» Hearing

April 24, 2014
Negligent Operation of Motor Vehicle
Marked Lanes Violation
Client was in a one-person car accident. He was interviewed by state police and eventually arrested and charged with Negligent Operation of a Motor Vehicle and a Non-Criminal charge of Marked Lanes Violation. Since being charged, the defendant's motor vehicle insurance skyrocketed and he faced a mandatory future license loss, fines and fees, and shockingly, a potential two-year sentence in a house of correction. After interviewing the client and examining the scene and related materials, Attorney Barabino filed a Motion to Suppress the statements made by the defendant at his hospital bed. Once the motion was filed, a hearing date was scheduled and all the parties, including police, were required to appear before a judge to hear evidence. Fortunately for the defendant, an experienced district attorney had reviewed the file and after speaking with the officer and reviewing all the facts, allowed a straight dismissal of the criminal charge and a finding of "not responsible" on the civil charge of a Marked Lanes Violation.
Result: Motion to Suppress, FILED, Criminal Case DISMISSED. Civil Violation Declared, NOT RESPONSIBLE.

April 13, 2014
Leaving the Scene of Personal Injury
Leaving the Scene of Personal Injury
Leaving the Scene of Personal Injury
Client was a diligent university student who needed representation. According to police, he left the scene of personal injury involving two damaged vehicles and a broken fence. With an expectation of a law enforcement career, a decision by the clerk magistrate and police to issue the complaint would have been very hurtful for the client's prospects. A full and truthful hearing was held and all the facts were listened to. The police, the court, and all involved were fair and judicial. Taking everything into consideration and after a hearing, they did not issue the complaint.
Result: Application for Complaint DISMISSED, PRIOR to Arraignment.

January 21, 2014
Abuse Prevention Order
Client was a hard-working woman with no criminal record. According to police, her ex-lover said she violated a recent restraining order that was in place. Police could have mailed her a letter ordering her to court—but chose to arrest her instead while at her workplace. Humiliated about the workplace arrest and concerned about a possible criminal record, she and Attorney Barabino filed several motions to help her case, including a Motion to Dismiss. That motion had a legal memorandum outlining the reasons and justification for the court to order dismissal. The court arranged for a hearing date, and today, after a hearing had been previously held nearly two months ago, the court entered a formal dismissal in her favor, outlining the reasons for the motion to be allowed. Case dismissed.
Result: Motion to Dismiss, FILED, ALLOWED, CASE DISMISSED.

January 21, 2014
Possession of Class “A” Heroin
Client had been accused of dealing drugs from his motel room. According to police, they had credible information that the client was dealing and proceeded to obtain a search warrant for evidence of drug dealing. The police were successful in obtaining the warrant and initiated a raid on what they thought was a drug operation. The result was that the young couple was caught in possession of drugs — not distributing them. They were arrested and Attorney Barabino reviewed the warrant in great detail and, upon recognizing a defect, filed for a hearing to throw out the evidence. That hearing was granted, his motion allowed, and the drugs were not allowed to be used against the defendant. As a result, the case was dismissed.
Result: Motion to Suppress Search Warrant, ALLOWED, CASE DISMISSED.