» Immigration

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

Motion to Suppress Evidence, FILED, CASE DISMISSED PRIOR TO HEARING

August 2nd 2017
Conspiracy
Attempt to Evade Tax
Client was in possession of a large amount of tobacco products from a southern state—without license or stamp. The amount of tobacco was substantial. Immigration consequences if the case was not successful. Several court dates led to the filing of a motion to suppress evidence. At that key hearing, Commonwealth declared that they would not be able to secure a necessary witness and were then forced to dismiss the entire case.
RESULT: Motion to Suppress Evidence, FILED. Case DISMISSED PRIOR TO HEARING.

Unlicensed Operation & Speeding, DISMISSED WITH NO FINE, Forging RMV signature, DISMISSED ON $250.00

July 14th 2016
Unlicensed Operation of a Motor Vehicle
RMV Signature, Forge, Misuse Section
Speeding in Violation of Special Regulation
Client was a chief who was charged with driving on a false license, doing so illegally, and speeding. He was an otherwise reputable member of the community. Charges were negotiated and resolved in just two court appearances. Client paid court fee at conclusion of matter in court and no record for an employer or immigration.
RESULT: Charge of Unlicensed Operation & Speeding, DISMISSED, NO FINE. Forging RMV signature, DISMISSED on $250.00.

Possession w/ Intent to Distribute, REDUCTION FROM DISTRIBUTION TO SIMPLE POSSESSION, Conspiracy, DISMISSED

October 7th 2015
Possession with Intent to Distribute Class “D”
Conspiracy
Client was a loving father, a dedicated employee, and a supportive partner. According to police, an “informant” provided information to police that he thought that drug dealing was occurring at his home. Police, being particularly detailed, commenced what are called “trash pulls”, which included a review of the contents of all their trash at multiple trash drops. A search warrant was executed. Police located a few ounces of marijuana, scales and baggies. The cases presented some complexities since there was an immigration detainer. So the goal was to move the case as fast as possible. However, despite immigration concerns, client and Attorney Barabino didn’t want to see him admit to a distribution charge, when the reality was that it was simply marijuana for personal use, albeit a larger amount than typical for the average smoker. In the end, immigration consequences left us no choice but trial and mid-day into the first day of trial, moments before the jury was to enter, an agreement to reduce the charge to simple possession ended the case.
RESULT: REDUCTION FROM DISTRIBUTION TO SIMPLE POSSESSION. Conspiracy DISMISSED.

Assault and Battery, CROSS COMPLAINT FILED, CASE DISMISSED IN ONE YEAR, NO ADMISSION OF ANY EVIDENCE OR WRONGDOING, NO FEES, NO FINES

December 3rd 2013
Assault and Battery
Client was a young, educated artist from India who came to the United States with her new husband. Shortly after the marriage, the husband made frequent and repeated monetary demands of the defendant and her family. He alleged that the demands were simply an extension of the dowry, or gift giving, in their country's custom. However, when she refused to provide more gifts, he filed for divorce and slammed her with a restraining order. He also claimed that she assaulted and battered him. Then he made attempts to obtain an abused spouse/domestic violence visa from law enforcement, which would have accelerated his own green card application. Then he obtained a restraining order after providing the court with a summary of private conversations that the defendant had with her family and were (accidentally) recorded by her while he was at work. Attorney Barabino was retained after the defendant discharged her prior attorney. When Attorney Barabino took over the case, he restarted the case from its beginning. He hired a forensic computer expert to examine the contents of the unconsented recordings. At the same time, he filed a Criminal Cross Complaint against the alleged victim. Time was of the essence since defendant was on a time sensitive schedule, which could have resulted in her being deported prior to her case being brought to trial. Negotiations resulted in an agreement for a postponed dismissal of the charge. No immigration consequences as well for defendant.
RESULT: Cross Complaint FILED, CASE DISMISSED in One Year, NO ADMISSION OF ANY EVIDENCE OR WRONGDOING, NO FEES, NO FINES.