Recent Cases

November 21, 2025
Domestic Assault and Battery
Client was charged with Domestic Assault and Battery against her husband. Client and husband were a young couple with a great marriage who were stressed about life and finances in general. They got into an argument and that argument became physical. Husband called police and wife was arrested. After being charged they wanted this matter fixed as quickly as possible, but more important they want it done correctly. After placing wife in an online rehabilitation program and providing affidavit evidence, the district attorney took a more open-minded impression on the matter and agreed to schedule it for trial readiness conference where the case would likely be dismissed. The district attorneys are simply trying to get this case right and fair and most importantly safely. Here, it was accomplished, quickly, fairly and just. Case Closed.
RESULT: Fast Track TRC Date results in Dismissal of Domestic Battery Charge.

November 20, 2025
58A Dangerous Hearing
Assault and Battery
Assault and Battery on a Family or Household Member
Strangulation or Suffocation
Threat to Commit a Crime
Threat to Commit a Crime
Malicious Destruction of Property under $1,200
Client was a very young man but mature in many other ways. Client was charged with a variety of criminal offenses. According to police, he got physical with his girlfriend while under the influence and he struck his girlfriend. The acts were sufficient for the charge of strangulation. Then he committed assault and battery. Then destroyed some items that belong to a third party. Afterwards, client went home and some concerning behavior resulted in a parent calling police. Client was arrested and charged with the above criminal offenses. The most concerning charge is the strangulation which triggers a heightened concern from the perspective of the government and results in them being more attentive and aggressive in the prosecution of a case. Here, the government, filed a Dangerousness Hearing or 58A hearing. This hearing would keep the defendant in custody with no bail for at least 120 days or the conclusion of the case. Here, we were able to get an agreement with the government that client is not held in custody. As client was released on conditions the intense preparation began. As the matter was close to ready for trial, we decided, to tender a plea that would protect the client’s record. The District Attorney agreed to dismiss one felony and one plea prior to any plea. At the time of the plea, the complainant credibly presented to the judge arguing for severe consequences which made the plea more challenging. However, in the end, two charges were dropped and the judge endorsed the Defendants request for no convictions on the felony charges.
RESULT: No 58A Detention, No Felony Convictions.

October 21, 2025
Domestic Assault and Battery
Clerk Magistrate Hearing
What began as a disagreement between client and his wife over their child’s car seat quickly escalated into a misunderstanding with serious legal implications. When police arrived, they separated both parents to hear each side of the story. The wife alleged that she had been grabbed and pushed into a table, showing what she claimed were physical marks. Client, however, explained that his wife had pulled at the car seat while their child was still inside and lost her balance, falling backward on her own. Although many police departments have mandatory arrest policies in domestic assault and battery cases, the officers instead issued a summons for a magistrate’s hearing. In preparation for the hearing, Attorney Barabino reviewed case law, drafted supporting memorandum, and gathered evidence from the client and witnesses through sworn affidavits. At Attorney Barabino’s request, client even brought the actual car seat to the courthouse to physically demonstrate how the incident occurred. In the end, the magistrate concluded that there was no probable cause for the charge to move forward. The case was dismissed before arraignment. Client was spared from the significant collateral consequences that all too often accompany domestic assault allegations.
RESULT: Domestic Assault and Battery Dismissed at Clerk Magistrate’s Hearing

October 2, 2025
Probation Violation Hearing
A former U.S. Marine was faced with a probation surrender. Client attempted to get a waiver for travel on his own and his problems started there. The court required a forensic examination of his electronics as a condition of the leave request. There was deception noted on his responses and the court detained him in custody pending a full evidentiary hearing. Whereas client was on a suspended sentence and detained, the expected result was found in violation and committed at a final hearing. However, Attorney Barabino determined that there were flaws in the Government’s case, additionally, client’s background and history was not being included in the probation detention and violation. A massive trove of material was developed of the client’s background and history. Additionally, a motion to dismiss and other substantive motions were filed, to which the probation department filed a second violation. Whereas, the government had an expert, Attorney Barabino consulted his own expert on client’s behalf. In the end, prior to a planned evidentiary hearing, an agreement was struck where client would be released and re-probated.
RESULT: Detained Client on a Suspended Sentence, Reprobated & Released.

September 25, 2025
Threats
Magistrate Hearing
What began as a longstanding family dispute over the care of an aging parent escalated into an accusation of criminal threats. During months of rising tension, harsh words were exchanged, and Client’s brother went to the police claiming he had been threatened. Before Attorney Barabino became involved, the brother obtained a restraining order that led to Client’s brief detention in a mental health facility. Once retained, Attorney Barabino moved quickly for the magistrate hearing. A detailed affidavit was filed, and Client testified under oath, explaining the difficult family history and describing his steady employment, stable home, and the safe, grounded life he has worked hard to create. His credible testimony made clear that, while arguments had occurred, no actual criminal threats were made. After weighing the facts presented, the clerk declined to issue a criminal complaint.
RESULT: Criminal threats complaint does not issue.

September 23, 2025
Magistrate Hearing
Lewdness, Open and Gross
An otherwise pleasant and respectful young man faced an embarrassing situation after a night of heavy drinking. After being asked to leave a movie theater, he wandered into a mall highly intoxicated. A bystander reported seeing him urinate and called the police. When the officers arrived and confronted him, he turned toward them while still exposed. The reporting witness told police she herself did not see any exposure. Officers noted in their report that Client was extremely intoxicated. They took him into custody for drunkenness but chose not to file immediate charges. Instead, they sent a summons for a clerk magistrate hearing, providing an important opportunity for review before any complaint issued. While waiting for the hearing, Client was away on extended travel; Attorney Barabino arranged to have the matter continued. During that time, Client demonstrated a commitment to sobriety. At the hearing, Attorney Barabino presented these efforts. The magistrate determined the case should not proceed, ensuring that this sensitive sex-related allegation would not appear on his record.
RESULT: Sex Charge does not issue against Client.

September 9, 2025
Possession of Class “A” Heroin
A well-established business owner was charged with possession of class “A” drug. While enjoying the casino with a friend it was determined that there was heroin and drug paraphernalia in his hotel room. The contraband was found during a public safety search because of a cigarette smoke alarm. Police then found client and his partner and confronted them. It was apparent that the other party was the culprit, but the police charged them both with the same offense. Client was particularly mature, respectful and professional with the police and in turn the police declined to arrest them and simply issued a summons to appear in court. The matter continued for several court dates as any resolution by the government required an admission of wrongdoing and drug screening. Confident in our case, we placed the matter on for a trial, which on the day of trial, the government agreed to drop the matter with proof of two NA meetings.
RESULT: 2 NA Meetings resolves Possession of Class A Charge.

August 28, 2025
Leaving the Scene of Property Damage
Clerk Magistrate Hearing
A hardworking pharmaceutical professional was cited for leaving the scene of an accident. While driving alone on a Sunday afternoon, he did almost strike a vehicle and came to a skidding stop. He was sure that he did not strike this car, despite her claim that there were marks in her bumper. Words were exchanged that were inflammatory according to the other person. In the end, he left the scene and eventually received a citation in the mail. As he was a prior client, he called Attorney Barabino right away who told him to bring the citation to the court within 4 days as that would permit him a magistrate hearing review to determine probable cause before the issuance of the criminal charge. He did that and was permitted an eventual hearing before the issuing police department and a neutral and detached court magistrate. At the hearing, Attorney Barabino presented a background memorandum and affidavit detailing necessary facts and background. He then swore in his client who, testifying with supporting photos and documentation of why there was no contact with the other vehicle and as a result, court should not move forward. The court agreed and Attorney Barabino client was successful in proving that there was no contact made.
RESULT: No Probable Cause Found, Case Dismissed. No Evidence of Any Court Involvement.