Recent Cases

March 25, 2008
Armed Robbery
The client, a fifteen-year-old, was out on a "Liberty Pass" from his commitment to the Department of Youth Services when he was indicted as a youthful offender on two counts of Armed Robbery with a knife. The case involved several youths and took place over the course of nearly two years. Attorney Barabino and his client worked together to rebut the accusation made against him and prepare for trial. Trial preparation included gathering defense witnesses and their preparation, compiling a review of trial transcripts, defense investigation of several people, and related trial rehearsal for a potential penalty that had the potential to include decades of imprisonment if convicted. After several trial dates, the court and the Defense were ready, and the District Attorney was ready to proceed. However, before the jury was sworn in, Attorney Barabino requested that the judge have a third attorney interview an accuser in the case to see if his testimony would incriminate him under the Fifth Amendment to the U.S. Constitution. After consulting with a third party attorney, the client sought not to testify, leaving one additional accuser who did not appear for unknown reasons.
Result: CASE DISMISSED

March 20, 2008
Possession with Intent to Distribute Cocaine
The client, a fifteen-year-old, was out on a "Liberty Pass" from his commitment at the Department of Youth Services when he was charged with Assault with a Dangerous Weapon. The police report alleged that the client fired a weapon at the accuser and his girlfriend. However, the defense investigation discovered facts to the contrary. After an examination of the forensic evidence, review of 911 transcripts, fingerprint evidence, and a search warrant, the defense knew that not only was the client innocent, but it could be proven at trial. The young man was potentially facing several years of incarceration since he was indicted as a Youthful Offender. The defense answered ready for trial, but with limited evidence at their disposal, the Commonwealth was not positioned to proceed.
Result: CASE DISMISSED

March 17, 2008
Probation Violation/Surrender
The client, a man in his late thirties, was accused of stalking a girlfriend of nearly seven years. Additionally, he was on probation with a three-year suspended sentence for violation of a restraining order against his stalking accuser. The District Attorney sought to take him into custody under the dangerous statute (58A) and ultimately incarcerate him. Attorney Barabino moved to have a full hearing, and the judge agreed that the 58A should be dismissed. However, probable cause was found for a probation violation and the client was held in custody. The client was re-probated with no additional prison time and two of three probation violations dismissed. The stalking charge was pled with a CWOF disposition and will be dismissed when the client finishes probation. Upon completion of probation, new charges would be dismissed and probation completed with no additional prison time after hearing.
Result: TWO OF THREE PROBATION VIOLATION CHARGES DISMISSED, CONDITIONAL DISMISSAL OF OTHER CHARGES

March 11, 2008
Assault and Battery with a Dangerous Weapon
Intimidation of a Witness
Assault with a Dangerous Weapon
The client, a smart, hardworking immigrant working toward finishing school and applying for citizenship, was accused by police of multiple violent actions. The accusation included multiple counts of Assault and Battery with a Dangerous Weapon (mostly household items), two counts of Assault and Battery, one count of Assault, and one count of witness intimidation. Attorney Barabino worked closely with the client very early in the process, and all parties went to court over the accusations. After a Fifth Amendment privilege was invoked at Attorney Barabino's request, the charges were dropped.
Result: CASE DISMISSED

March 6, 2008
Malicious Destruction of Property
The client was charged with driving a vehicle that shot paintball pellets at another vehicle. Three people in total were charged with the same offense. The other two defendants admitted to the crime and were given probation. Attorney Barabino and his client went to trial, and the case was dismissed.
Result: CASE DISMISSED

February 22, 2008
Possession with Intent to Distribute Cocaine
The client, a fifteen-year-old, was out on a "Liberty Pass" from his commitment at the Department of Youth Services (DYS). According to police, he had sold drugs to several individuals. Unknown to him, the several individuals were part of an organized drug task force which included the Federal Bureau of Investigation (FBI), State and local police, as well as sheriff's deputies. With overwhelming evidence against the client, Attorney Barabino began negotiations. The young man was facing several years since he had been indicted as a youthful offender. The Commonwealth sought several years in prison, but Attorney Barabino successfully persuaded the judge to accept a commitment to the Department of Youth Services (again) until he was 21 and a suspended sentence at the house of correction.
Result: NO STATE PRISON TERM. Allowed to attend the Department of Youth Services until 21 with suspended sentence for one year. Likely DYS release home within 5-8 months.

February 14, 2008
Aggravated Assault and Battery on a Pregnant Woman
The client was charged with Aggravated Assault and Battery on a pregnant woman. The accuser had made several allegations that the client beat her and her child. Refusing to accept any disposition except dismissal, the client and Attorney Barabino prepared for trial and answered ready. The Commonwealth then realized they did not have enough evidence to prosecute, and the case was consequently dismissed.
Result: CASE DISMISSED

January 30, 2008
Unlawful Drug Possession
The client was sitting in his vehicle at Walgreens when police were called by an "anonymous tipster" claiming he was selling prescription drugs. When police pulled him over, they did in fact find that he had narcotics. Attorney Barabino challenged the constitutionality of the stop by police since the "tipster" was not properly identified. After the hearing, the judge filed his decision supporting Attorney Barabino's theory. The drugs were suppressed and the case was ultimately dismissed.
Result: Motion to Suppress, ALLOWED, CASE DISMISSED.