» Attorney Barabino

November 8, 2018
FIRST OFFENSE OUI- Liquor or .08%
Marked Lanes Violation
Mobile Phone, Operator Use Improperly
Client, a young Ph.D. Biotech manager was charged with OUI first offense. According to police, she was seen driving erratically late at night. The police arrested her after they believed she failed the sobriety test and other indicators of intoxication. Not interested in prolonged, possibly unpredictable and more costly litigation, she chose to enter a plea before the court. Attorney Barabino moved the case so that she could close out the case sooner than it had been originally planned. Once at court, the understanding and reasonable district attorneys reviewed her background and engaged in a discussion, agreeing to a continuance without a finding for 12 months and 45-day loss of license. They also agreed to find her Not Responsible for the Mobile Phone use ticket. Once in front of the judge, Attorney Barabino argued for the above disposition AND for her to be found NOT RESPONSIBLE on the marked lanes violation, to which the judge agreed, too.
Result: 1st OFFENDERS Disposition, NOT RESPONSIBLE Both Civil Infractions.

September 26, 2018
Assault and Battery
Client, a young hard-working builder was accused by his girlfriend of assault and battery. The charges were weak and a product of her serious mental illness. Although serious mental illness doesn't mean your allegations are untrue, it can cause people to act irrationally and aggressively and this was one such case. She jumped on his bed while he was sleeping and threatened to break his television. And he simply refused to engage with her hysterics. However, when police came to the house they saw her in bare feet and arrested him, as they assumed, according to the report, that given that she was in bare feet in 35-degree weather and the statements that the client was likely the aggressor and he was charged. Attorney Barabino and client confidently requested a trial date and at the trial she did not appear, so the case was DISMISSED.
Result: CHARGE DISMISSED on DAY OF TRIAL.

August 30, 2018
Negligent Operation of a Motor Vehicle
Speeding
Marked Lanes Violation
Failure to Stop
Client, a bank professional with no prior criminal record, was charged with the above criminal offenses. According to police, he was driving at speeds well over 100 miles per hour and failed to stop his vehicle when officers insisted that he do so. Attorney Barabino was hired, and at a clerk-magistrate hearing, the defendant himself testified and provided evidence to mitigate the circumstances of the incident in question. The defendant testified as to his clean criminal record, his clean Registry of Motor Vehicles (RMV) record, and his genuine remorse over what happened. As a result, no probable cause was found for the criminal violations and the defendant agreed to pay $400.
Result: NO PROBABLE CAUSE FOR CRIMINAL VIOLATIONS, Defendant pays $400.

August 23, 2018
Assault
Client was a hard-working father, husband, and employee. Objectively significant obstacles resulting in him disciplining his insubordinate daughter resulted in criminal charges of abuse. Shortly after the charge, Immigration and Naturalization took him into custody. His lawyer for his immigration case was able to secure his release from custody. Attorney Barabino worked with all involved, including the Department of Social Services and the District Attorney. In the end, the case will be dismissed with pre-trial probation, which is not probation at all. As long as he stays out of trouble for nine months, this case will be dismissed with no admission of guilt. Client maintains the presumption of innocence and his clean record.
Result: CONDITIONAL CASE DISMISSAL

August 2, 2018
Assault
Client was working his second job as a manager for a restaurant when a patron made repeated complaints. After trying to resolve the situation to the patron's satisfaction, the man (a lawyer), said he would tell his Twitter followers and began taking pictures. After being asked to leave, the patron complied and was escorted out by client. However, when the patron was just about to leave, he turned back around and bumped into the client and another patron. Police were immediately called. The patron declared that he would sue, and he was given a settlement by the owner of the restaurant to avoid the cost of litigation. In the end, Attorney Barabino came to the hearing with videotape, statements, witnesses and other exhibits. After a hearing, the complaint did not issue. It will remain open for six months, assuming no other concerns.
Result: Application for Complaint, DOES NOT ISSUE.

July 9, 2018
Harassment Prevention Order
Client was an otherwise responsible, courteous, and respectful young man who was alleged to have made lewd comments via social media to a long-time friend. The friend did not want him to contact her, but he persisted. On the day of the hearing, all the parties were able to talk and discuss the serious and concerning acts and wrote up an agreement prior to the hearing that the young man will not contact her under any conditions. That agreement was satisfactory to the court and the woman who took out the order, and the case was dismissed. Case Closed. No Harassment Order Issued.
Result: Harassment Order, DOES NOT ISSUE. CASE CLOSED.

June 28, 2018
Probation Violation/Surrender
Client had previously admitted to a Continuance Without a Finding (CWOF) and was placed on probation for a year. After performing his obligations as agreed, Attorney Barabino filed a motion to terminate his probation earlier than scheduled. On the day of his hearing, the judge endorsed the request and he was discharged early from probation. Case dismissed.
Result: Motion to Terminate Probation Early, ALLOWED.

June 27, 2018
License Suspended, Operation Motor Vehicle, Subsequent Offense
Client was a hard-working father who was in a traffic accident. Upon police inquiry, officers determined that his license was suspended. In fact, he had been convicted of the offense before. As a result, the police officer properly charged client with driving on a suspended license, subsequent offense. After several hearings and court dates, a trial was scheduled, and at the trial date Attorney Barabino was able to obtain an agreement with the District Attorney to reduce the subsequent offender portion of the charge and make a deal for short probation with no conditions on the lesser-included offense only.
Result: Subsequent Offense, REDUCED, SHORT PROBATION, NO CONDITIONS