» Client

January 22^nd 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.

August 14^th 2017
1^st OFFENSE OUI- Liquor or .08%
Client, a young professional, sought counsel for first time OUI offense: she was pulled over driving without lights, failed field sobriety test, and made incriminating statements. After discussing the option of a trial or a plea, she opted for plea, in part, to accelerate her hardship license application. Agreement was hashed out and a "not responsible" on her civil infraction was entered at the first court appearance, with probation for the OUI charge. Client agreed to a plea that would place her on probation for one year—with the agreement that charge will be dismissed off her record after one year.
RESULT: First Offense OUI DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM, CIVIL VIOLATION NOT RESPONSIBLE.

April 22^nd 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.

April 2^nd 2013
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Client was a father and hardworking employee of the US Postal Service. According to police, he drove his vehicle in an erratic manner causing an accident. After the accident, they alleged that Defendant drove away without giving his information to the other driver as required by law. After consultation and review Attorney Barabino and client sought a trial date with the expectation that a not guilty verdict would be the result. However, when the accuser failed to show up for trial, Attorney Barabino simply requested that the matter be dismissed, to which the judge agreed. Case Dismissed.
RESULT: Leaving the Scene of Property Damage, DISMISSED.

March 29^th 2013
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
2nd OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
According to police, client had rammed into a vehicle and left the scene of the accident. Police responded to the scene and immediately noticed, while on patrol, that the client's vehicle had damage similar that that which would be described. When police pulled the vehicle over they noticed paint matched the vehicle that was hit. They also noticed paint on the other vehicle and noticed that it matched as well. The police spoke to client and stated that his speech was slurred; he had to hold on to the side of the truck for balance; his eyes were bloodshot and glassy; his breath smelt like booze; and he was unsteady on his feet. Moreover, the client had Budweiser cans opened and unopened, strewn throughout the vehicle. Client simply wanted to gain his license back, but the District Attorney of Essex County sought jail time instead. The Commonwealth presented five separate witnesses. At sentencing, the DA requested this hard working single father be sent to prison for two years suspended and serve a full year committed in jail. In the end, the judge agreed with Attorney Barabino and denied the Commonwealth request. Judge simply placed the Defendant on probation with a brief 14 day-impatient program. All the civil violation were found not responsible and the verdict on the Leaving the Scene was a clear and resounding "not guilty".
RESULT: Leaving the Scene of Property Damage, NOT GUILTY AFTER TRIAL, All Civil Violations found NOT RESPONSIBLE. NO JAIL FOR OUI CHARGE

March 20^th 2013
Possession of Class “A” Heroin Chapter 94C Section 34
Client was a very pleasant young woman from a great family. However, unknown to her family she had developed an addiction to heroin—a very powerful one for that matter. Attorney Barabino filed a rather obscure and rarely used IIIE statute. Under IIIE, if the Defendant acknowledges their addiction, enters and completes rehabilitation, the charge against them will be dropped. The court allowed the motion to be filed nearly a year ago and after one year of negative drug screens provided to the court, the case against the client was dismissed.
RESULT: Motion to Dismiss, ALLOWED, CASE DISMISSED.

January 10^th 2013
Leaving the Scene of Personal Injury Chapter 90 Section 24
Client was a licensed electrician who was charged with leaving the scene of personal injury. According to police, client was exiting onto a roadway when he struck a jogger with his vehicle. After contact was made, client undisputedly left the scene. Jogger was taken by ambulance to the hospital. At Magistrate Hearing, Attorney Barabino was able to provide perspective to all involved, which included phone calls, potential witnesses, and maps of the area to aid his client's case. Based on all the information presented, it became clear that client left the area, only briefly, and only due to the aggressive conduct of the jogger after being struck. In the end, no complaint was issued.
RESULT: Application for Complaint, DISMISSED.

December 13^th 2012
Leave Scene of Property Damage
Client was a hard working music teacher and single dad. According to police, he was in a parking lot and accidently hit another motor vehicle and purposely refused to stop. Client had no criminal history and an excellent driving record. The District Attorney’s main concern was that the other party being made whole and that they had no out-of-pocket expenses. Once that was confirmed, Prosecution simply dismissed the charge with a $200 court cost. Client was very pleased with end result. Case dismissed.
RESULT: Leaving the Scene of Property Damage, DISMISSED.