Recent Cases

October 16^th 2017
Larceny over $250.00
Client was a young man who stole over five thousand ($5,000.00) dollars worth of electronic goods from a chain store in the course of his employment there. The case against client was strong as the store had investigated the case for months and assembled a trove of electronic evidence. In addition, they secured an admission to the crime from client prior to him being formally charged. Negotiations continued for several months and parties involved reached an agreement: client would admit to the charge, he doesn’t pay any probation fees, agrees to take a theft program to learn about theft, and pays back the money of the items that he stole. In the end, no conviction would appear on his record as long as he complies with the agreement.
Result: ADMISSION TO CHARGE WITH CONDITIONAL AGREEMENT FOR DISMISSAL

September 5^th 2017
Abuse Prevention Order
Client, a hard-working father, had been in a romantic relationship with a woman years ago. When the relationship ended, she secured a restraining order which prohibited him from being within 100 yards of her at all times. According to her, while she was working at her place of employment, he went to the place of employment and stared at her in violation of the order. Defense agreed that he did briefly walk by her store where she was working, but that he did not know she worked there and he was as surprised as she was to discover her there. Although a strong case for the defense, the Commonwealth felt otherwise. The Commonwealth brought the case to trial and even obtained prior allegations against the defendant to show his “bad acts”. At trial, the judge ruled that the Commonwealth could not admit the prior bad acts, as a guilty verdict would surely mean deportation for the otherwise innocent defendant. However, after witness after witness testified, a not guilty verdict was returned.
Result: NOT GUILTY AFTER TRIAL

August 16^th 2017
1^st OFFENSE OUI- Liquor or .08%
Client, a young college graduate, was driving and struck a parked car. He was eventually apprehended and charged with a first offense OUI. The defense made several challenges to admission of evidence of the Commonwealth via motion to suppress. Although the court denied the motion, the court authored a well written and detailed 9-page decision for their rationale and basis. The client agreed to a plea that would place him on probation for one year, with the agreement that the charge would be dismissed from his record at the end of that calendar year.
Result: First Offense OUI DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM.

August 14^th 2017
1^st OFFENSE OUI- Liquor or .08%
Client, a young professional, sought counsel for a first time OUI offense: she was pulled over driving without lights, failed field sobriety test, and made incriminating statements. After discussing the option of a trial or a plea, she opted for a plea, in part, to accelerate her hardship license application. Agreement was hashed out and a "not responsible" on her civil infraction was entered at the first court appearance, with probation for the OUI charge. Client agreed to a plea that would place her on probation for one year, with the agreement that the charge will be dismissed off her record after one year.
Result: First Offense OUI DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM, CIVIL VIOLATION NOT RESPONSIBLE.

August 11^th 2017
Leave Scene of Property Damage
Client was a young man about to embark on his first year at college. However, in the interim break, before school started, he was in a car accident. After the accident, client fled the scene, and damaged two separate vehicles in his flight. Fortunately, his parents reached out to Attorney Barabino early, and he was able to coordinate a clerk magistrate hearing within the four-day period by law. Hearing was held, with communication and documentation given to the parties involved beforehand.
Result: Complaint DOES NOT ISSUE, with agreement to provide insurance documentation within sixty (60) days to authorities.

August 2nd 2017
Conspiracy
Attempt to Evade Tax
Client was in possession of a large amount of tobacco products from a southern state, without license or stamp. The amount of tobacco was substantial. There were immigration consequences if the case was not successful. Several court dates led to the filing of a motion to suppress evidence. At that key hearing, the Commonwealth declared that they would not be able to secure a necessary witness and were then forced to dismiss the entire case.
Result: Motion to Suppress Evidence, FILED. Case DISMISSED PRIOR TO HEARING.

August 1^st 2017
Leave Scene of Property Damage
Malicious Destruction of Property
Client, a young, bright teacher, was angered by her boyfriend. As a result of that anger she vandalized his car by keying it, consequently damaging it. At the conclusion of her moment of anger she bumped the car with her car when she left the area. A trove of background information was provided indicating that the couple have since fully resolved their differences. At the conclusion, an agreement was made for client to be evaluated for anger issues, and if none exist, complaint will not issue.
Result: APPLICATION FOR COMPLAINT DOES NOT ISSUE, Contingent on anger evaluation within two months.

July 18^th 2017
Assault and Battery on a Family Member
Client and his girlfriend were arguing in the early morning hours in the street. Police were called and interviewed both parties. Girlfriend said she was punched in the face, but soon after denied it, and was then consistent in her statement. At the time of trial, the couple had since broken up. Despite that breakup, she again came to court and said a lie is a lie, that she would not say he did it, ever, because he did not, she claimed. The District Attorney dismissed the case.
Result: BOTH CHARGES DISMISSED AT TRIAL.