Recent Cases

July 21, 2016
Sex Offender Registry Board
Client was an older gentleman who was successful in every aspect of his life. However, abuse of alcohol led him to act on sexual impulses. He was represented by another counsel at a plea in state court for sexual abuse. Shortly after his plea, he was instructed to register as a LEVEL II offender. Attorney Barabino and client sought to challenge the LEVEL II designation. After thorough preparation and review, a hearing was scheduled. At the hearing, Attorney Barabino and client made their case to the SORB official. After months of waiting on the final decision, the SORB reclassified the client to Level I, which allows him to avoid public dissemination of his status.
Result: SORB sex offender level reduced from LEVEL II TO LEVEL I

July 14, 2016
Unlicensed Operation of a Motor Vehicle
RMV Signature, Forge, Misuse Section
Speeding in Violation of Special Regulation
Client was a chief who was charged with driving on a false license, doing so illegally, and speeding. He was an otherwise reputable member of the community. Charges were negotiated and resolved in just two court appearances. Client paid a court fee at the conclusion of the matter in court and left no record for an employer or immigration.
Result: Charge of Unlicensed Operation & Speeding, DISMISSED, NO FINE. Forging RMV signature, DISMISSED on $250.00.

July 12, 2016
Assault and Battery
Client was a hard-working electrician accused by a family member of assault and battery. The family member was relentless in her pursuit, alleging long-term abuse. In this event she alleged that long-term abuse by an alcohol-abusing family member resulted in a bruise on her leg and PTSD. After intensive discovery pursuits of relevant materials, the case was scheduled for trial. On the day of trial, a last-minute deal was struck whereby the defendant was to admit to “sufficient facts” for the charge and agree to be on probation for a period of a year. He would also complete an anger management program and alcohol screens—only if an independent evaluator determines he has a problem with alcohol. Otherwise, if the conditions are met, after one year, his case will be terminated with a dismissal.
Result: Assault and Battery, CONDITIONAL PROBATION WITHOUT GUILT.

July 7, 2016
Deface Property
Client was a hard-working rug maker who had recently suffered immense hardships. Those hardships culminated in him developing a severe alcohol problem. After he drank one time, he took out his aggression on a neighbor's vehicle, breaking the glass. His legal concerns included penalties, immigration consequences, and a criminal record. After a few court dates, an investigation, and consultation with the very responsive district attorney's office, an agreement was made to allow the case to be dismissed, as long as any out-of-pocket costs were paid.
Result: Deface Property, DISMISSED, In three months, NO ADMISSION TO WRONGDOING.

June 28, 2016
Assault and Battery on a Police Officer
Resisting Arrest
Disturbing the Peace
Client was a hard-working waitress who was in a car accident. Police responded to the accident. There was a dispute as to what happened next, however, the defendant ended up being charged with assault and battery on a police officer, resisting arrest, and disturbing the peace. When police arrived, she was not comfortable with the officers that arrived so she called the police on the police. At that moment, police entered into a struggle with the defendant. The struggle ended up with the defendant on the ground and her being charged with assault on a police officer. Also, the client had two previous charges and admissions to assaulting and battering a police officer in the past. This case went to trial. The experienced district attorney saw that Attorney Barabino was ready and a trial was unavoidable. It was either dismiss the case or a trial. Defense would accept nothing less. Within moments before starting the trial, the district attorney agreed to simply dismiss the charge of assault and battery if the client would take a six-month probationary period on the remaining two charges. The probation for the remaining two charges was a “CWOF”, which means continued without a finding, so that at the conclusion of the probationary period the two remaining charges would be dismissed. No criminal record for Assault and Battery on the officer.
Result: Assault and Battery on a Police Officer, DISMISSED. REMAINING CHARGES DISMISSED UPON CONDITIONS OF SIX MONTHS UNSUPERVISED PROBATION.

June 21, 2016
Assault and Battery
Client was a hard-working musician who was accused by his friend of assaulting and battering him. Although there was physical contact involved by the defendant, it was the accuser who was the first aggressor, as the client recalled it. Also, it was clear that the friend did more damage than the client did. Client's defense was self-defense. With client prepared, a trial date was eventually scheduled, at which time the district attorney declined to prosecute the case presumably after hearing from an uninterested accuser. Case dismissed.
Result: ALL CHARGES DROPPED

June 20, 2016
Assault and Battery with a Dangerous Weapon
Assault and Battery
Client was accused of fighting an adult and using a knife. Client claimed he defended himself and never possessed the knife. Opposing party called police first, so the client was targeted by police, using all resources they had available. Those resources included detailed video interrogations, DNA analysis, fingerprint analysis, as well as out-of-court identification processes. After challenging the detailed and professional job of the prosecutor for nearly a year on various points, a motion to suppress the out-of-court identification was filed and a hearing date was set. At the hearing, the District Attorney agreed that the motion should be allowed and that it was dispositive to the case. Case dismissed.
Result: ALL CHARGES DROPPED, MOTION TO SUPPRESS.

June 9, 2016
Assault and Battery
Client was a hard-working mechanic who was accused by his ex-girlfriend of assaulting and battering her. It was an unfounded accusation. There had been a verbal argument and the uninjured girlfriend made various statements to police. The stories she told police were inconsistent and damaged her already questionable credibility. A trial date was set. The accuser failed to appear so the court had little option but to allow Attorney Barabino’s Motion to Dismiss.
Result: Charge of Assault and Battery, DISMISSED.