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Possession of Heroin, NO DRUG TESTING, NO FURTHER COURT DATES OR PROBATION RESTRICTIONS, NO FINDING OF GUILT

June 28, 2013
Possession of Class “A” Heroin
Client was seen purchasing drugs with another female. Once police saw this activity they noticed and observed even more incriminating behavior. They approached the vehicle the client and her friend were in, and when they did the police saw heroin in plain view in her hand. Also within plain view were items used to inject heroin. Client had a desire to bring the case to closure as quickly as possible, so Attorney Barabino negotiated a deal with the District Attorney that allowed her a one-year probation period with no guilty finding. In the end, the case would be dismissed after one year and the client did not have to appear again in court as she was given administrative probation and did not have to have any drug testing.
Result: NO DRUG TESTING, NO FURTHER COURT DATES OR PROBATION RESTRICTIONS, NO FINDING OF GUILT

Disturbing the Peace, Carrying a Dangerous Weapon, MOTION TO DISMISS ALLOWED, CASE DISMISSED

March 5, 2013
Disturbing the Peace Chapter 272 Section 53
Dangerous Weapon, Carry, Subsequent Offense Chapter 269 Section 10(B) & (D)
Client was a hard-working electrician. He was charged with Disturbing the Peace and Possession of a Dangerous Weapon, Subsequent Offense. The second charge was required to be prosecuted in superior court and state prison was mandatory upon conviction. However, the District Attorney allowed the case to remain in district court and prosecuted it as a first offense. Attorney Barabino filed a Motion to Dismiss the charges in their entirety. The motion, complete with a lengthy memorandum of law and supporting affidavit, was provided to the court and a hearing was scheduled. After the motion, the court agreed that the motion should be allowed and the case dismissed. The District Attorney simply agreed to dismiss the Disturbing the Peace charge after the hearing.
Result: Motion to Dismiss ALLOWED, CASE DISMISSED.

Leaving the Scene of Property Damage, DISMISSED

December 13, 2012
Leave Scene of Property Damage
Client was a hard-working music teacher and single dad. According to police, he was in a parking lot and accidentally hit another motor vehicle and purposely refused to stop. Client had no criminal history and an excellent driving record. The District Attorney’s main concern was that the other party be made whole and that they had no out-of-pocket expenses. Once that was confirmed, The prosecution simply dismissed the charge with a $200 court cost. Client was very pleased with the end result.
Result: Leaving the Scene of Property Damage, DISMISSED.

Assault and Battery, DISMISSED, Illegal Drug Distribution, DISMISSED

August 21, 2012
Assault and Battery Chapter 265 Section 15?
Possession to Distribute Class “D” Chapter 94C Section 32(c)
Client was a landscaper who was in warrant status as a result of not reporting to his probation officer. Moreover, he was charged with new crimes of Assault and Battery and Distributing Class “D” (marijuana). Attorney Barabino brought the charges straight to trial—little time to waste since there would be consequences from his probation officer if he was convicted of new charges. At trial, the Commonwealth was unable to secure the necessary witnesses to present their evidence, and the Assault and Battery was dismissed. Attorney Barabino next filed what is called a waiver of jury to allow the judge to hear the remaining evidence for distribution. Once that was complete, the District Attorney simply assented that their probability of securing a verdict was low—so low that they agreed to dismiss the distribution charge in its entirety.
Result: Assault and Battery Charge DISMISSED. Distribution Charge DISMISSED.

Assault and Battery, Vandalism, BOTH CHARGES DISMISSED

July 18, 2012
Assault and Battery
Vandalize Property
Client, a former NHL player and Vietnam War veteran, was charged with assault and battery and vandalizing property. According to the police report, a young boy in the neighborhood was acting unruly and assaultive towards other young boys and girls. Client, witnessing this dangerous behavior, took action by restraining the young boy—leaving a small mark and (possibly) ripping his shirt. Fortunately, a seasoned and experienced district attorney was assigned to the case, who after speaking and doing her own investigation, determined that the actions of the defendant should not be criminally prosecuted—the case was dismissed.
Result: BOTH CHARGES DISMISSED.

Assault and Battery, Breaking and Entering, Vandalizing Property, Intimidation of a Witness, Assault with a Dangerous Weapon, FIVE OUT OF SIX CHARGES DROPPED, MISDEMEANOR DISMISSAL

May 24, 2012
Assault and Battery Chapter 265 Section 15?
Breaking and Entering in the Nighttime for Felony Chapter 266 Section 16
Vandalize Property Chapter 266 Section 126A
Intimidation of a Witness Chapter 268 Section 13b
Assault with a Dangerous Weapon Chapter 265 Section 15B
Client was a laid off manufacturing employee who had a rocky relationship with his daughter’s mother. According to police and his police record, the client has been accused of assaulting her in the past. In fact, she and her child were placed in a residential location paid for via the Commonwealth based on her alleged fear of the client. On this occasion, daughter's mother claimed that the client was able to locate her from an unknown source and when he knocked on her door he pushed himself in the room. Once inside the room, he held her down on the bed and punched her twice in the face. After this struggle, the report stated that he broke two telephones and assaulted her child. Once over, he left the premises and she, exhausted and out of breath, called 911. She informed the police of what had occurred and they placed a warrant out for the client's arrest. Once arrested, a separate hearing was requested from the District Attorney’s office called a 58A. The purpose of the 58A was to see if bail should even be a consideration in this case. The District Attorney was successful and the client was detained until trial. Attorney Barabino and his client had one alternative for the District Attorney to consider. That was drop all the charges or fill in the jury box. No deal was reached. Defense knew that what the alleged victims had told police could be defended in court and there was another story to be told. At the day of trial, Attorney Barabino and his client rejected all offers for a deal. However, as the trial was moments away from beginning, there was one offer the client could not say no to. The offer was to drop five of the six charges in their entirety and the one charge of assault and battery to continue without a finding, which simply means that if the client completes the term of probation the one charge will be dismissed.
Result: FIVE OUT OF SIX CHARGES DROPPED. CONDITIONAL DISMISSAL OF MISDEMEANOR.

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