Recent Cases

December 23, 2016
Accessory After the Fact for Murder
Intimidation of a Witness
Attorney Barabino reviewed various pieces of discovery and evidence. Attorney Barabino compiled background, interviewed the client, and advised on decision-making.
Result: GRAND JURY REPRESENTATION, FIFTH AMENDMENT REPRESENTATION

December 20, 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 a way 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 a hearing was eventually held. At the conclusion of the hearing, the magistrate agreed with Attorney Barabino that charges should be filed against the accuser. A trial date was set but because charges were filed against the accuser, she would incriminate herself if she testified. Both cases were consequently dismissed.
Result: Cross-complaint issued. Charges DISMISSED.

December 8, 2016
Federal Court Violation Notice Possession of Class “D”
Federal 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 the jurisdiction of the federal court. Attorney Barabino entered into discussions with the military prosecutors well before the hearing. The prosecutors were professional, smart, and knowledgeable 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 (a.k.a. a forfeiture of collateral). The case was dismissed with no criminal record.
Result: CASE DISMISSED WITH NO CRIMINAL RECORD

November 29, 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 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 inpatient 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.

November 2, 2016
Drug, Possession to Distribute Class D
Drug Violation Near School/Park
Client was a young man in high school who was charged with distribution of marijuana in a school zone. After an investigation and digestion of the discovery and facts, a motion to dismiss was filed. The motion detailed the facts, the law, and argued how the case should be dismissed. The lengthy memorandum was filed and discussions with the District Attorney were additionally held. In the end, the hard-working and professional district attorney agreed to simply dismiss the charges. All charges dismissed.
Result: Motion to Dismiss, FILED, CASE DISMISSED.

October 28, 2016
Shoplifting by Asportation
Client was a young man who stole and was caught doing so. He admitted to doing what he did, but felt embarrassed and apologetic. Fortunately, he was given a clerk-magistrate hearing. He hired Attorney Barabino, who took him to the hearing and acknowledged his wrongdoing and asked for consideration. The police and court determined that, based on various factors, they would not issue the charges. No complaint to issue. It never appears on a record.
Result: NO COMPLAINT TO ISSUE

October 7, 2016
Drug, Possession to Distribute
Client was caught with a significant amount of Percocet, Suboxone, and cocaine. In addition, he was found with over $1,000 in cash hidden away in a secret stash. After various motions were litigated and experts consulted, a last-minute plea agreement was made whereby the client would be on probation for 18 months with no jail time, and have no probation obligations such as drug testing or outpatient treatment. Client needed this outcome as he had a young child and employment obligations which would have conflicted with any other, more stringent requirements like jail time. Moreover, client had been convicted of distribution on prior occasions.
Result: Administrative Probation, NO CONDITIONS OR OBLIGATIONS AND NO DRUG TESTING

October 5, 2016
Rape of Child, Force
Client was living out of state when he found out that he was being investigated for rape allegations. The allegations were from nearly two decades ago. The victim was related to him, and there were various family dynamics that caused the case to resurface. In the end, no charges were filed.
Result: NO CHARGES FILED.