» Appeal

Motion for New Trial, ALLOWED

October 7th 2019
Motion for New Trial
A hard-working long-time public employee was notified that he had a record and that record was problematic. Attorney Barabino and client reviewed the matter. After collecting documentation from decades earlier and reviewing it, it appeared they plead delinquent to a felony charge. After additional review, legal research and interviewing witnesses, Attorney Barabino began to assemble the probable defenses which the young man, as a youth, simply did not do. As a result, various affidavits were assembled along with a motion for a new trial that justice had not been done. That material was complimented by an extensive memorandum of law which laid out all the facts. On the day of the hearing, the Commonwealth assented that there were enough defects in the decades old that that a new trial was warranted. And upon, that declaration agreed to dismiss the charges.
RESULT: Motion for New Trial, ALLOWED, Case DISMISSED.

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.