» Felony

Motion for New Trial, ALLOWED

October 7th 2019
Motion for New Trial
A hard-working long-time public employee was notified that he had a record and that record was problematic. Attorney Barabino and client reviewed the matter. After collecting documentation from decades earlier and reviewing it, it appeared they plead delinquent to a felony charge. After additional review, legal research and interviewing witnesses, Attorney Barabino began to assemble the probable defenses which the young man, as a youth, simply did not do. As a result, various affidavits were assembled along with a motion for a new trial that justice had not been done. That material was complimented by an extensive memorandum of law which laid out all the facts. On the day of the hearing, the Commonwealth assented that there were enough defects in the decades old that that a new trial was warranted. And upon, that declaration agreed to dismiss the charges.
RESULT: Motion for New Trial, ALLOWED, Case DISMISSED.

AGREEMENT to REDUCE the FELONY to a MISDEMEANOR

February 15th 2019
Larceny from a Building
Client was a young man who had had sporadic involvement with the law, but no prior convictions. He also was beginning to dabble in illicit drug use. According to police, while employed at a coffeeshop he aided and abetted another individual to steal several hundred dollars from his place of employment. The police used videotape, statements of employees and the defendant statements as well. On the day of trial, a discussion took place and an agreement that would REDUCE the charge for a FELONY to a MISDEMEANOR and place the defendant on probation for a year. Also, the charge would be a continued without a finding which mean it can be dismissed if client complies with probation agreement. The probation agreement was tailored so he will be drug-screened for a period of 12 months-but if he is clean for the first three months he does not have to engage in further screens. Lastly, he is required to pay the out of pocket money stolen from the donut shop.
RESULT: AGREEMENT to REDUCE the FELONY to a MISDEMEANOR and a DISMISSAL will follow, if completes the term of one-year probation.

Assault, CONDITIONAL CASE DISMISSAL

August 23rd 2018
Assault
Client was a hard-working father, husband and employee. Objectively significant obstacles resulting in him disciplining his insubordinate daughter resulted in criminal charges of abuse. Shortly after the charge, Immigration and Naturalization took him into custody. His lawyer for his immigration case was able to secure his release from custody. Attorney Barabino worked with all involved, including the Department of Social Services and the District Attorney. In the end, the case will be dismissed with Pre-Trial Probation, which is not probation at all. As long as he stays out of trouble for nine months, this case will be dismissed with no admission of guilt. Client maintains the presumption of innocence and his clean record.
RESULT: CONDITIONAL CASE DISMISSAL

Assault and Battery with a D/W (Dangerous Weapon), FELONY DISMISSAL

April 24th2018
Assault and Battery with a Dangerous Weapon
Client, a young adolescent, was being bullied and simply didn’t want to be bullied any longer. Finally, client decided to challenge bully to fistfight and subsequently won the fight. However, after the fight bully and called police and an investigation followed. According to police, client had hit him multiple times, resulting in a concussion and other small injuries. However, the medical documentation that the District Attorney sought was not available and co-defendants that had also been involved in the fight were not able to provide evidence. In the end, Attorney Barabino and client sought and received a jury trial date and when the person who made the complaint failed to appear as a witness at the trial date, the case was forced to be dismissed. Felony Case Dismissed.
RESULT: Assault and Battery with a D/W ( Dangerous Weapon), FELONY DISMISSAL

Larceny over $250, ADMISSION TO CHARGE WITH CONDITIONAL AGREEMENT FOR DISMISSAL

October 16th 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

Larceny over $250, GENERAL CONTINUANCE WITH PRESUMPTION OF INNOCENCE AND DISMISSAL

March 28th 2017
Larceny over $250.00
Client was a young mother who stole an item worth close to five hundred dollars. A conviction and even an admission to this felony charge would have been very destabilizing to her life. Attorney Barabino sat down with the attentive and professional district attorney. After consultation, an agreement was made for client to begin counseling, pay a five-hundred-dollar civil fee, and after a period of six-months, the case would in exchange be dismissed in its entirety.
RESULT: Pre-trial Probation/ GENERAL CONTINUANCE WITH PRESUMPTION OF INNOCENCE AND DISMISSAL.

Leaving the Scene of Personal Injury, NO JAIL AND NO CONDITIONS WITH PROBATION, Texting while Driving, NOT RESPONSIBLE, NO RESTITUTION

February 27th 2017
Electronic Message, Operator Send/Receive
Leave Scene of Personal Injury
Leave Scene of Property Damage
Client was alleged to have operated a motor vehicle, made contact with another vehicle, and left the scene of the incident in question. The impact of the accident caused the other driver, who was pregnant, to collide with a property structure so hard that she had to be extracted from the wreckage with the assistance of the police and fire department. After a year-long examination of all potential defenses, Attorney Barabino negotiated a plea without jail time and no conditions of probation.
RESULT: Leaving the Scene of Personal Injury, NO JAIL AND NO CONDITIONS WITH PROBATION, Texting while Driving, NOT RESPONSIBLE, NO RESTITUTION.

Malicious Destruction of Property, Breaking and Entering Nighttime, Larceny in Building, CASE DISMISSED

March 27th 2015
Malicious Destruction of Property
Breaking and Entering in the Nighttime for Felony
Larceny in Building
Client was a young, hard working juvenile who was polite, respectful, and an excellent student. According to police, he went into school late at night without permission and acted irresponsibility. This was an unacceptable act and inconsistent with his good tempered disposition and attitude. He was charged with felony offenses and the Commonwealth had a fairly strong case. Admitting to any of these types of offenses was unacceptable. Nevertheless, after several months of investigation and negotiation, Attorney Barabino today persuaded the prosecutor and the judge to place client on pre-trial probation for two months. As long as client refrains from committing any further offenses and pays back the money to the school for the damage, this case will be dismissed. No admission to any criminal act, misdemeanor, or felony.
RESULT: Sentencing Memorandum FILED, CASE DISMISSED.

Larceny Charges, Shoplifting, NO FELONY CONVICTION, CONDITIONAL ADMINISTRATIVE PROBATION ALLOWED

September 25th 2014
Larceny over $250.00
Larceny over $250.00
Larceny over $250.00
Shoplifting
Larceny under $250.00
Larceny under $250.00
Client was pursuing his Masters 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 consequentially 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. Client convictions would be dismissed if defendant were to pay back the $4800.00 within eighteen months. Also, the court allowed 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.

Larceny from a Building, NOT GUILTY

September 18th 2013
Larceny from a Building
Client was a young man charged with the felony offense of Larceny from a Building. According to police and surveillance video provided by the establishment, the Defendant did take a pocketbook. However, after several witnesses testified that the bag was left untouched in his friend’s car and the Defendant testified himself explaining that his girlfriend had the same type of purse, the jury quickly agreed that he simply made a mistake.
RESULT: Jury Verdict: NOT- GUILTY