» Arraignment

Assault on Household Member, DISMISSED

January 22nd 2018
Assault on a Household Member
Probation Violation/Surrender
Client, a federal government employee, was charged with assaulting a family member. After police came to his home, he was arrested and arraigned in court the following Monday. Client was on probation at the time in that very same court for operating under the influence of alcohol, second offense. The judge released him after an arraignment and a probation hearing was held the following month. At that hearing, the defendant agreed to a violation and was allowed no change in his probation. Attorney Barabino and client began to prepare for trial. At trial, Commonwealth, after speaking to the alleged victim, decided there was no case and dismissed charge.
RESULT: PROBATION SURRENDER SUCCESSFUL, CRIMINAL CHARGE DISMISSED.

Solicitation, DISMISSED UPON CONDITION

March 20th 2017
Solicitation
Client was a hardworking professional and father. Client sought the services of a person who attempted to engage in sexual relations for a fee, but found himself caught up in a sting operation coordinated by police instead. He was charged and arraigned in court. Upon reviewing client's background and the facts, which included a lack of criminal history, a deal was negotiated where the client would have the case dismissed upon a payment of $500.00. Case Dismissed.
RESULT: CASE DISMISSED, upon payment of five hundred dollars.

First offense OUI, Same Day PLEA, Open Container, NOT RESPONSIBLE

June 1st 2016
1st OFFENSE OUI- Liquor or .08%
Marked Lanes Violation
Client was a young man who was having substantial substance abuse issues. He was in a motor vehicle accident and was clearly intoxicated. As client resided out of state, Attorney Barabino arranged for probation to be transferred and negotiated with the district attorney to resolve the matter on the same day as arraignment. No restitution needed to be paid. Not responsible on the civil citation determined. At the plea hearing, the judge sided with Attorney Barabino and granted the defendant a Continuance Without a Finding (CWOF), allowing the case to be dismissed. No drug or alcohol screens. All in same day.
RESULT: Same day PLEA, out of state OUI-alcohol, open container, NOT RESPONSIBLE

90 Day Probation

December 10th 2015
Negligent Operation of Motor Vehicle Chapter
Unlicensed Operation of a Motor Vehicle
Use Motor Vehicle Without Authority
Fail to Stop for Police
Super pleasant young man with great potential made a moment of bad judgment. According to police, in the early morning hours they noticed a vehicle made a civil infraction. They sought to pull the vehicle over but the driver refused. They followed the vehicle briefly. The vehicle was being driven negligently and after a brief pursuit came to a stop. Prior to arraignment, every effort was made to develop and demonstrate to the District Attorney the impressive background of the young man. In the end, an agreement was struck where he would not admit wrongdoing and the case would be dismissed in 90 days. This pre-trial probation term allows him to retain the presumption of innocence and a full dismissal of the charges.
RESULT: Case to be DISMISSED after 90 Days with NO ADMISSION OF WRONGDOING.

Permitting Unlicensed Operator, APPLICATION FOR COMPLAINT DISMISSED PRIOR TO ARRAIGNMENT

October 21st 2014
Permitting Unlicensed Operation of a Motor Vehicle
Client was a hard working kindergarten teacher who allowed her husband to drive her motor vehicle without a license. He has since obtained his permit, and upon providing verification of a full and authenticated license, will have this matter be closed. No complaint ever issues.
RESULT: APPLICATION FOR COMPLAINT DISMISSED, PRIOR to Any Arraignment.

Suspended License Violation, APPLICATION FOR COMPLAINT DISMISSED PRIOR TO ARRAIGNMENT

July 17th 2014
Operating Motor Vehicle with Suspended License
Client was a hard working, perfect SAT-scoring engineer, who was simply accruing too many moving violations, which confusingly triggered multiple license suspensions. After clearing up one of the violations in a different court, the above complaint issued, but fortunately he applied for and received a clerk magistrates hearing. The clerk magistrate was diligent, fair, and respectful. He stated that if three months were to elapse without any further offenses, client should expect no complaint to issue. Client appeared with Attorney Barabino and the case was in fact dissed, prior to arraignment, and the paperwork shredded by the court.
RESULT: Application for Complaint DISMISSED, PRIOR to Arraignment.

Multiple Counts of Leaving the Scene of Personal Injury, APPLICATION FOR COMPLAINT DISMISSED PRIOR TO ARRAIGNMENT

April 13th 2014
Salem District Court
Leaving the Scene of Personal Injury
Leaving the Scene of Personal Injury
Leaving the Scene of Personal Injury
Client was a diligent university student who needed representation. According to police, he Left the Scene of Personal Injury for two damaged vehicles and a broken fence. With an expectation of a law enforcement career, a decision by the clerk magistrate and police to issue the complaint would have been very hurtful for client's prospects. A full and truthful hearing was held and all the facts were listened too. The police, the court, and all involved were fair and judicial. Taking everything into consideration and after a hearing, they did not issue the complaint.
RESULT: Application for Complaint DISMISSED, PRIOR to Arraignment.

Leave Scene of Property Damage, NO CRIMINAL COMPLAINT ISSUES, CASE DISMISSED

April 22nd 2013
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Client was a hard working professional with no prior criminal record. According to police, they received a report that client had hit another person with a vehicle and left the scene. Client had no recollection of making any contact with any other vehicle. In fact, his recollection was an out of control woman yelling at him while he was parked at a stoplight, which he ignored. Prior to the Defendant’s arraignment, Attorney Barabino filed a Motion to Dismiss with a memorandum of law. This motion was allowed and the matter was remanded back to a Clerk Magistrate’s Hearing at a later date. At the Magistrate’s Hearing, the Magistrate grilled the Defendant and sought yet an additional date to continue the hearing. At the second date, the state police and Clerk Magistrate both took notice of the Defendant’s lack of criminal history, the statements of the parties, and the insurance information declaring the woman was paid back all her out of pocket cost. The case was dismissed as a result. No record of the incident will appear on the client's record, anywhere.
RESULT: No Criminal Complaint Issues at Clerk Magistrate Hearing, CASE DISMISSED.