Recent Cases

Assault and Battery, Strangulation, 58A DANGEROUS HEARING OVERTURNED, NOT GUILTY OF ALL CHARGES

March 28, 2017
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 his ex-girlfriend for nearly a minute. The district attorney applied for and received a dangerousness hearing. Based on the 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.

Larceny over $250, GENERAL CONTINUANCE WITH PRESUMPTION OF INNOCENCE AND DISMISSAL

March 28, 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.

Assault, Threats, CASE DISMISSED AFTER ONE YEAR

March 27, 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 a night of drinking he made threatening gestures and statements, all of which were 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 forty-two-week (42-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

Solicitation, DISMISSED UPON CONDITION

March 20, 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 the 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.
Result: CASE DISMISSED, upon payment of five hundred dollars.

Animal Cruelty, LESS COMMITTED TIME ON PLEA

March 15, 2017
Animal Cruelty
Client was a hardworking father of four, with some criminal history. His roommates believed that he was abusing a dog shared with the 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 the 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.

Strangulation, RELEASED AT 58A, DISMISSED AT TRIAL

March 8, 2017
Assault and Battery
Assault with Dangerous Weapon
Strangulation or Suffocation
Client was living with his mother and had a history of various criminal offenses. At one point client's stepfather called police and filed a restraining order against him. When police interviewed the mother, she reported that the defendant had tried to strangle her two weeks prior. A dangerousness hearing was held since the District Attorney believed the defendant was too dangerous to be considered for bail. Attorney Barabino argued for release and was successful. The case moved to trial. At trial, the lack of available witnesses for the prosecution resulted in Attorney Barabino requesting and receiving a dismissal.
Result: RELEASED at Dangerousness Hearing 58A and ALL CHARGES DISMISSED AT TRIAL.

Assault and Battery w/Dangerous Weapon, DISMISSED

March 7, 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 on the day of trial.
Result: ALL CHARGES DROPPED on the day of trial

Probation Violations, WARRANTS RECALLED, PROBATION DISMISSED, ALL CHARGES DISCHARGED, NO JAIL TIME, NO CONVICTIONS

March 2, 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 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

Leaving the Scene of Personal Injury, NO JAIL AND NO CONDITIONS OF PROBATION, Texting while Driving, NOT RESPONSIBLE, NO RESTITUTION

February 27, 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 OF PROBATION, Texting while Driving, NOT RESPONSIBLE, NO RESTITUTION.

Assault and Battery, Reckless Endangerment of a Child, Intimidation of a Witness, DISMISSED

February 21, 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 hard-working 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 dangerousness 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. On 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.