerous weapon" to the misdemeanor charge of assault and battery.
RESULT: CHARGE REDUCED FROM FELONY, LIMITED PROBATION CONDITIONS.

May 15^th 2018
Leave Scene of Property Damage
Negligent Operation of Motor Vehicle
Client was a young man was out partying with two friends when all them of them got in a car accident. After the accident, fingers pointed in different directions as to who was the driver, or “operator”. In the end, after police arrested a person who the police incorrectly thought was the driver, the other two young men stepped forward and under oath stated that the defendant was not the driver. Despite those assertions, the case was required to process though several court hearings, with a trial date set. On day of trial, District Attorney, in good judgement simply dismissed the case as there would be insufficient evidence to move forward any longer and a dismissal was entered on both charges. Case Dismissed.
RESULT: Both charges, DISMISSED.

April 24^th2018
Assault and Battery with a Dangerous Weapon
Client, a young adolescent, was being bullied and simply didn’t want to be bullied any longer. Finally, client decided to challenge bully to fistfight and subsequently won the fight. However, after the fight bully and called police and an investigation followed. According to police, client had hit him multiple times, resulting in a concussion and other small injuries. However, the medical documentation that the District Attorney sought was not available and co-defendants that had also been involved in the fight were not able to provide evidence. In the end, Attorney Barabino and client sought and received a jury trial date and when the person who made the complaint failed to appear as a witness at the trial date, the case was forced to be dismissed. Felony Case Dismissed.
RESULT: Assault and Battery with a D/W ( Dangerous Weapon), FELONY DISMISSAL