» Experienced Criminal Defense Attorney

Domestic Assault and Battery, DISMISSED

June 11, 2014
Assault and Battery
A young, classy U.S. Marine war veteran and college student was charged with Domestic Assault and Battery against his wife. According to police, he spit in her face and pushed her with two hands. Attorney Barabino brought the matter to trial, and on the day of trial, the wife asserted her privilege not to testify against her husband. With no other evidence, the judge allowed a Motion to Dismiss, and the defendant was discharged. Case dismissed.
Result: Domestic Assault and Battery, DISMISSED.

Assault and Battery, DISMISSED, ALLOWED TO APPLY FOR LTC CARD AGAIN WITHOUT DELAY

May 4, 2014
Assault and Battery
A hard-working father, employee, and candidate for the police academy was arrested for fighting with his brother. Police charged the client with assault and battery. Mandatory disqualification from carrying a firearm if convicted, among many other consequences such as job termination, refusal to enter school property, and possibly jail time. During the case, the District Attorney sought to summon potentially damaging medical records into the court. Fortunately, after a complicated hearing attempt to obtain those records, the Commonwealth chose a compromise, which resulted in a trial date set and a dismissal on that trial date. As agreed, a dismissal entered on the trial date. Case Dismissed. Client can reapply for License to Carry Concealed Permit (LTC) card right away.
Result: Charge of Assault and Battery, DISMISSED. Client CAN reapply for License to Carry Concealed Permit (LTC) card, right away.

Sex Offense, LEVEL III OFFENDER STATUS LOWERED TO LEVEL II

July 13, 2012
The Sex Offender Registry Board (SORB) categorized the client, a father of two, as a Level III Sex Offender. When the Board determines that the risk of re-offense is high and the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active dissemination, it gives a Level III designation to the sex offender. The Level III status is devastating to the offender since it requires active public notification wherever the offender lives and works. In the present case, Attorney Barabino conducted countless interviews and assembled all the relevant documentation for presentation to the SORB Board. After several weeks of waiting for the written decision, all the parties were notified that the client was reduced to a Level II status—consequently not requiring public notification of his crimes.
Result: Client’s Level III Status LOWERED FROM LEVEL III TO LEVEL II.

Threats, APPLICATION FOR COMPLAINT DISMISSED

March 9, 2012
Threats to commit a crime Chapter 275 Section 2
Client, an employee of a local hospital, was charged with threats against the new girlfriend of her ex-boyfriend. The police alleged that she repeatedly called the woman with nearly fifty texts and finally threatened to hurt the other person and made a voicemail stating that she was “on her way”. Client was very concerned since this would be her first criminal offense. Client took steps prior to the hearing that included therapeutic treatment and aftercare for her unstable emotional state. Attorney Barabino presented the medical documentation along with an explanation of what occurred. After hearing from both parties, the clerk-magistrate agreed to a resolution to keep it open for six months and that no complaint would be filed. The application for the complaint would be dismissed in six months. This case would never appear on the client's record, nor on any background check.
Result: Application for Complaint, DISMISSED.