Recent Cases

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.

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.

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

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

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.

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.

February 14, 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 classification 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, 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. The felony is dismissed.
Result: CASE DISMISSED