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Second Offense OUI, DISMISSED

January 30th 2018
2nd OFFENSE OUI- Liquor or .08%
Leave Scene of Property Damage
Disorderly Conduct
Resisting Arrest
License Suspended, For OUI, Operating with Chapter 90 Section 23
Client, a young woman who was on probation for operating under the influence, was charged a second time for the offense. She had a list of additional charges that followed after her arrest. The case involved several eyewitnesses and statements. A comprehensive interview followed from the defense and eventually trial was scheduled. On day of trial, Commonwealth stated that they simply did not have the evidence to support the requisite element of “operation”. Case Dismissed. All Charges Dropped.
RESULT: ALL CHARGES DISMISSED AT DAY OF TRIAL

Assault and Battery, DISMISSED, NO ADMISSION OF WRONGDOING, NO COSTS, NO FEES, NO OBLIGATIONS, NO COMMITMENTS

May 27th 2014
Assault and Battery
A hard working delivery driver was accused of assaulting his girlfriend. According to police, he pushed her onto the couch, as he wanted her out of his home. When police arrived, he denied these allegations and he was arrested. Attorney Barabino was retained and represented the matter. At the day of trial, the District Attorney was able to speak to the complainant and simply agreed to stop the prosecution with a general continuance.
RESULT: DISMISSED as a General Continuance in 6 Months. NO ADMISSION OF WRONGDOING, NO COSTS, FEES, OBLIGATIONS, OR COMMITMENTS.

Negligent Operation, Marked Lanes Violation, CASE DISMISSED, NOT RESPONSIBLE ON CIVIL VIOLATION

April 24th 2014
Negligent Operation of Motor Vehicle
Marked Lanes Violation
Client was in a one-person car accident. He was interviewed by state police and eventually arrested and charged with Negligent Operation of a Motor Vehicle and a Non-Criminal charge of Marked Lanes Violation. Since being charged, the defendant's motor vehicle insurance skyrocketed and he faced a mandatory future license loss, fines and fees, and shockingly, a potential two year sentence in a house of correction. After interviewing client and examining the scene and related materials, Attorney Barabino filed a Motion to Suppress the statements made by defendant at his hospital bed. Once the motion was filed, a hearing date was scheduled and all the parties, including police, were required to appear before a judge to hear evidence. Fortunately for the defendant, an experienced district attorney had reviewed the file and after speaking with the officer and reviewing all the facts, allowed a straight dismissal of the criminal charge and a "not responsible" for the civil charge of a Marked Lanes Violation.
RESULT: Motion to Suppress, FILED, Criminal Case DISMISSED. Civil Violation Declared, NOT RESPONSIBLE.

Resisting Arrest, NO JAIL TIME, Assault and Battery on a Police Officer, DISMISSED

December 17th 2013
Resisting Arrest
Assault and Battery on a Police Office
Client, a hairdresser, had accumulated several criminal complaints against her, alleging she had committed several different crimes. In each case, the police alleged that the defendant was unruly and offensive to police when they arrived to respond to the 911 emergency calls. On one occasion, the defendant went into her home and refused to leave. When police asked her to step outside she, according to Police, pushed the officer from behind and used some profanity. When police began to arrest her, they claimed she required three cops to arrest her due to her violent nature and actions. Attorney Barabino and the defendant were comfortable in having a jury decide whether she intended to commit Assault and Battery on an Police Officer. However, at the trial date, it was unnecessary as the District Attorney simply dismissed the charge. Probation was allowed on the remaining charges and no jail time as a result.
RESULT: Assault and Battery on a Police Officer, DISMISSED. NO JAIL TIME ON OTHER CHARGE, RELEASED FROM CUSTODY.

Possession with Intent to Distribute Class A, B & C Drugs, DISMISSED

August 8th 2013
Drug, Possession to Distribute Class A Chapter 94C Section 32A (a)
Drug, Possession to Distribute Class B Chapter 94C Section 32A (a)
Drug, Possession to Distribute Class C Chapter 94C Section 32A (a)
Client was under observation from police when he was stopped and arrested. According to police, they stopped Defendant and saw drugs in plain view on his car seat. The police searched the vehicle and located what they believed to be various drugs that were being prepared for distribution. The drugs that were allegedly intended to be distributed were thought by police to be Neurontin, Lexapro and Codeine. After nearly two years of litigating the case in court, a drug certification was provided to the Defendant, which stated that some of the drugs were in fact heroin. To add to the confusion, there was no chemist to testify as to the specific composition of the drugs at trial, which is almost always necessary for a conviction. At the day of trial, the Commonwealth was unable to secure the presence of the State Chemist. Attorney Barabino asked the court to dismiss the case as a result. The court, for various reasons, allowed the request for a dismissal. Case Closed.
RESULT: Possession with Intent to Distribute Class A, B & C Drugs, DISMISSED.

Motion to Seal Record, ALLOWED

April 29th 2013
Motion to Seal Record Chapter
Attorney Barabino persuaded the judge to seal all records of this case. As a matter of law, client may now truthfully answer on any job application that he has never been arrested for, or charged with, any crime.
RESULT: Petition to Seal, ALLOWED.

Illegal Drug Related Charges, SCHOOL ZONE DISMISSED, Negligent Operation, Speeding, License Suspension, REDUCED TO FIRST OFFENSE, NO JAIL TIME FOR ANY CHARGE

June 26th 2012
Drug, Possession to Distribute Class A Chapter 94C Section 32A (a)

Unlawful Drug Possession Chapter 94C Section 34
Drug Violation Near School/Park Chapter 94C 32 J

Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)

Speeding in Violation of Special Regulation Chapter 90 Section 18
License Suspended, Operation Motor Vehicle, Subsequent Offense Chapter 90 Section 23E
Client was recently licensed barber who was charged with several offenses. Those offenses included Possession of Heroin, Possession of Heroin with the Intent to Distribute, School Zone/Park Drug Violation, Negligent Operation of a Motor Vehicle, Failure to Stop for Police, Driving on a Suspended License Subsequent Offense, and related civil infractions. According to police, they saw client driving and they knew from prior knowledge that he did not have an active license. They stated they were “very familiar” with client. The statement that they were very familiar with client was supported by the client’s former arrest for distribution and possession of drugs. When they hit the sirens to pull him over he took off and the police chased him for several streets until they caught him on a one way. After client was stopped, they arrested him and took him for booking. After the arrest they found ten separate baggies of what was heroin, packaged in a method consistent with distribution of the drug. Moreover, and very problematic for the Defendant, was that the police charged him with distributing the drugs in a school zone, which carries a two-year house of correction sentence—mandatory—meaning no suspended sentence, no house arrest and obligatory jail time. After nearly a year of litigating the case and hiring an expert in distribution of drugs, the day of trial finally arrived. At trial, the Commonwealth brought with them their own expert in drug distribution, an expert in school zone measurement, two police officers, a chemist from the State Police crime lab, and a representative from the Department of the Registry of Motor Vehicles. Despite Attorney Barabino's ability to and desire to prove his client's innocence, a deal was offered that client was very receptive to. The deal included the Commonwealth dismissing the School Zone Drug Violation charge, dismissing the Possession Charge, reducing the Driving on a Suspended License offense from a subsequent offense to a first offense, a Continuation Without a Finding on the Negligent Operation of a Motor Vehicle, and no fine imposed for the civil offenses.
RESULT: School Zone, DISMISSED, Driving on a Suspended License Subsequent Offense, REDUCED TO FIRST OFFENSE, NO JAIL TIME FOR ANY CHARGE.