Recent Cases

October 17^th 2014
Assault with a Dangerous Weapon
Client was a hardworking cleaner with three children. She had a boyfriend who had a hard time letting go of their relationship and accused her of waving a knife at him. The police performed a thorough investigation, which was helpful to client. A Clerk's Hearing was ordered and at the hearing Clerk declined to issue the complaint. Although the hearing lasted fifteen minutes or less, Attorney Barabino and client had prepared nearly an entire day's worth of effort collecting documents and interviewing witnesses. In the end, the Complaint did not issue.
RESULT: NO CRIMINAL COMPLAINT ISSUED.

October 10^th 2014
OUI - Liquor or .08%
Client was a hard working government employee with no criminal record. According to police, he rear-ended another vehicle and was given sobriety test, which they say he failed. Client took a Breathalyzer test and registered over twice the legal limit. Attorney Barabino consulted with his client very early, who simply sought to be walked through the process as efficiently and inexpensively as possible. The District Attorney sought an 18-month probation period but after a hearing, the court allowed the defendant's request for a one year period instead.
RESULT: COURT ALLOWS DEFENDANT REQUEST FOR LESS PROBATION

October 9th 2014
License Restriction, Operate Motor Vehicle
Ignition Interlock, Operation Without
According to police, client was driving an unregistered vehicle with a bad inspection sticker when police pulled him over. Upon review, they determined that he did not have a legally required Breathalyzer machine installed in his vehicle, which is a mandatory 6-month jail sentence with no parole, probation, or suspended sentence. Client understood that jail was nearly unavoidable but regardless he underwent intense preparation for trial with Attorney Barabino. At the first trial date, the Commonwealth was unable to secure a necessary witness, so another date was selected. On, the second trial date, the Commonwealth was unable to secure a necessary witness from the Registry of Motor Vehicles (RMV), leaving them with limited options. The result was, after consultation, a full dismissal of the mandatory jail sentence.
RESULT: Mandatory Jail Sentence, DISMISSED.

October 8^th 2014
The Sex Offender Registry Board (SORB) categorized client, a young incarcerated man, as a Level III Sex Offender. The Level III status is devastating to the offender, since it requires active public notification of wherever the offender lives and employs. In the present case, Attorney Barabino had assembled all the relevant documentation for presentation to the SORB Board. After careful consideration, it was assumed that the most impactful and meaningful way to present the case of the offender was for him to testify, which he did with Attorney Barabino. After several weeks of waiting for the written decision, all the parties were notified that client was reduced to a LEVEL II status--thereby not requiring public notification of his crimes.
RESULT: LEVEL III SEX OFFENDER STATUS REDUCED TO LEVEL II.

October 2^nd 2014
Negligent Operation of Motor Vehicle
Marked Lanes Violation
Client was a hardworking web-programmer. She was driving her motorcycle on the state highway in a reckless manner at speeds exceeding 100 mph. When pulled over by police, she immediately complied with officer order to stop, and was apologetic. Despite her apologies, the professional and respectful trooper issued her a criminal summons, and appropriately so. Based on a number of factors, including client’s background and history, Attorney Barabino’s request to have the criminal charge be stayed and not go forward if civil portion of the claim were paid was allowed.
RESULT: Application for Criminal Complaint, NOT ISSUED.

September 27^th 2014
Larceny over $250.00
Client was a radio personality who was also a trustee of his condominium. In his role as trustee, he borrowed money without authority and failed to pay his personal condominium fee. The result was that he owed the the condominium board close to $25,000. The police were called and interviewed client. Client admitted that he owed funds. In the end, a significant effort was made by many people over nearly eight months to enter into an agreement whereby a promissory note attached to client's own mortgage would ensure that the funds are paid back. Police were willing to allow the parties to make the agreement without applying for a criminal complaint or indictment.
RESULT: Client pays back $24,248.68 via payment plan, NO COMPLAINT TO ISSUE.

September 26th 2014
Drug, Possession Class B (Cocaine)
Conspiracy to Violate Drug Law
According to police, while on patrol in a high-crime area, they noticed what they believed to be a drug transaction. They produced a lengthy police report, which detailed their observations. However, in the end, Attorney Barabino and his client were confident that they could prove an illegal search and seizure. That confidence was actualized when an agreement was reached without even having a hearing, whereby the Conspiracy charge would be dismissed outright and the possession would also be dismissed upon payment of a $150 penalty.
RESULT: Class “A” Drug Possession and Conspiracy, DISMISSED.

September 25^th 2014
Larceny over $250.00
Larceny over $250.00
Larceny over $250.00
Shoplifting
Larceny under $250.00
Larceny under $250.00
Client was pursuing his Masters in Business Administration (MBA) out of state. Prior to him enrolling in his program, he had been employed at Nordstrom’s department store. While employed at the store, he became involved with several others in taking items from the store that didn’t belong to them. The arrangement was complex, so the investigation was consequentially extensive and detailed. The charges were, in part, felonies, which was simply unacceptable for someone who intended to have a future as a professional. The District Attorney sought guilty convictions. Attorney Barabino brought the matter before a judge and the judge agreed with Attorney Barabino. Client convictions would be dismissed if defendant were to pay back the $4800.00 within eighteen months. Also, the court allowed defendant's probation to be administrative so he would not have to physically appear in the courthouse and could leave to attend his out of state MBA program.
RESULT: NO FELONY CONVICTION, Upon Completion of Probation, ADMINISTRATIVE PROBATION ALLOWED.