Recent Cases

April 10^th 2017
Leave Scene of Property Damage
Leave Scene of Property Damage
Unlicensed Operation of a Motor Vehicle
Client was working two full time jobs when he got into two separate car accidents. He did not remain on the scene, leaving for various reasons when he should not have. Fortunately, with adequate preparation time, client and Attorney Barabino were able to gather weather data for the date of the accident from the federal government, as well as work with the insurance companies to allow verification of the payment for damage. From this information, Attorney Barabino built a case with mitigation factors in place. A hearing was held and a decision was made that no probable cause issue—and the case did not proceed.
RESULT: NO PROBABLE CAUSE. CASE DOES NOT ISSUE.

April 6^th 2017
Annoying and Accosting
Client made unacceptable and criminal statements. A substantive review of the client’s background revealed a history of participation in intense remedial programs, placing the client in an excellent position. These factors allowed the client to be reviewed for a probable cause/clerk magistrate hearing. New remedial efforts and an agreement to continue monitoring without court intervention agreed to.
RESULT: NO COMPLAINT ISSUED.

April 3^rd 2017
Assault and Battery
Client was hard working contractor. He was charged with assaulting and battering his houseguest. Charges were filed against both parties as even the police believed “mutual combat” had taken place. In the end, prior to starting the trial, the accuser failed to appear—resulting in a dismissal of the charge. Case dismissed.
RESULT: CHARGE DISMISSED AT DAY OF TRIAL.

March 28^th 2017
Assault and Battery
Assault and Battery
Strangulation or Suffocation
Client was a hardworking federal employee. He was charged with Strangulation of his ex-girlfriend, Assault and Battery on his Girlfriend, and Assault and Battery on another involved in the incident in question. It was alleged that he was angry at his ex-girlfriend after discovering text messages from her former spouse on her phone. It was alleged that he came into her bedroom, pushed her friend into a dresser, and then proceeded to choke ex-girlfriend for nearly a minute. The district attorney applied for and received a Dangerous Hearing. Based on facts of the case, it was determined that client was too dangerous to be released into society. Attorney Barabino appealed that ruling and was successful. Client was then released pending trial. At trial, the jury ruled him not guilty of all the charges.
RESULT: 58A DANGEROUS HEARING OVERTURNED, Client released Pending Trial, NOT GUILTY OF ALL CHARGES.

March 28^th 2017
Larceny over $250.00
Client was a young mother who stole an item worth close to five hundred dollars. A conviction and even an admission to this felony charge would have been very destabilizing to her life. Attorney Barabino sat down with the attentive and professional district attorney. After consultation, an agreement was made for client to begin counseling, pay a five-hundred-dollar civil fee, and after a period of six-months, the case would in exchange be dismissed in its entirety.
RESULT: Pre-trial Probation/ GENERAL CONTINUANCE WITH PRESUMPTION OF INNOCENCE AND DISMISSAL.

March 27^th 2017
Assault
Threats to Commit a Crime
Client was a hardworking professional with a limited prior record. He was charged with Assault of his girlfriend and making threats. According to police, after night of drinking he made threatening gesture and statements, all of were which supported by police charges. Client wanted to resolve the matter without delay and take responsibility. However, even though the District Attorney presented a reasonable recommendation, it included the lengthy (42) forty-two week Batterers Intervention program. Also, the District Attorney wanted random drug testing. After a hearing, the judge agreed with Attorney Barabino that the prior two conditions were not necessary as long as defendant agreed to remain alcohol free.
RESULT: No Batterers Program Required and No Drug and Alcohol Screens- CASE DISMISSED AFTER ONE YEAR

March 20^th 2017
Solicitation
Client was a hardworking professional and father. Client sought the services of a person who attempted to engage in sexual relations for a fee, but found himself caught up in a sting operation coordinated by police instead. He was charged and arraigned in court. Upon reviewing client's background and the facts, which included a lack of criminal history, a deal was negotiated where the client would have the case dismissed upon a payment of $500.00. Case Dismissed.
RESULT: CASE DISMISSED, upon payment of five hundred dollars.

March 15^th 2017
Animal Cruelty
Animal Cruelty
Client was a hardworking father of four, with some criminal history. His roommates believed that he was abusing a dog shared with client, based on the dog’s recent behavior. The Police Department charged the defendant with Cruelty to Animals, based on video evidence provided by his roommates. Roommates filmed the Defendant kicking one dog multiple times and striking another dog with his hand. The case eventually went to trial. On day of trial, Attorney Barabino negotiated an offer for nearly half of the committed time previously offered, with a stay.
RESULT: LESS COMMITTED TIME ON PLEA.