Recent Cases

April 29th 2010
Drug, Possession Class B (Cocaine)
Resisting Arrest
According to police, while on patrol in a high-crime area, they noticed a person transfer something to client. The other individual was person of high interest because of unsubstantiated allegations of prior drug dealing. Police asked defendant what he was doing and what was in his hand. He showed police the other hand and after repeated questioning from police he assented to their request and showed them a small baggie of cocaine. Client was irritated and according to police resisted arrest when they attempted to place the cuffs on him. Attorney Barabino challenged the constitutionally of the search. A hearing was scheduled, and the officer testified to what he saw and when he saw it. Attorney Barabino crossed-examined the officer challenging his observations and actions during the arrest. After the hearing and supplemental legal memorandums, the judge ruled that any evidence that was seen after the initial arrest cannot be used at trial, and a dismissal will be the only remedy for the District Attorney. Although the District Attorney seeks to have an appellate court review the judge’s findings, it was inevitable that this case would be dismissed.
RESULT: Motion to Suppress, ALLOWED, CASE TO BE BE DISMISSED

April 29th 2010
Larceny over 250.00
According to the police report, client was caught by store security stealing several items totaling over 250.00 (a felony charge). Client admitted to police her wrongdoing, and the evidence was obvious and glaring. Negotiation with the District Attorney was the only option. However, the District Attorney sought the maximum sentence of two years in the house of correction sentence committed. Committed means that the Commonwealth wanted her to be in jail with no suspended sentence or probation. The probable harness to their recommendation was the result of the client’s prior record of similar offenses with committed jail time. Attorney Barabino took the client before a judge asking for straight probation (administrative). Administrative probation would allow her not to have to meet with a probation officer or need the fulfill any related requirements. After Attorney Barabino explained the client’s background, history and previous road to rehabilitation, and as a result, he decided to accept Attorney Barabino's request for one year of probation---no jail time and no probation requirements.
RESULT: NO TWO YEAR HOUSE OF CORRECTIONS JAIL SENTENCE.

April 6th 2010
Assault and Battery
According to police, there was a call from a despondent female. The female alleged that she went to client's home, and when she was at the home they got into a verbal argument. She told the police that when she went to leave the apartment he grabbed her wrist and twisted it as he escorted her out of the apartment. Attorney Barabino and his client decided there was no disposition other than not-guilty or a dismissal that would be acceptable, since he denied ever using excessive force. After the necessary pre-trial preparation and defense investigation, the case was marked ready for trial, and on the day of trial, the Commonwealth agreed to dismiss client's case against him and at the same time enter a mutually satisfying disposition in a separate case involving the same parties in which the client was the victim.
RESULT: CASE DISMISSED

March 3rd 2010
Assault with a Dangerous Weapon
According to police, client was alleged to be drinking around a fire in a backyard when he grabbed a cinder block and threw it at a fellow partygoer’s jaw. The impact of the cinder block resulted in knocking the person unconscious and leaving him with a deep laceration on his chin. As a result of client’s actions, victim’s friend came to his aid and began punching client in his face. The repeated blows to victim's face resulted in a broken nose and loss of blood. The police also maintained that client was physically able to retaliate against victim’s friend by hitting him with a chair. After this chaotic event, client was charged with the above crimes. After arraignment, Attorney Barabino filed charges against the other two parties. The application for charges was denied by the clerk of the court. Attorney Barabino filed an appeal and his appeal was successful for one of the two other involved parties. The case proceeded forward to trial. At trial, one of the two parties was unavailable, resulting in a dismissal of one of the charges. Regarding the second charge, Attorney Barabino’s client asserted his Fifth Amendment right. The other party responded by doing the same. The result of the process resulted in both charges against client being dismissed.
RESULT: CASE DISMISSED

February 25th 2010
Negligent Operation of Motor Vehicle
According to police, client traveled through a red light. After proceeding through the red light, client traveled past a cross walk while a pedestrian was attempting to cross the street. After this was witnessed by the police, officer stopped the client and charged him with the above crime---as well as reporting him as an immediate threat to the Registry of Motor Vehicles—thus resulting in an automatic license suspension. Attorney Barabino entered into numerous negotiation sessions with the District Attorney prior to arraignment. After an agreement of the terms, Attorney Barabino walked into court and brought the case to conclusion on the same day. The result was an imposed pre-trial probation for only twelve months. Client admits to no wrongdoing as long as he successfully complies with the terms of his pre-trial probation. The case will be dismissed with no repercussions for client's record.
RESULT: CASE DISMISSED

February 17th 2010
Assault and Battery
Threats to commit a crime
Intimidation of a Witness
Disturbing the Peace
Client was charged with the above charges after police alleged that a person reported that his girlfriend had been choked by him earlier in the evening. During this alleged event, it was reported to police that the defendant kicked her door resulting in damage. The value of the door was estimated to be worth nearly $1000. The girlfriend was also charged for her conduct during the police investigation. Attorney Barabino was able to negotiate a dismissal for three of the four charges, since the victim was unavailable to testify due to her charges. With the girlfriend fully participating with the defense, Attorney Barabino placed the remaining charge on for a trial before a judge. At the trial, the required witness did not appear, and as a result, a dismissal was requested and granted by the judge.
RESULT: ALL CHARGES DISMISSED, NO REQUIRED RESTITUTION FOR DAMAGED DOOR

January 8th 2010
Probation Violation/Surrender
Client was on probation with an eighteen month suspended sentence when the Probation Department issued him a violation as a result of a new charge. Client was released during the period of the initial violation notice and the final hearing, as opposed to being held in custody. During the period of the initial hearing and the final hearing, Attorney Barabino investigated the facts of the violation, which were leaving the scene of property damage. After investigation and negotiation with Probation, it was clear that with certified documentation client could not have been the operator of the vehicle. Probation agreed to withdraw the violation.
RESULT: PROBATION AGREES TO WITHDRAW VIOLATION.

December 7th 2009
Negligent Operation of Motor Vehicle
Racing Motor Vehicle by Licensed Operator
Marked Lanes Violation
Speeding in Violation of Special Regulation
Client was prominent German business executive, who, according to police, was driving intoxicated nearly four times the legal limit. After police identified what was termed as erratic operation, client was pulled over by police and asked to perform a sobriety test, which they said he failed. After an arrest, Attorney Barabino negotiated with the District Attorney and appeared before a judge with his client who allowed the agreed upon disposition. In addition, the judge allowed Attorney Barabino’s request for his client to have a permanent waiver for international travel. Within forty- eight hours of his arrest client was on a plane to Switzerland with his case disposed.
RESULT: NO CONVICTION, SHORTEST PROBATION ALLOWED BY LAW