» Felony

Breaking and Entering, MOTION TO SUPPRESS FILED, CONDITIONAL DISMISSAL

September 5th 2013
Breaking and Entering Building Nighttime for Felony Chapter 266 Section 16
Breaking and Entering 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. We could do better—we had to do better. After nearly seven months of litigating the case---we respectfully declined this otherwise well-intentioned and reasonable offer. The reason we declined is two-fold. 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.

Two Counts of Malicious Destruction of Property, DISMISSED

May 8th 2013
Malicious Destruction of Property Chapter
Malicious Destruction of Property Chapter
Client, a junior in high school, faced two potential complaints of Malicious Destruction of Property Over $250.00. The police alleged that client became angry and upset about being blamed for something he was not involved in. When client became angry, it was alleged that he went to a young woman’s home and threw large rocks at the home, damaging the foundation. Moreover, it was alleged that he damaged the motor vehicle at that same home, with a cost of over $250.00. Both charges are felonies. Today, at the clerk's hearing, Attorney Barabino persuaded the assistant clerk magistrate, with the assent of cooperative, professional, and understanding law enforcement, to hold the complaint open for ninety days. As long as client performed restitution, the case would be dismissed without ever appearing on client's criminal record.
RESULT: Application for Complaint, 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 24th 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
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, 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 client. On this occasion, daughter's mother claimed that 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 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 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 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 client could not say no too. 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 the if 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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