Recent Cases

August 2, 2017
Conspiracy
Attempt to Evade Tax
Client was in possession of a large amount of tobacco products from a southern state, without a 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, 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 has since fully resolved their differences. At the conclusion, an agreement was made for client to be evaluated for anger issues, and if none exist, the complaint will not issue.
Result: APPLICATION FOR COMPLAINT DOES NOT ISSUE, Contingent on anger evaluation within two months.

July 18, 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.

July 7, 2017
2nd OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Open Container
Negligent Operation of Motor Vehicle
Probation Violation/Surrender
A hard-working mother was on probation for operating under the influence when she was charged again with the same offense. A probation violation was triggered. Attorney Barabino and client rapidly addressed the probation violation at one court and received an agreement with the Commonwealth that she add the SCRAM alcohol monitor to her probation for the first case. The second case (new offense) was placed on a disposition date (today), on which an agreement was made where the client would receive no jail time on the OUI charge and would agree instead to attend a two-week inpatient program, the negligent operation charge dismissed, the highway wrong-way charge "not responsible", and open container of alcohol not responsible.
Result: NO JAIL TIME ON SECOND OFFENSE OUI, NEGLIGENT OPERATION DISMISSED, HIGHWAY VIOLATION AND OPEN CONTAINER VIOLATION NOT RESPONSIBLE.

June 15, 2017
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
A hard-working father and veteran did the unthinkable. He sexually abused his daughter. Recognizing his crime, client honorably presented himself to the local police department to ask that he be held accountable. He was not under investigation or suspicion, or in warrant status when he did so. The result was several indictments which carry, in some instances, life sentences. The District Attorney assigned to the case had recently requested life sentences for like situations (after trial). Attorney Barabino worked with all involved and, in the end, negotiated a sentence which was 10-12 years in prison and some probation afterward. This will allow the defendant to be possibly released in the minimum time allowed by law for an aggravated rape offense, which is ten years. This was devastating for all involved. Fortunately, the victim is doing very well (but the effects of abuse can take years to show up). No more than the mandatory minimum sentence of 10-12 years in state prison, with brief probation term after release.
Result: DEFENDANT ELIGIBLE FOR RELEASE AT MINIMUM MANDATORY DATE.

June 9, 2017
Assault with a Dangerous Weapon
Client was a hard-working, self-employed IT consultant who was accused of spray painting political signs. The case was widely publicized and the accusation was that the client was painting the signs during the early hours of the morning. Moreover, it was alleged that the client tried to run over the accuser, who spotted the client engaging in the spray painting, when she attempted to flee. While the client admitted to spray painting the signs, the part about running over the accuser was not true. A deal was attempted under which the client would admit to the sign painting and complete fifty hours of community service and stay out of trouble for one year. However, the accusation of attempting to run over the accuser went to trial. Attorney Barabino presented reputation witnesses and others to build the defense. In the end, the court delivered a verdict of not guilty of assault with a dangerous weapon.
Result: NOT GUILTY OF ASSAULT WITH A DANGEROUS WEAPON.

June 2, 2017
OUI –Drugs Serious Bodily Injury 2^nd Offense
Failure to Stop for Police
Negligent Operation of Motor Vehicle
Client, a retired teacher, was reported to police to be having some type of medical emergency and acting irrationally. Client drove off, driving erratically in opposite lanes of travel and reaching speeds of over ninety miles an hour. With police in hot pursuit, client hit a telephone pole, split it in half, while the car flipped over and burst into flames. Fortunately, police were at the scene to extinguish the flames, and rescue the client. She was charged with OUI-drugs, failure to stop for police, and negligent operation of a motor vehicle. Attorney Barabino entered a plea on negligent operation, for which a disposition would take place in the future. The two other charges went to trial. A verdict of not guilty was returned on both the OUI-drugs second offense and failure to stop for police. There were challenges in the Commonwealth's case and in the end, client was grateful for the efforts of all involved, including the police, who charged her. Another charge of serious bodily injury was reduced at a clerk-magistrate hearing prior to arraignment.
Result: OUI-drugs, second offense, NOT GUILTY, failure to stop for police, NOT GUILTY.

May 25, 2017
Unlicensed Operation of MV
Client was unable to obtain a license and was cited for (4^th Offense) driving without a license. Given his background, history, and surrounding circumstances, he was given a dismissal with the agreement that client pay a two-hundred-dollar penalty.
Result: OPERATING UNLICENSED, DISMISSED ON COURT COSTS.