» District Attorney

March 27, 2017
Assault
Threats to Commit a Crime
Client was a hardworking professional with a limited prior record. He was charged with Assault of his girlfriend and making threats. According to police, after a night of drinking he made threatening gestures and statements, all of which were supported by police charges. Client wanted to resolve the matter without delay and take responsibility. However, even though the District Attorney presented a reasonable recommendation, it included the lengthy forty-two-week (42-week) Batterers Intervention program. Also, the District Attorney wanted random drug testing. After a hearing, the judge agreed with Attorney Barabino that the prior two conditions were not necessary as long as defendant agreed to remain alcohol-free.
Result: No Batterers Program Required and No Drug and Alcohol Screens. CASE DISMISSED AFTER ONE YEAR

March 8, 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 stepfather 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 dangerousness hearing was held since the District Attorney believed the 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.

February 21, 2017
Intimidation of a Witness
Assault and Battery with Serious Injury
Reckless Endangerment of a Child
Assault and Battery
Assault and Battery on a Pregnant Person
Client was a hard-working married professional. According to police, he had abused his wife over a period of several years. Most recently, the police claimed that he stabbed her hand with a knife. She was injured in such a way that her hand required surgery. The defendant was held without bail, pursuant to the dangerousness statute (§ 58A). After the 58A hearing was held, Attorney Barabino was retained. Attorney Barabino sought to have the prior judge reconsider a prior decision and that decision was reversed. However, the defendant was indicted on all counts. After litigating the case for nearly a year, a motion to dismiss the charges was filed. On or about the same date, a non-binding marital privilege entered. Eventually, a decision was made by the District Attorney to nolle prosequi—which means to dismiss the charges and close the case with no admission of wrongdoing of any criminal act.
Result: Motion to Dismiss filed, CASE DISMISSED, Marital Privilege.

January 5, 2017
Criminal Procedure Rule 30: Post-Conviction Relief - New Trial
Drug, Possession Class B (Cocaine)
Client was a hard-working business owner and professional who sought to undo a past mistake. Years ago, after having been found guilty of possessing cocaine, he wanted to reverse that conviction. His contraband had been tested by a known, discredited lab chemist. The result was that a good-faith basis to reverse the conviction was filed with an affidavit, memorandum, and certified supporting documentation. That package was filed with the court, and a hearing date was scheduled. In the interim, Attorney Barabino met with the District Attorney who was in agreement with his request. The Commonwealth did not file opposition. In the interest of justice, the motion for a new trial was allowed, and the case was dismissed.
Result: Motion for New Trial, ALLOWED, CASE DISMISSED.

July 7, 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 neighbor's 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's office, an agreement was made to allow the case to be dismissed, as long as any out-of-pocket costs were paid.
Result: Deface Property, DISMISSED, In three months, NO ADMISSION TO WRONGDOING.

June 20, 2016
Assault and Battery with a Dangerous Weapon
Assault and Battery
Client was accused of fighting an adult and using a knife. Client claimed he defended himself and never possessed the knife. Opposing party called police first, so the client was targeted by police, using all resources they had available. Those resources included detailed video interrogations, DNA analysis, fingerprint analysis, as well as out-of-court identification processes. After challenging the detailed and professional job of the prosecutor for nearly a year on various points, a motion to suppress the out-of-court identification was filed and a hearing date was set. At the hearing, the District Attorney agreed that the motion should be allowed and that it was dispositive to the case. Case dismissed.
Result: ALL CHARGES DROPPED, MOTION TO SUPPRESS.

June 8, 2016
Negligent Operation of Motor Vehicle
A retired teacher was accused of negligently operating a motor vehicle. There were four separate witnesses, including a police officer who witnessed the motor vehicle crash. The witnesses were not helpful to the defendant. A plea was made before the judge asking for ninety-day probation. The District Attorney sought slightly more probation time. In the end, the judge sided with Attorney Barabino and allowed the defendant’s case to be dismissed, as long as she stayed out of trouble, for a ninety-day period—otherwise called a continuance without a finding (CWOF).
Result: Case to be DISMISSED AFTER 90 DAYS, with NO CONVICTION ON RECORD. Enroll in two driver safety courses.

December 10, 2015
Negligent Operation of Motor Vehicle
Unlicensed Operation of a Motor Vehicle
Use Motor Vehicle Without Authority
Fail to Stop for Police
A super-pleasant young man with great potential made a momentary bad judgment. According to police, in the early morning hours they noticed a vehicle commit a civil infraction. They sought to pull the vehicle over but the driver refused. They followed the vehicle briefly. The vehicle was being driven negligently and after a brief pursuit came to a stop. Prior to arraignment, every effort was made to develop and demonstrate to the District Attorney the impressive background of the young man. In the end, an agreement was struck where he would not admit wrongdoing and the case would be dismissed in 90 days. This pre-trial probation term allows him to retain the presumption of innocence and a full dismissal of the charges.
Result: Case to be DISMISSED after 90 Days with NO ADMISSION OF WRONGDOING.