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Possession of Heroin, NO DRUG TESTING, NO FURTHER COURT DATES OR PROBATION RESTRICTIONS, NO FINDING OF GUILT

June 28th 2013
Possession of Class “A” Heroin
Client was seen purchasing drugs with another female. Once police saw this activity they noticed and observed even more incriminating behavior. They approached the vehicle client and friend were in, and when they did the police saw heroin in plain view in her hand. Also within plain were items used to inject heroin. Client had desire to bring case to closure as quickly as possible, so Attorney Barabino negotiated a deal with the District Attorney that allowed her a one-year probation period with no guilty finding. In the end, the case would be dismissed after one year and client did not have to appear again in court as she was given administrative probation and did not have to have any drug testing.
RESULT: NO DRUG TESTING, NO FURTHER COURT DATES OR PROBATION RESTRICTIONS, NO FINDING OF GUILT

Possession of Heroin, MOTION TO DISMISS ALLOWED, CASE DISMISSED

March 20th 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.

Leaving the Scene of Personal Injury, APPLICATION FOR COMPLAINT DISMISSED

January 10th 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.

Attempt to Commit Crime, NOT GUILTY, Disorderly Conduct, CHARGE FILED FOR A PERIOD OF TWO MONTHS

October 9th 2012
Attempt to Commit Crime Chapter 274 Section 6
Disorderly Conduct Chapter 272 Section 53
Client, a retired airlines employee, was charged with attempting to commit a crime and disorderly conduct. According to police, client had entered the hallway of an apartment building and repeatedly struck the door with her foot. The occupant watched this occur through her peephole and after increased concern, called police. Police then stopped the Defendant down the street from the apartment complex. When interviewed by them, client gave conflicting accounts of what occurred and she was arrested for attempting to break in to the apartment and disorderly conduct. At trial, the District Attorney attempted to modify the complaint to reflect a subsequent charge of disorderly conduct since she had been convicted before this date in a separate incident. The judge denied that request and the client ultimately passed no time in jail for that charge. After trial, the evidence of the witnesses failed to support a charge of breaking and entering and the client was acquitted.
RESULT: NOT-GUILTY of Attempt to Commit a Crime Charge, Disorderly Conduct Charge FILED for a period of two Months.

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