Recent Cases

January 5^th 2017
Criminal Procedure Rule 30: Post-Conviction Relief- New Trial
Drug, Possession Class B (Cocaine)
Client was a hard-working business owner and professional who sought to undo a past mistake. Years ago, after having been found guilty of possessing cocaine, he wanted to reverse that conviction. His contraband had been tested by a known, discredited lab chemist. The result was that a good faith basis to reverse the conviction was filed with an affidavit, memorandum, and certified supporting documentation. That package was filed with the court, and a hearing date was scheduled. In the interim, Attorney Barabino met with the District Attorney who was in agreement with his request. The Commonwealth did not file opposition. In the interest of justice, the motion for a new trial was allowed, and the case was dismissed.
RESULT: Motion for New Trial, ALLOWED, CASE DISMISSED.

December 23^rd 2016
Accessory After the Fact for Murder
Intimidation of a Witness
Client was a young lady believed to be a key witness to a murder. Attorney Barabino reviewed various pieces of discovery and evidence. Compiled background, interview of client, and advise for decision-making.
RESULT: GRAND JURY REPRESENTATION, FIFTH AMENDMENT REPRESENTATION

December 20^th 2016
Assault and Battery
Client was a hard-working veteran and full-time US Army serviceman. He was charged with assaulting and battering his soon to be ex-wife. Conviction of such a crime would seriously threaten his military career. Fortunately, Attorney Barabino was able to cleverly find away around the charges. After an investigation, it was determined that the accuser appeared to have broken some laws. Attorney Barabino began the process for filing for a hearing to issue criminal charges against the accuser. The paperwork was filed and hearing was eventually held. At the conclusion of hearing, magistrate agreed with Attorney Barabino that charges should be filed against the accuser. A trial date was set but because charges were filed against accuser, she would incriminate herself if she testified. Both cases were consequently dismissed.
RESULT: Cross-complaint issued. Charges DISMISSED.

December 8^th 2016
United States District Court Violation Notice Possession of Class “D”
United States District Court Violation Notice Providing Alcohol to Minors
Client was a respectful young man who lived at a military post. As a non-military member, he was cited for two criminal infractions. Those infractions fall under of jurisdiction of the federal court. Attorney Barabino entered into discussion with the military prosecutors well before the hearing. The prosecutors were professional and smart and knowledgable about the details of the case. In the end, given all the factors, a non-criminal disposition was entered whereby the client would pay $850 and no criminal record or entry would occur (AKA: a forfeiture of collateral). The case was dismissed with no criminal record.
RESULT: CASE DISMISSED WITH NO CRIMINAL RECORD

November 29^th 2016
2nd OFFENSE OUI- Liquor or .08%
Open Container
Client was a federal employee who was charged with a Second Offense OUI. He was alleged to have driven over some lawns and subsequently have failed a sobriety test. He also had an open bottle of vodka. His breath test was almost four times the legal limit. Client entered detox, voluntarily, prior to entering plea before the court. At the client's court hearing the Commonwealth asked for a jail sentence with a mandatory two-week impatient program. They also sought a two-year loss of license. After a plea hearing, the judge sided with Attorney Barabino and granted the client a first offense plea, despite being his second offense.
RESULT: First Offense OUI, CONTINUED WITHOUT A FINDING (CWOF), Plea for Second Offense OUI, OPEN CONTAINER NOT-RESPONSIBLE.

November 2nd 2016
Drug, Possession to Distribute Class D
Drug Violation Near School/Park
Client was a young man in high school who was charged with distribution of marijuana in a school zone. After an investigation and digestion of the discovery and facts, a motion to dismiss was filed. The motion detailed the facts, the law, and argued how the case should be dismissed. The lengthy memorandum was filed and discussions with District Attorney additionally held. In the end, the hard working and professional district attorney agreed to simply dismiss the charges. All charges dismissed.
RESULT: Motion to Dismiss, FILED, CASE DISMISSED.

October 28th 2016
Shoplifting by Asportation
Client was a young man who stole and was caught doing so. He admitted to doing what he did, but felt embarrassed and apologetic. Fortunately, he was given a clerk magistrate hearing. He hired Attorney Barabino, who took him to the hearing and acknowledged his wrongdoing and asked for consideration. The police and court determined that based on various factors that they would not issue the charges. No complaint to issue. Never appears on a record.
RESULT: NO COMPLAINT TO ISSUE

October 7^th 2016
Drug, Possession to Distribute
Drug, Possession to Distribute
Client was caught with a significant amount of Percocet, Suboxone and Cocaine. In addition, he was found with over $1000 in cash hidden away in a secret stash. After various motions were litigated and experts consulted, a last minute plea agreement was made where client would be on probation for 18 months with no jail time, and have no probation obligations such as drug testing or outpatient treatment. Client needed this outcome as he has a young child and employment obligations which would have conflicted with any other, more stringent requirements like jail time. Moreover, client had been convicted of distribution on prior occasions.
RESULT: Administrative Probation, NO CONDITIONS OR OBLIGATIONS AND NO DRUG TESTING