Recent Cases

June 1st 2016
1st OFFENSE OUI- Liquor or .08%
Marked Lanes Violation
Client was a young man who was having substantial substance abuse issues. He was in a motor vehicle accident and was clearly intoxicated. As client resided out of state, Attorney Barabino arranged for probation to be transferred and negotiated with the district attorney to resolve the matter on the same day as arraignment. No restitution needed to be paid. Not responsible on the civil citation determined. At the plea hearing, the judge sided with Attorney Barabino and granted the defendant a Continuance Without a Finding (CWOF), allowing the case to be dismissed. No drug or alcohol screens. All in same day.
RESULT: Same day PLEA, out of state OUI-alcohol, open container, NOT RESPONSIBLE

May 10^th 2016
Conspiracy to Violate Drug Law
Intimidation of a Witness
According to jail security, client, who was an inmate, was involved in a scheme to have drugs brought into the jail. He was a target because he had been involved in drug dealing before. The case was developed with great detail by the investigators. They assembled recordings of phone calls, collected physical evidence, and found a participating co-conspirator to admit to the scheme. Then yet another co-conspirator admitted to the scheme. The drugs were sent to a laboratory for testing and were positive and the case was almost ready for trial. As the case proceeded, one of the four co-conspirators plead out to a sentence; then a second co-conspirator admitted his guilt and then another plead guilty. Only Attorney Barabino’s client remained, who had no such intention to plead guilty. Although he had been involved with drugs in the past—he was not guilty and was not going to admit to being so. Soon, after a separate motion to suppress the identification was held to preserve his rights moving forward, a trial date was set. The day of trial came and the required co-conspirator to prove the crime did not appear and the case was dismissed in full.
RESULT: All Charges DROPPED/DISMISSED

April 7^th 2016
Assault and Battery
Client was a hard working painter and father to two beautiful children. He also was a long time spouse to equally pleasant woman. When he suspected she was texting a male friend, he took a glass of milk and drenched her in it. He lost his cool and he readily admitted it. There was no marriage waiver to enlist and there was no Fifth Amendment to invoke, so she was summoned to trial. At trial, the defendant's partner was interviewed by the victim witness advocate and the District Attorney. She was adamant that she was not going to participate with this prosecution. The prosecution simply agreed to dismiss the charge in its entirety, moments before the day of trial.
RESULT: Assault and Battery, DISMISSED

March 31^st 2016
Assault and Battery
Client was a young man who had an emotional outburst. Being hard to manage, his mother called the police to give him aid. When police arrived, they witnessed an assault and battery. This was not the first time the police had been to the home. Charges were filed and a clerk magistrate hearing was held to determine if there was: 1) probable cause for the charges to be officially filed; and 2) if probable cause existed could this case be deferred or resolved without criminal charges. Probable cause was found, but based on the complexity of all the issues, age of the child, and background, it was determined that charges would not go forward and none would issue.
RESULT: CHARGES NOT ISSUED.

January 13^th 2016
Second Offense OUI- Liquor or .08%
Marked Lanes Violation
Open Container
Client was a hard working human resources professional. According to police, she demonstrated concerning driving. She was pulled over by police. They stated she smelt like booze, had slurred speech, glassy eyes and problems performing field sobriety test. She took a portable breath test and scored three times the legal limit. After substantial consult and attempts to appeal her breath test refusal, a plea was sought. At the earliest date possible, client received non-jail alternative disposition.
RESULT: NON-JAIL ALTERNATIVE DISPOSITION. OPEN CONTAINER NOT RESPONSIBLE.

January 12^th 2016
Domestic Assault and Battery
Client was a hard working nurse, wife, and mother. According to witnesses, she drank a bit too much and slapped her husband several times. Department of Children and Family Services were called but declined to investigate further. At arraignment, Commonwealth sought random alcohol screens and Attorney Barabino argued they were not necessary as a condition of release. The court agreed with Attorney Barabino, and the case was dismissed at trial with a marital privilege exception.
RESULT: DISMISSAL

January 11^th 2016
Second Offense OUI- Liquor or .08%
Disorderly Conduct
Negligent Operation of a Motor Vehicle
Marked Lanes Violation
Client was stopped by police after hitting the fence of a police station. Police determined that the smell on his breath, unsteadiness and related factors were sufficient to arrest -assumption was correct. Client before had been drinking and was surprised to realize his level of intoxication was as high as it was. The biggest factor for client was accepting responsibility and getting a license back at the earliest possibility. Attorney Barabino and client were able to negotiate no jail time. Not responsible on Marked Lanes Violation. Negligent Operation Dismissed.
RESULT: Alternative No Jail Disposition, Marked Lanes, NOT RESPONSIBLE, Negligent Operation, DISMISSED.

December 10^th 2015
Negligent Operation of Motor Vehicle Chapter
Unlicensed Operation of a Motor Vehicle
Use Motor Vehicle Without Authority
Fail to Stop for Police
Super pleasant young man with great potential made a moment of bad judgment. According to police, in the early morning hours they noticed a vehicle made a civil infraction. They sought to pull the vehicle over but the driver refused. They followed the vehicle briefly. The vehicle was being driven negligently and after a brief pursuit came to a stop. Prior to arraignment, every effort was made to develop and demonstrate to the District Attorney the impressive background of the young man. In the end, an agreement was struck where he would not admit wrongdoing and the case would be dismissed in 90 days. This pre-trial probation term allows him to retain the presumption of innocence and a full dismissal of the charges.
RESULT: Case to be DISMISSED after 90 Days with NO ADMISSION OF WRONGDOING.