» Allowed

Motion to Expunge, ALLOWED

September 20th 2019
Motion to Expunge Record
A young pilot has a previous criminal driving charge on his record. As a young professional, he understood the professional barriers and obstacles that even the simplest criminal offense can have on a person’s record. Attorney Barabino filed a motion to expunge, with a memorandum of law and affidavits and scheduled the matter for a hearing. At the hearing, the judge listened to the facts and circumstances and the law and ALLOWED, the Motion to Expunge. As a result, the government is ordered to destroy the contents of anything related to the case and remove any reference to it that may exist within the government database and file.
RESULT: Motion to Expunge, ALLOWED.


December 11th 2018
Motion to Seal
Client was an hard-working Biotech Professional that had previously plead out to a Drinking and Driving Case (OUI) with Attorney Barabino. The case, despite an accident, had been granted a Continuance Without a Finding (CWOF) and eventually dismissed. After client’s dismissal entered, Attorney Barabino went back to the Court with his successful probation record and affidavits of the impact of a simple dismissal has on record and its effect on his employment. After a hearing, the court took the matter under advisement and today, we received notice that the motion to seal was his dismissal is ALLOWED.

Use of Motor Vehicle w/out Authority, Trespassing, MOTION TO DISMISS ALLOWED

January 24th 2017
Use Motor Vehicle Without Authority
Smart professional employed at an airport was accused of taking a person’s car without authority. According to police, client took the keys to $205,000 Porsche that was not his. In the end, Attorney Barabino filed a Motion to Dismiss, an affidavit, and memorandum of law. All of which allowed by judge.
RESULT: Motion to dismiss, ALLOWED.

Unlawful Drug Possession, Drug Violation Near School Zone/Park, MOTION TO SUPPRESS ALLOWED, ENTIRE CASE DISMISSED

April 4th 2012
Drug, Possession to Distribute Class A
Drug Violation Near School/Park
Client was a hard working tattoo artist who was charged with Possession with Intent to Distribute Heroin within a school zone. The school zone charge is a minimum-mandatory sentence of two years in a house of correction. The police alleged that they came into his home and viewed numerous drug-dealing equipment and unsold heroin. The client had had a search warrant served on his premises merely a week before, and the police were eager to make a bust. In this case, the police received a 911 call that an assault took place at the premises and used that as part of their authority to enter the home of client. When they entered the home, they did not have a warrant, but did receive permission from roommates---but not enough permission to make the search legal. As a result, after nearly a year of litigating the case, Attorney Barabino along with the other co-defendants placed the case on for a Motion to Suppress the evidence that was recovered from police. The goal was to suppress the evidence (or throw out) all the drugs and drug dealing equipment from being used at trial as proof against defendants, because the search was not constitutionally legal. After the hearing, at which the police and defendants testified, the court issued a three page-decision agreeing with client that the police search was unconstitutional and all the evidence should be thrown out. As a result, the case against the client was dismissed on all counts.