Recent Cases

October 8, 2024
Possession With Intent To Distribute Marijuana
Park Zone Violation
Minor In Possession of BB Gun
Client was a pleasant and respectful juvenile arrested at a park with other juveniles with marijuana. Client searched during arrest and police locate a BB gun. Arraignment postponed on Attorney Barabino’s request. Attorney Barabino filed a motion to dismiss about 20 pages long. Procedurally, this court permits counsel to file pre-trial motion to dismiss in their discretion. The motion was filed and served before the next hearing date. Before the hearing, the The Assistant District Attorney reviewed the motion and agreed to pretrial diversion. Case will be dismissed after completion of diversion program.
RESULT: Juvenile NOT arraigned. Commonwealth agrees to pre-trial diversion. Case will be DISMISSED after completion of diversion. No criminal record.

September 17, 2024
Indecent Assault and Battery over 14 years of age
Client was a young teenager from out of state came with some family friends to a teenage game park location. According to police, his action and behavior at this location were sufficient for a felony criminal summons of indecent assault and battery on a person over 14. When client was at this location, he was interacting with another young teenager of the opposite sex. The interactions suggested some interest in her and her of him. Eventually, the client placed his hand on the thigh of the alleged victim, close to her private area. This was witnessed by the young woman’s friend. That friend told her father and father called police. The police sought to talk to the young man, but young man was already on his way to New Hampshire. The series of events that led to the particularly serious felony charge. Without delay, Attorney Barabino sought to attempt preserve all video from the event from all sources, including TikTok. He then postponed the arraignment to provide a review to determine if pre-arraignment motion to dismiss if a viable option. Upon review it was reviewed and filed and argued and the very close call, but that attempt was unsuccessful. However, he continued to advocate with all involved and after several additional court dates. In the end, an additional review of the matter by the District Attorney, they decided to not proceed with the matter and the case was dismissed prior to the scheduled arraignment.
RESULT: Indecent Assault & Battery Dismissed Prior to the Arraignment.

September 13, 2024
Threats to Commit a Crime
Client was a very responsible former Registered Nurse with no criminal record. She had a tumultuous relationship with her sister. Client’s sister made allegations that client was threatening to beat her and according to police, client said it twice. There was some credibility to the accusations, as the accuser was successful in getting a restraining order against client (which client represented herself at). The police sought criminal complaint for threats and a clerk magistrate hearing was scheduled. In preparation for ther hearing, Attorney Barabino drafted an 8-page memorandum of law, countless text messages and finally, two witnesses to testify so that the complaint does not issue. After a brief hearing, the magistrate declined to issues the complaint against client and the charges do not issue.
RESULT: Magistrate Declines to Issue Complaint for Threats Charge.

August 23, 2024
Wanton Destruction of Property
Discharge of a Firearm within 500 Feet
Client was a hard-working public professional with no prior criminal history. Recently, he had obtained a license to carry a firearm and was home manipulating the firearm while it was loaded. While doing so, he discharged a bullet into his neighbors adjoining apartment. The neighbor was not injured. Police quickly arrived and secured the area. They seized the clients’ firearms and sent him a summons. The police responding with professionalism and restraint. The took the clients firearms and charged him criminally via summons for discharging a firearm within 500 feet of a dwelling and wanton destruction of property. A motion to dismiss was filed on the wanton charge and prior to that motion being heard the District Attorney agreed to dismiss the charge if a plea on the 500 feet discharge was accepted by the judge. As for the remaining charge of discharge of 500 feet, the government requested the judge find client guilty and Attorney Barabino asked for a continuation without a finding (CWOF) that would be dismissed at the end of Probation. The judge agreed with the Defendant and did not enter a guilty verdict siding with the defense.
RESULT: Wanton Destruction Dismissed Upon Acceptance of Plea, Court Agrees with Defense for Continuation without a Finding and Not a Guilty Verdict.

August 22, 2024
Leaving the Scene of Personal Injury
Client was a very kind and responsible young man who was out drinking in the early am. He was driving home, and he struck another car, The other car was heavily damaged, and he did not remain on the scene and left. He was charged with leaving the scene of personal injury. Fortunately, he was not charged with OUI despite his admission of drinking and some other factors. The charge has of Leaving the Scene of Personal Injury has a 6-month jail sentence attached, if jail imposed and a required guilty for any disposition. Included in the sentence is a mandatory one-year loss of license. Here, Barabino put forth a variety of materials to include the history and background of the client, but more importantly, an impediment in the filing of the report. That impediment appeared to have resulted in the Magistrate not issuing the Charges.
RESULT: No Probable Found, (PC), Charges Do NOT Issue.

August 22, 2024
Leaving the Scene of Personal Injury
Negligent Operation of a Motor Vehicle
Civil Violations
A particularly impressive young man found himself in a bind. He was operating his motorcycle when he slightly hit the side of a car at a stoplight. Anytime a person contact with another driver like that you must stop and exchange information. Otherwise, it will result in a leaving the scene charge. Here, client didn’t stop, he also, drove away in a reckless manner, including a red light and marked violation. He was caught in camera and the police issued him a citation. He called Attorney Barabino right away and told client to go directly to the courthouse and request a hearing within 4 days of receipt of that notice which can give him a magistrate hearing, which he did. At the hearing, a variety of facts and circumstances were detailed resulting in all allegations not being charged. And civil infractions, not responsible.
RESULT: Case Does NOT Move Forward.

August 19, 2024
Violation of a Harassment Order
Client was a very decent and responsible young man who was accused of violating a harassment order. The incident began when the client was living with a roommate that was harassing him. As a result, client sought and obtained a harassment protection order against roommate. In response to harassment order, the roomate then got an emergency order against client. In-between the time client got his harassment order, and the other person got their order, the other person claimed that client violated the order. That claim was not true, and client testified that he was not at the location when alleged. Additionally, client had video evidence that supported his testimony that he did not violate the order. As a result, no probable cause was found against client.
RESULT: No Probable Found, Case Dismissed.

August 15, 2024
Domestic Assault and Battery
Client was a super pleasant hardworking CDL Driver who was accused of Domestic Assault and Battery. According to the police report, client was having a dispute with mother of their child over parenting concerns. Mother raised a slipper in the air signaling that she was preparing to strike him. He took control of her hand and then did strike her twice. The incident was caught on camera. His former spouse was asked if she wanted to pursue the matter as the hearing date was approaching and she very reasonably said she had no interest in doing so. She simply asked that the restraining order that she obtained remain in effect and he obey it. All parties were very reasonable and understanding that focus on moving forward. This result was a great opportunity to move forward in positive and healthy manner for client and all involved.
RESULT: Domestic A & B does NOT Issue at Magistrate Hearing.