» Defense Attorney

2nd OFFENSE OUI, Standard 2nd Offense Statutory Disposition

January 10th 2018
SECOND OFFENSE OUI- Liquor or .08%
Client was a hard-working, former U.S. Army Officer and war veteran was charged with operating under the influence of alcohol, 2nd offense. According to police, he was operating his vehicle when he lightly struck another vehicle. He was mumbling and disheveled and intoxicated to the point where he was unable to speak coherently and maintain basic balance. Despite the egregious allegations, he did have some defenses. However, despite those defenses, he simply wanted to bring the case to conclusion as quickly as possible, which Attorney Barabino did. The law provides a minimum mandatory disposition for people charged with a second offense charge within ten years of the first charge. As a result of client’s background, Attorney Barabino was able to negotiate the minimum of a sixty-day house of correction sentence, suspended for a two-year period. Client will also be required to attend a mandatory two-week impatient program.
RESULT: 2nd OFFENSE OUI, Standard 2ndOffense Statutory Disposition

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

Animal Cruelty, LESS COMMITTED TIME ON PLEA

March 15th 2017
Animal Cruelty
Animal Cruelty
Client was a hardworking father of four, with some criminal history. His roommates believed that he was abusing a dog shared with client, based on the dog’s recent behavior. The Police Department charged the defendant with Cruelty to Animals, based on video evidence provided by his roommates. Roommates filmed the Defendant kicking one dog multiple times and striking another dog with his hand. The case eventually went to trial. On day of trial, Attorney Barabino negotiated an offer for nearly half of the committed time previously offered, with a stay.
RESULT: LESS COMMITTED TIME ON PLEA.

Strangulation, RELEASED AT 58A, DISMISSED AT TRIAL

March 8th 2017
Assault and Battery
Assault with Dangerous Weapon
Strangulation or Suffocation
Client was living with his mother and had a history of various criminal offenses. At one point client's step-father called police and filed a restraining order against him. When police interviewed the mother, she reported that the defendant had tried to strangle her two weeks prior. A Dangerous Hearing was held since the District Attorney believed defendant was too dangerous to be considered for bail. Attorney Barabino argued for release and was successful. The case moved to trial. At trial, the lack of available witnesses for the prosecution resulted in Attorney Barabino requesting and receiving a dismissal.
RESULT: RELEASED at Dangerousness Hearing 58A and ALL CHARGES DISMISSED AT TRIAL.

Assault and Battery w/Dangerous Weapon, DISMISSED

March 7th 2017
Assault and Battery with a Dangerous Weapon
Client was married and accomplished professional with no prior record. A conviction or admission to charges of Assault and Battery With a Dangerous Weapon would have been catastrophic to his career path. After consultation with all parties, an agreement was reached invoking a marital privilege the day of trial. Case Dismissed, Restraining Order Vacated.
RESULT: ALL CHARGES DROPPED at day of trial

Probation Violations, WARRANTS RECALLED, PROBATION DISMISSED, ALL CHARGED DISCHARGED, NO JAIL TIME, NO CONVICTIONS

March 2nd 2017
Violation of Probation
Client had been on probation in two different courts for two separate felony charges. During her time on probation, she failed to meet with her probation officer and disappeared for more than two years. She was living out of state and had multiple holds for court warrants for her arrest. Fortunately, client turned her life around, by getting off drugs and staying clean. She coordinated with Attorney Barabino, who planned her arrival to the courts and probation department, resulting in both her cases having warrants removed, no jail time, no convictions, and dismissals.
RESULT: WARRANTS RECALLED, PROBATION DISMISSED AND ALL CHARGES DISCHARGED, NO CONVICTIONS, NO JAIL

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.

Assault and Battery w/Dangerous Weapon, DISMISSED

June 12th 2014
Assault and Battery with a Dangerous Weapon
A married insurance professional was suffering some emotional struggles and called police to admit to a criminal act. Upon admitting the act over a recorded telephone call, police went to the home. Upon arrival, police realized that client was intoxicated and emotionally distraught. The case could not be proven without the wife’s testimony and with an expectation that she would not be forced to testify, Attorney Barabino placed the matter on for trial. At trial, the seasoned District Attorney, well versed in the rules of evidence, knew there was simply insufficient evidence to prosecute the case with the wife, as she asserted her marital privilege. Attorney Barabino requested that the matter be dismissed, which the court allowed. Case dismissed.
RESULT: Assault and Battery w/Dangerous Weapon, DISMISSED.

Resisting Arrest, NO JAIL TIME, Assault and Battery on a Police Officer, DISMISSED

December 17th 2013
Resisting Arrest
Assault and Battery on a Police Office
Client, a hairdresser, had accumulated several criminal complaints against her, alleging she had committed several different crimes. In each case, the police alleged that the defendant was unruly and offensive to police when they arrived to respond to the 911 emergency calls. On one occasion, the defendant went into her home and refused to leave. When police asked her to step outside she, according to Police, pushed the officer from behind and used some profanity. When police began to arrest her, they claimed she required three cops to arrest her due to her violent nature and actions. Attorney Barabino and the defendant were comfortable in having a jury decide whether she intended to commit Assault and Battery on an Police Officer. However, at the trial date, it was unnecessary as the District Attorney simply dismissed the charge. Probation was allowed on the remaining charges and no jail time as a result.
RESULT: Assault and Battery on a Police Officer, DISMISSED. NO JAIL TIME ON OTHER CHARGE, RELEASED FROM CUSTODY.

Motor Vehicle Theft, CHARGE REDUCED, 12 MONTH CONDITIONAL PROBATION, END OF YEAR DISMISSAL

October 22nd 2013
False Report of Motor Vehicle Theft
Client was a young, college educated professional who was charged with falsifying a stolen motor vehicle report. Although the young woman had been in previous entanglements with the law, she did not have a criminal record. If she were to be found guilty of this charge she would be a convicted felon. The consequences would be disastrous. After moving the case through the court for nearly a year and half, the trial date arrived. At trial, there was an option for a deal that became acceptable for the District Attorney, which included a reduction in the charge, as long as the young woman were to engage in therapy, remain drug and alcohol free with random screens, and pay a monthly fee to the court. The result of this disposition gave the defendant a chance to prove herself, remain an employed and productive member of society, while moving forward with her life drug free. A win-win for all involved.
RESULT: CHARGE REDUCED, 12 MONTH CONDITIONAL PROBATION, DISMISSAL at End of Year.