Recent Cases

June 19, 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, he made the decision to plead the case. Attorney Barabino negotiated in person with the District Attorney, successfully reaching a "continued without a finding" agreement, otherwise known as a CWOF. A second negotiation session resulted in a separate agreement for a not responsible finding on the civil charge. On the day of the plea, the only disagreement between Attorney Barabino and the Commonwealth was a brains-at-risk program which the 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 31, 2018
Assault and Battery with a Dangerous Weapon
Client, a hard-working union member, had an unexpected argument and exchange with a woman who he had never met before. 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 had resulted. Despite a great difference of opinion of accuser's account, including accusation of cigarette burn, client opted for a safer result with a plea deal. This plea deal included no anger management or drug screens and an agreed upon reduction from the felony charge of "dangerous weapon" to the misdemeanor charge of assault and battery.
Result: CHARGE REDUCED FROM FELONY, LIMITED PROBATION CONDITIONS.

May 15, 2018
Leave Scene of Property Damage
Negligent Operation of Motor Vehicle
Client was a young man who was out partying with two friends when all 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 proceed through several court hearings, with a trial date set. On the day of trial, the District Attorney, in good judgment, simply dismissed the case as there would be insufficient evidence to move forward any longer and a dismissal was entered on both charges.
Result: Both charges, DISMISSED.

April 24, 2018
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 the bully to a fistfight and subsequently won the fight. However, after the fight the bully 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 who 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.
Result: Assault and Battery with a D/W (Dangerous Weapon), FELONY DISMISSAL

March 15, 2018
Assault and Battery OVER 60/Disabled
Client was a respected professional when a family member struck her. In response to her being struck, she reacted in self-defense. When police arrived at the scene, client, and not other party, was arrested. Confident in the innocence of the client, Attorney Barabino prepared for trial even though it was clear that consequences of potential conviction would be severe. Client would certainly lose her prosperous employment, and possibly serve jail time as a convicted felon. On the day of trial, the Commonwealth was unable to proceed, as a necessary witness was unavailable. Attorney Barabino requested that the court dismiss the charges. Dismissal was entered.
Result: CASE DISMISSED AT DAY OF TRIAL

February 21, 2018
Disorderly Conduct
Assault on a Household Member
Client was a hard-working cement contractor who was arrested for giving his son a bloody lip (at the police station). Client’s son was arrested for operating under the influence of drugs and client went to police station to bail him out. When son got aggressive with father in the police station parking lot, father popped him giving him a bloody lip. Father was arrested and charged with assault and battery and disorderly conduct. Eventually, a trial was scheduled and set and moments before the trial was about to begin a deal was struck whereby the defendant would receive a general continuance for six months on the assault and battery charge. The disorderly conduct charge was continued without a finding for three months.
Result: Assault and Battery charge GENERALLY CONTINUED FOR SIX MONTHS, disorderly conduct charge CONTINUED WITHOUT A FINDING FOR THREE MONTHS

February 15, 2018
Disorderly Conduct
Assault on a Household Member
Disturbing the Peace
Client was a hard-working father who had a dispute with his daughter that resulted in him being charged with assault and battery, disturbing the peace, and disorderly conduct. A trial was eventually scheduled and held. There were a number of different versions of the event but the client and his witnesses were consistent on the witness stand with their version of the events. The Commonwealth’s witnesses wavered and were not consistent. As a result, the court delivered not guilty verdicts on the assault and battery and disorderly conduct charges, and only a one-hundred-dollar fine for disturbing the peace.
Result: NOT GUILTY OF ASSAULT AND BATTERY AND DISORDERLY CONDUCT

February 1, 2018
Assault and Battery OVER 60/Disabled
Client was a doctor of research at a pharmaceutical company when a family member suddenly struck him hard. He responsibly called the police to notify them of what occurred. However, after speaking to the person that struck him, the police determined that he was the aggressor and arrested him for this felony offense instead. Attorney Barabino prepared for trial confident in the innocence of his client and the strength of his case despite the severe consequences of a potential conviction. Client would certainly lose his prosperous employment, be deported and separated from his wife and children (as he was on a “green card”), and possibly serve prison time as a convicted felon. On the day of trial, the Commonwealth was unable to proceed as a necessary witness was unavailable, and Attorney Barabino requested that the court dismiss the charges. Dismissal was subsequently entered.
Result: CASE DISMISSED AT DAY OF TRIAL.