» CWOF

Failure to Register, CONDITIONAL DISMISSAL

June 24th 2015
Failure to Register as a Sex Offender
Client made several mistakes nearly ten years prior. Those mistakes led him to be listed as a sex offender, with all the requirements of registration. He had several children and was a law abiding person working many hours to maintain stability for his family. According to police, he made mistakes on his registration and was charged with failure to register as a sex offender. The investigation into defendant was very sophisticated and intensive. The police tracked the defendant to locations outside of his hometown and took photographs. Police applied for an received a search warrant for a GPS tracking device for his motor vehicle. Police also installed a hidden motion detector on a telephone pole at a fixed location, among conducting other investigative techniques. They also secured an videotaped admission from the defendant. After an exhaustive review of the thousands of pieces of evidence, Attorney Barabino filed a motion to suppress, with a lengthy memorandum of law. On that day, prior to the hearing, the judge, who would also allow defendant to admit to the allegation, took an agreed tender that if defendant stays out of legal trouble for about a year and one half, the charge would be dismissed. This disposition is called a Continued Without a Finding or “CWOF”. The probation is administrative, so client does not have to appear at the probation department.
RESULT: Motion to Dismiss, FILED, PLEA Entered and if Abides by Probation Terms Case will be DISMISSED.

OUI-Liquor, Negligent Operation, License Suspension, OUI SECOND OFFENSE REDUCED TO FIRST OFFENSE, CWOF WITH DISMISSAL AFTER ONE YEAR

April 30th 2014
2nd Offense OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Operating Motor Vehicle with Suspended License
According to police, client drove recklessly around state police who were assisting with road construction safety. According to police report, client weaved around the police and workers in such a way that it required them to jump out of the way of his vehicle. According to the state troopers' police narrative, the defendant’s eyes were bloodshot, his speech slurred, he failed the sobriety test, and he failed a Breathalyzer test. The client weighed his options with Attorney Barabino and in the end simply wanted to bring the matter to conclusion, to get a predictable result and obtain his license back as soon as possible. Following his client’s wishes, Attorney Barabino met with the District Attorney, who remained committed to recommending a suspended six-month jail sentence, a two-week inpatient detoxification program, and related programs. The judge listened intently and diligently to all sides and in the end agreed with Attorney Barabino for a 12 Month CWOF for the OUI Second Offense and to treat it as a First Offense instead. The judge gave the District Attorney what he sought on the Negligent Operation and License Suspension.
RESULT: OUI Second Offense Reduced to First Offense Deal, SECURED, Continued Without a Finding (CWOF) for a Period of One Year, with DISMISSAL After One Year.

Breaking and Entering, MOTION TO SUPPRESS FILED, CONDITIONAL DISMISSAL

September 5th 2013
Breaking and Entering Building Nighttime for Felony Chapter 266 Section 16
Breaking and Entering Building Nighttime for Felony Chapter 266 Section 16
Client was a high school student with supportive and loving parents. Client and another young man snuck out and entered some vehicles in the nighttime. The evidence was clear—they were seen on videotape and the police found them at the car. Eventually, Attorney Barabino presented the court with a motion to suppress statements made by the Defendant. Negotiations were triggered and offers made. The District Attorney agreed to reduce from felony to misdemeanors—and agreed to a probation term that allowed for a case to be dismissed at the end of the probation. We could do better—we had to do better. After nearly seven months of litigating the case---we respectfully declined this otherwise well-intentioned and reasonable offer. The reason we declined is two-fold. One, if he violates probation during the next year he could be found guilty. He could receive a “CWOF” or continued without a finding, which can be considered for many jobs as the equivalent of a guilty verdict since unlawful conduct is admitted. In the end, an already reasonable District Attorney agreed to pre-trial probation with conditions so this young man could truthfully admit he had never admitted to any criminal activity.
RESULT: Motion to SUPPRESS, FILED. CASE DISMISSED, with conditions of remaining in therapy and completing 50 hours of community service.

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