» District Attorney

March 5, 2015
Unarmed Robbery
Assault and Battery
Client was charged with Unarmed Robbery and Assault and Battery. According to police, a man called police and said three people just beat him up and robbed him. Unfortunately for the defendant and two friends, they had been walking down the street from a party just a few blocks away. Initially, police found money in their pockets similar to what had been taken, blood on one person's shirt, and positive identification from the victim. However, soon it became clear that they were victims themselves as a large party of similar looking people had just concluded. There was no blood and the money was simply their own. Nevertheless, the case proceeded through the court system. The police testified at a hearing that the young men were all friendly and respectful. Prior to trial, Attorney Barabino and counsel for his two co-defendants petitioned to suppress the identification—as it was simply the wrong one, or a misidentification. Ultimately, that motion was partially allowed and the District Attorney elected to dismiss all charges.
Result: Motion to Suppress, ALLOWED (In Part), Case DISMISSED.

October 10, 2014
OUI - Liquor or .08%
Client was a hard-working government employee with no criminal record. According to police, he rear-ended another vehicle and was given a sobriety test, which they say he failed. Client took a Breathalyzer test and registered over twice the legal limit. Attorney Barabino consulted with his client very early, who simply sought to be walked through the process as efficiently and inexpensively as possible. The District Attorney sought an 18-month probation period but after a hearing, the court allowed the defendant's request for a one-year period instead.
Result: COURT ALLOWS DEFENDANT'S REQUEST FOR LESS PROBATION.

September 25, 2014
Larceny over $250.00
Shoplifting
Larceny under $250.00
Client was pursuing his Master's in Business Administration (MBA) out of state. Prior to him enrolling in his program, he had been employed at Nordstrom’s department store. While employed at the store, he became involved with several others in taking items from the store that didn’t belong to them. The arrangement was complex, so the investigation was consequently extensive and detailed. The charges were, in part, felonies, which was simply unacceptable for someone who intended to have a future as a professional. The District Attorney sought guilty convictions. Attorney Barabino brought the matter before a judge and the judge agreed with Attorney Barabino. The client's convictions would be dismissed if the defendant were to pay back the $4,800.00 within eighteen months. Also, the court allowed the defendant's probation to be administrative so he would not have to physically appear in the courthouse and could leave to attend his out-of-state MBA program.
Result: NO FELONY CONVICTION, Upon Completion of Probation, ADMINISTRATIVE PROBATION ALLOWED.

June 12, 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 the 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 without the wife's testimony, 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.

May 27, 2014
Assault and Battery
A hard-working delivery driver was accused of assaulting his girlfriend. According to police, he pushed her onto the couch, as he wanted her out of his home. When police arrived, he denied these allegations and he was arrested. Attorney Barabino was retained and represented the matter. On the day of trial, the District Attorney was able to speak to the complainant and simply agreed to stop the prosecution with a general continuance.
Result: DISMISSED as a General Continuance in 6 Months. NO ADMISSION OF WRONGDOING, NO COSTS, FEES, OBLIGATIONS, OR COMMITMENTS.

April 30, 2014
2nd Offense OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Operating Motor Vehicle with Suspended License
According to police, the client drove recklessly around state police who were assisting with road construction safety. According to the police report, the 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.

October 22, 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 a 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.

September 5, 2013
B&E 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. Attorney Barabino believed they could do better—they had to do better. After nearly seven months of litigating the case, Attorney Barabino respectfully declined this otherwise well-intentioned and reasonable offer. The reason Attorney Barabino declined is twofold. 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.