» Affidavit

Sex Charges, LEVEL III SORB DECISION VACATED

November 11th 2017
Sex Offender Registry Board/Superior Court Judicial Review
Client had been on the SORB Registry when he was accused of second, separate sex crime. He denied the second accusation and was eventually acquitted. However, prior to his acquittal, he had a SORB hearing labeling him as a level III offender based on the charges. Attorney Barabino appealed the decision of the SORB. A timely Notice of Appeals was filed, with complaint and affidavits. Soon after transcripts of the initial hearing were obtained and memorandums of law exchanged between the parties. Eventually a hearing was held and soon after a written decision indicating that the original SORB decision was vacated and remanded to the board for a new classification hearing.
RESULT: Level III SORB Decision, VACATED, NEW HEARING.

Illegal Drug Possession, NEW TRIAL AND DISMISSAL

January 5th 2017
Criminal Procedure Rule 30: Post-Conviction Relief- New Trial
Drug, Possession Class B (Cocaine)
Client was a hard-working business owner and professional who sought to undo a past mistake. Years ago, after having been found guilty of possessing cocaine, he wanted to reverse that conviction. His contraband had been tested by a known, discredited lab chemist. The result was that a good faith basis to reverse the conviction was filed with an affidavit, memorandum, and certified supporting documentation. That package was filed with the court, and a hearing date was scheduled. In the interim, Attorney Barabino met with the District Attorney who was in agreement with his request. The Commonwealth did not file opposition. In the interest of justice, the motion for a new trial was allowed, and the case was dismissed.
RESULT: Motion for New Trial, ALLOWED, CASE DISMISSED.

Disturbing the Peace, Carrying a Dangerous Weapon, MOTION TO DISMISS ALLOWED, CASE DISMISSED

March 5th 2013
Disturbing the Peace Chapter 272 Section 53
Dangerous Weapon, Carry, Subsequent Offense Chapter 269 Section 10(B) & (D)
Client was a hard working electrician. He was charged with Disturbing the Peace and Possession of a Dangerous Weapon, Subsequent Offense. The second charge was required to be prosecuted in Superior Court and State Prison was mandatory upon conviction. However, the District Attorney allowed the case to remain in District Court and prosecuted it as a first offense. Attorney Barabino filed a Motion to Dismiss the charges in their entirety. The motion, complete with a lengthy memorandum of law and supporting affidavit, was provided to the court and a hearing was scheduled. After the motion, the court agreed that the motion should be allowed and the case dismissed. The District Attorney simply agreed to dismiss the Disturbing the Peace charge after the hearing.
RESULT: Motion to Dismiss ALLOWED, CASE DISMISSED.