Recent Cases

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
Vandalizing Property
Vandalizing Property
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 $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 allowed by 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.

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.