» Dismissed

April 17^th 2019
Assault and Battery on a Family Member
A wonderfully supportive mother of a young college student asked her son to clean his room. Son felt that mother’s requests was unreasonable and began videotaping mother with his phone as he laid in bed. Mother got agitated and tried to grab the phone from son. Son called police and police arrested mother. Police charged MOTHER with assault and battery. They arrested mother despite the son admitting that he bit his mother. The Essex County district attorney sought cashbelieving that the community member who had lived and worked in the area for thirty years and had no criminal record would flee the jurisdiction. Attorney Barabino asked for a received personal recognizance with some conditions pending trial. A trial was sought as the district attorney refused to dismiss the charges. Ironically, it was the mother who woke up son and drove him to court for her trial. At trial, Attorney Barabino sought the young man be appointed a lawyer for a 5^thamendment, despite the district attorney believing that one did not exist. The judge allowed attorney Barabino’s request and the victim asserted his 5^thamendment right to self-incrimination. The judge dismissed the case. Case DISMISSED.
RESULT: CHARGE DISMISSED AT TRIAL via 5^thAMENDMENT Assertion.

October 16th 2018
Violation of Abuse Prevention Order
Violation of Abuse Prevention Order
Violation of Abuse Prevention Order
Violation of Abuse Prevention Order
Client was a particularly pleasant father who had tumultuous relationship with his former wife. The client was charged with three separate complaints of violation a restraining order. All the charges were questionable but a conviction on any was sure to result in his incarceration. The charges were concerning for the court since the client was on probation for assaulting and beating his ex-wife already--a plea that he entered with another attorney. In the end, client and attorney Barabino requested a trial and at the day of trial, the District Attorney offered a deal which client felt was simply too good decline and accepted the deal. No additional jail and three of four charges dismissed.
RESULT: Three of the Four Charges DISMISSED; Fourth Charge agree to NO JAIL and Extended Probation for 6 months.

August 2nd 2018
Assault
Client was working his second job as a manager for a restaurant when a patron made repeated complaints. After trying to resolve the situation to the patron's satisfaction, the man (a lawyer), said he would tell his Twitter followers and began taking pictures. After being asked to leave, the patron complied and was escorted out by client. However, when patron was just about to leave, he turned back around and bumped into client and patron. Police were immediately called. The patron declared that he would sue, and he was given a settlement by the owner of the restaurant to avoid the cost of litigation. In the end, Attorney Barabino came to the hearing with videotape, statements, witnesses and other exhibits. After a hearing, the complaint did not issue. It will remain open for six months, assuming no other concerns.
RESULT: Application for Complaint, DOES NOT ISSUE.

October 16^th 2017
Larceny over $250.00
Client was a young man who stole over five thousand ($5,000.00) dollars worth of electronic goods from a chain store in the course of his employment there. The case against client was strong as the store had investigated the case for months and assembled a trove of electronic evidence. In addition, they secured an admission to the crime from client prior to him being formally charged. Negotiations continued for several months and parties involved reached an agreement: client would admit to the charge, he doesn’t pay any probation fees, agrees to take a half program to learn about theft, and pays back the money of the items that he stole. In the end, no conviction would appear on his record as long as he complies with the agreement.
RESULT: ADMISSION TO CHARGE WITH CONDITIONAL AGREEMENT FOR DISMISSAL

November 2nd 2016
Drug, Possession to Distribute Class D
Drug Violation Near School/Park
Client was a young man in high school who was charged with distribution of marijuana in a school zone. After an investigation and digestion of the discovery and facts, a motion to dismiss was filed. The motion detailed the facts, the law, and argued how the case should be dismissed. The lengthy memorandum was filed and discussions with District Attorney additionally held. In the end, the hard working and professional district attorney agreed to simply dismiss the charges. All charges dismissed.
RESULT: Motion to Dismiss, FILED, CASE DISMISSED.