Recent Cases

March 7^th 2017
Assault and Battery with a Dangerous Weapon
Client was a married and accomplished professional with no prior record. A conviction or admission to charges of Assault and Battery With a Dangerous Weapon would have been catastrophic to his career path. After consultation with all parties, an agreement was reached invoking a marital privilege the day of trial.
Result: ALL CHARGES DROPPED at day of trial

March 2^nd 2017
Violation of Probation
Client had been on probation in two different courts for two separate felony charges. During her time on probation, she failed to meet with her probation officer and disappeared for more than two years. She was living out of state and had multiple holds for court warrants for her arrest. Fortunately, client turned her life around, by getting off drugs and staying clean. She coordinated with Attorney Barabino, who planned her arrival to the courts and probation department, resulting in both her cases having warrants removed, no jail time, no convictions, and dismissals.
Result: WARRANTS RECALLED, PROBATION DISMISSED AND ALL CHARGES DISCHARGED, NO CONVICTIONS, NO JAIL

February 27^th 2017
Electronic Message, Operator Send/Receive
Leave Scene of Personal Injury
Leave Scene of Property Damage
Client was alleged to have operated a motor vehicle, made contact with another vehicle, and left the scene of the incident in question. The impact of the accident caused the other driver, who was pregnant, to collide with a property structure so hard that she had to be extracted from the wreckage with the assistance of the police and fire department. After a year-long examination of all potential defenses, Attorney Barabino negotiated a plea without jail time and no conditions of probation.
Result: Leaving the Scene of Personal Injury, NO JAIL AND NO CONDITIONS WITH PROBATION, Texting while Driving, NOT RESPONSIBLE, NO RESTITUTION.

February 21^st 2017
Intimidation of a Witness
Assault and Battery with Serious Injury
Reckless Endangerment of a Child
Assault and Battery
Assault and Battery on a Pregnant Person
Client was a hardworking married professional. According to police, he had abused his wife over a period of several years. Most recently, the police claimed that he stabbed her hand with a knife. She was injured in such a way that her hand required surgery. The Defendant was held without bail, pursuant to the Dangerous Statute (58A). After the 58A hearing was held, Attorney Barabino was retained. Attorney Barabino sought to have the prior judge reconsider a prior decision and that decision was reversed. However, the defendant was indicted on all counts. After litigating the case for nearly a year, a motion to dismiss the charges was filed. In or about the same date, a non-binding marital privilege entered. Eventually, a decision was made by the District Attorney to Nolle Prosequi -which means to dismiss the charges and close the case with no admission of wrongdoing of any criminal act.
Result: Motion to Dismiss filed, CASE DISMISSED, Marital Privilege.

February 14^th 2017
Client was a building manager who was trying to rebuild his life after pleading guilty to the charge of rape of a child. His charge was for statutory rape, meaning a consensual, but illegal (due to age) relationship existed between client and complainant. For a variety of reasons, the SORB determined a LEVEL III was proper for his offense. Attorney Barabino successfully appealed the decision and the result, after a hearing, was a reduction to a LEVEL II.
Result: SEX OFFENDER LEVEL LOWERED FROM LEVEL III TO LEVEL II.

January 25^th 2017
Vandalizing Property
Client was an outstanding young man and college student, who was alleged to have damaged several motor vehicles with a friend of his after an evening of drinking. The police investigated thoroughly and went so far as to administer Blood/Trace evidence collection for DNA. However, none of that blood testing was necessary as Attorney Barabino was able to negotiate a disposition where the case would be dismissed and client would never admit any wrongdoing. In exchange for this deal, the defendant would agree to twenty hours of community service and agree to pay any out of pocket expenses for the damage. Felony is Dismissed.
Result: CASE DISMISSED

January 24^th 2017
Use Motor Vehicle Without Authority
Trespassing
Smart professional employed at an airport was accused of taking a person’s car without authority. According to police, client took the keys to a $205,000 Porsche that was not his. In the end, Attorney Barabino filed a Motion to Dismiss, an affidavit, and memorandum of law. All of which were allowed by the judge.
Result: Motion to dismiss, ALLOWED.

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.