Recent Cases

March 5, 2015
Unarmed Robbery
Assault and Battery
Client was charged with Unarmed Robbery and Assault and Battery. According to police, a man called police and said three people just beat him up and robbed him. Unfortunately for the defendant and two friends, they had been walking down the street from a party just a few blocks away. Initially, police found money in their pockets similar to what had been taken, blood on one person's shirt, and positive identification from the victim. However, soon it became clear that they were victims themselves as a large party of similar looking people had just concluded. There was no blood and the money was simply their own. Nevertheless, the case proceeded through the court system. The police testified at a hearing that the young men were all friendly and respectful. Prior to trial, Attorney Barabino and counsel for his two co-defendants petitioned to suppress the identification—as it was simply the wrong one, or a misidentification. Ultimately, that motion was partially allowed and the District Attorney elected to dismiss all charges.
Result: Motion to Suppress, ALLOWED (In Part), Case DISMISSED.

December 2, 2014
Possession to Distribute Class D
Client was a passenger in a motor vehicle with his friends. They were also under the eye of a special response unit or a specialized anti-drug investigation unit. That unit converged on the vehicle and confiscated nearly 100 grams of marijuana, scales, ledgers for recording transactions, and over $1000 in cash. Attorney Barabino challenged the motor vehicle stop via a motion to suppress evidence. Once that motion, affidavits, and memorandum of law were filed, the police were brought into court for a hearing. The court issued a decision after a month’s wait indicating that the evidence should be thrown out. As a result, the case was dismissed.
Result: Motion to Suppress All Evidence, ALLOWED. CASE DISMISSED.

October 21, 2014
Permitting Unlicensed Operation of a Motor Vehicle
Client was a hard-working kindergarten teacher who allowed her husband to drive her motor vehicle without a license. He has since obtained his permit, and upon providing verification of a full and authenticated license, this matter will be closed. No complaint ever issued.
Result: APPLICATION FOR COMPLAINT DISMISSED, PRIOR to Any Arraignment.

October 17, 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 the client. A clerk-magistrate hearing was ordered and at the hearing the 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, 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 a 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'S REQUEST FOR LESS PROBATION.

October 9, 2014
License Restriction, Operate Motor Vehicle
Ignition Interlock, Operation Without
According to police, the 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, 2014
The Sex Offender Registry Board (SORB) categorized the 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 is employed. 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 the 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, 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 the officer's 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 the civil portion of the claim were paid was allowed.
Result: Application for Criminal Complaint, NOT ISSUED.