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Cocaine Dismissed

December 20th 2019
Possession of Cocaine
Client was a hard-working contractor. According to Police, was seen purchasing cocaine from someone and was pulled over by police. When he was pulled over, he freely and politely admitted that he had purchased cocaine. Police gave him a summons to appears in court and before he had to appear Attorney Barabino got him tested for drugs and obtained a clean drug screen. When they both appeared in court, Attorney Barabino was able to negotiate a deal whereby the court would extend his arraignment for 3 months and during that time if client is tested and clean, he will never be arraigned and the case dismissed, BEFORE the arraignment. That day has come, and the case was DISMISSED prior to arraignment. There is no trace of the charges in any court record.
RESULT: District Attorney Agrees to PRE-ARRAIGNMENT Drug Testing and Case is DISMISSED.

Assault and Battery with a Dangerous Weapon, Malicious Destruction of Property, NO APPLICATION FOR COMPLAINT TO ISSUE

August 29th 2018
Assault and Battery with a Dangerous Weapon
Malicious Destruction of Property
Client was a respected business owner who, according to police, threw an object at a car causing permanent damage to the vehicle. After the incident, words were exchanged between client and accuser (owner of the vehicle). When police arrived, accuser cooperated with their investigation into the matter, and Defendant was subsequently charged with two felony counts of Assault and Battery with a Dangerous Weapon and Malicious Destruction of Property. Attorney Barabino was hired by client and gathered witnesses, photos, and others items and exhibits to offer an alternative explanation as to what happened for the Clerk's consideration. In the end, an agreement was reached by all parties involved that client would pay the amount of damage caused to the car in exchange for a resolution of the case.
RESULT: NO APPLICATION FOR COMPLAINT TO ISSUE

Assault and Battery, Disorderly Conduct, NOT GUILTY

February 15th 2018
Disorderly Conduct
Assault on a Household Member
Disturbing the Peace
Client was a hard working father who had dispute with his daughter that resulted in him being charged with assault and battery, disturbing the peace, and disorderly conduct. A trial was eventually scheduled and held. There were a number of different versions of the event but the client and his witnesses were consistent on the witness stand with their version of the events. The Commonwealth’s witnesses waivered and were not consistent. As a result, the court delivered not guilty verdicts on the assault and battery and disorderly conduct charges, and only a one-hundred dollar fine for disturbing the peace.
RESULT: NOT- GUILTY OF ASSAULT AND BATTERY AND DISORDERLY CONDUCT

First Offense OUI, DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM, CIVIL VIOLATION NOT RESPONSIBLE.

August 14th 2017
1st 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.

Assault and Battery on a Family Member, CHARGES DISMISSED AT TRIAL

July 18th 2017
Assault and Battery on a Family Member
Client and his girlfriend were arguing in early morning hours in the street. Police were called and interviewed both parties. Girlfriend said she was punched in the face, but soon after denied it, and was consistent in her statement. At the time of trial, couple had since broken up. Despite that breakup, she again came to court and said a lie is a lie, that she would not say he did it, ever—because he did not, she claimed. The District Attorney dismissed the case.
RESULT: BOTH CHARGES DISMISSED AT TRIAL.

NO JAIL TIME ON SECOND OFFENSE OUI/DWI

July 7th 2017
2nd OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Open Container
Negligent Operation of Motor Vehicle
Probation Violation/Surrender
Hardworking mother was on probation for operating under the influence when she was charged again for the same offense. Probation violation triggered. Attorney Barabino and client rapidly addressed the probation violation at one court and received an agreement with Commonwealth that she add the SCRAMM alcohol monitor to her probation for the first case. The second case (new offense), placed on a disposition date (today), on which an agreement was made where the client would receive no jail time on the OUI charge and would agree instead to attend a two-week impatient program, the negligent operation charge dismissed, the highway wrong-way charge "not responsible", and open container of alcohol not responsible.
RESULT: NO JAIL TIME ON SECOND OFFENSE OUI, NEGLIGENT OPERATION DISMISSED, HIGHWAY VIOLATION AND OPEN CONTAINER VIOLATION NOT RESPONSIBLE.

Drug Possession, ADMINISTRATIVE PROBATION WITH NO CONDITIONS OR OBLIGATIONS AND NO DRUG TESTING

October 7th 2016
Drug, Possession to Distribute
Drug, Possession to Distribute
Client was caught with a significant amount of Percocet, Suboxone and Cocaine. In addition, he was found with over $1000 in cash hidden away in a secret stash. After various motions were litigated and experts consulted, a last minute plea agreement was made where client would be on probation for 18 months with no jail time, and have no probation obligations such as drug testing or outpatient treatment. Client needed this outcome as he has a young child and employment obligations which would have conflicted with any other, more stringent requirements like jail time. Moreover, client had been convicted of distribution on prior occasions.
RESULT: Administrative Probation, NO CONDITIONS OR OBLIGATIONS AND NO DRUG TESTING

Unlicensed Operation & Speeding, DISMISSED WITH NO FINE, Forging RMV signature, DISMISSED ON $250.00

July 14th 2016
Unlicensed Operation of a Motor Vehicle
RMV Signature, Forge, Misuse Section
Speeding in Violation of Special Regulation
Client was a chief who was charged with driving on a false license, doing so illegally, and speeding. He was an otherwise reputable member of the community. Charges were negotiated and resolved in just two court appearances. Client paid court fee at conclusion of matter in court and no record for an employer or immigration.
RESULT: Charge of Unlicensed Operation & Speeding, DISMISSED, NO FINE. Forging RMV signature, DISMISSED on $250.00.

Deface Property, DISMISSED, NO ADMISSION TO WRONGDOING IN THREE MONTHS

July 7th 2016
Deface Property
Client was a hard-working rug maker who had recently suffered immense hardships. Those hardships culminated in him developing a severe alcohol problem. After he drank one time, he took out his aggression on a neighbors’ vehicle, breaking the glass. His legal concerns included penalties, immigration consequences, and a criminal record. After a few court dates, an investigation, and consultation with the very responsive district attorney office, an agreement was made to allow the case to be dismissed, as long as any out of pocket cost were paid.
RESULT: Deface Property, DISMISSED, In three months, NO ADMISSION TO WRONGDOING.

Domestic Assault and Battery, DISMISSAL

January 12th 2016
Domestic Assault and Battery
Client was a hard working nurse, wife, and mother. According to witnesses, she drank a bit too much and slapped her husband several times. Department of Children and Family Services were called but declined to investigate further. At arraignment, Commonwealth sought random alcohol screens and Attorney Barabino argued they were not necessary as a condition of release. The court agreed with Attorney Barabino, and the case was dismissed at trial with a marital privilege exception.
RESULT: DISMISSAL