Recent Cases

September 22nd 2009
2nd OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Resisting Arrest
Assault and Battery on a Police Office
Client was followed by a concerned citizen as a result of erratic driving. According to the police report, client was yelling profanities at several citizens and police. Upon an attempt to arrest client, police stated she resisted arrest and assaulted an officer in the process. Attorney Barabino negotiated a general continuance for the assault and battery charge so it would be dismissed with no record. The OUI charge was given a First Offense Disposition.
RESULT: FELONY CHARGE DISMISSED, OUI SECOND OFFENSE CHARGED AS FIRST OFFENSE

September 16th 2009
2nd OFFENSE OUI- Liquor or .08%
Client was stopped by State Police after swerving in and out of traffic. After he was stopped, the officer stated he noticed the strong odor of alcohol coming from client's breath and that he was staggering. When asked to perform a sobriety test, client stated, "He couldn't do it if he was sober". The District Attorney sought a deal which included client admitting guilt, attending a two week inpatient program, and serving a suspended prison sentence of three months in the house of correction. Attorney Barabino declined the deal and went before a judge and asked that none of the proposals the district attorney made be accepted and client be given a first offense disposition. The judge agreed with Attorney Barabino. Client's record will be dismissed if he complies with probation requirements.
RESULT: CLIENT GIVEN FIRST OFFENSE DISPOSITION

August 31st 2009
Abuse Prevention Order
Client was a young woman who was accused of harassing her ex-boyfriend and threatening him. As a result, he obtained a restraining order without her knowledge, which is allowed under the law. The law also allows for a 10-day hearing to dispute the merits of the case. Attorney Barabino opposed the order and presented evidence with client and supporting witnesses. After the hearing, the judge denied the boyfriend's request for a restraining order and order was vacated in client's favor.
RESULT: 10-Day Issue of Restraining Order DISMISSED.

July 8th 2009
Negligent Operation of Motor Vehicle
Racing Motor Vehicle by Licensed Operator
Marked Lanes Violation
Speeding in Violation of Special Regulation
According to the State Police report, client was observed driving his Dodge Challenger sideways in heavy traffic, reaching speeds of 85 miles per hour. The officer further stated that client and another vehicle pulled up side by side, slowing down and repeating earlier behavior. After observing continued fishtailing, sideways swerving, and apparent loss of control, the officer charged client with the above charges. Attorney Barabino began negotiating with the District Attorney early in the case, since the act was supposedly witnessed by the officer. After a close examination of the language of the statute regarding Drag Racing, an agreement was made which allowed for the charge of Racing a Motor Vehicle to be simply dismissed, no payment required for civil offenses, and administrative probation for the Negligent Operation of a Motor Vehicle, with assurance of dismissal if no further violations. In addition, no license suspension resulted from client's actions.
RESULT: Racing Motor Vehicle Charge DISMISSED

June 17th 2009
Receiving Stolen Motor Vehicle
Client was charged with receiving a stolen motor vehicle after police made a random stop of the Defendant while he was traveling with friends. The police knew client, as he had been convicted of robbery years ago and other miscellaneous minor offenses. Once the vehicle was stopped, it was determined that it had been stolen and all the parties involved were subsequently arrested. At trial, the Commonwealth was unable to locate a necessary witness and the case was consequentially dismissed.
RESULT: CHARGE DISMISSED

June 2nd 2009
Assault and Battery
Intimidation of a Witness
Client had been charged with Assault and Battery (misdemeanor) and a felony charge of Intimidation of a Witness. According to police and the testimony of client's girlfriend, client waited outside until his girlfriend came to the door. When opened, he pushed her and threw her into a table and a fight ensued. The complainant had injuries and was taken away in an ambulance and seen at the emergency room. During the fight, the District Attorney placed several witnesses on the stand that supported her allegation that client attempted to impede her attempt to call police. After trial, the jury found the defendant guilty of Assault and Battery and Not Guilty of the felony charge.
RESULT: FELONY CHARGE NOT GUILTY

May 13th 2009
Probation Violation/Surrender
Violation of Abuse Prevention Order
Client was alleged to have violated a restraining order with his soon to be ex-wife. The defendant was charged with two separate counts of violation of a restraining order. In addition to being charged with the two separate criminal counts, he was also violating his probation requirement for a separate domestic abuse charge. At the trial, Attorney Barabino had client's wife disqualified as a witness and as a result, both cases were dismissed. After the two cases were dismissed, the defendant's probation officer sought to have him found guilty and committed to a house of correction. Attorney Barabino moved for a hearing on probation, which was organized. After the hearing, the Defendant was re-instated on his same terms, no additional consequences and no jail time.
RESULT: BOTH CASES DISMISSED, PROBATION REINSTATED WITH NO ADDITIONAL CONDITIONS

April 1st 2009
Assault and Battery with a Dangerous Weapon on a Person over Sixty (60)
Client was alleged to be harassing her grandmother for money. The grandmother pushed client out of her bedroom, but client attempted to force her way into the bedroom until the door smacked the accuser in the breast, causing her discomfort in part, because she had just had surgery. The accuser had been on the phone with another family member, and that family member called 911 to report the incident. The parties explained to police what occurred and defendant admitted to pushing the door into the accuser. At trial, the defendant's grandmother and mother testified against her, but the determination by a judge, applying the facts to the charge, issued a verdict of not guilty.
RESULT: NOT GUILTY