» Justice

August 29, 2018
Assault and Battery with a Dangerous Weapon
Malicious Destruction of Property
Client was a respected business owner who, according to police, threw an object at a car causing permanent damage to the vehicle. After the incident, words were exchanged between client and accuser (owner of the vehicle). When police arrived, accuser cooperated with their investigation into the matter, and the defendant was subsequently charged with two felony counts of Assault and Battery with a Dangerous Weapon and Malicious Destruction of Property. Attorney Barabino was hired by client and gathered witnesses, photos, and other items and exhibits to offer an alternative explanation as to what happened for the clerk's consideration. In the end, an agreement was reached by all parties involved that client would pay the amount of damage caused to the car in exchange for a resolution of the case.
Result: NO APPLICATION FOR COMPLAINT TO ISSUE

June 28, 2018
Probation Violation/Surrender
Client had previously admitted to a Continuance Without a Finding (CWOF) and was placed on probation for a year. After performing his obligations as agreed, Attorney Barabino filed a motion to terminate his probation earlier than scheduled. On the day of his hearing, the judge endorsed the request and he was discharged early from probation. Case dismissed.
Result: Motion to Terminate Probation Early, ALLOWED.

April 24, 2018
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 the bully to a fistfight and subsequently won the fight. However, after the fight the bully 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 who 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.
Result: Assault and Battery with a D/W (Dangerous Weapon), FELONY DISMISSAL

July 7, 2017
2nd OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Open Container
Negligent Operation of Motor Vehicle
Probation Violation/Surrender
A hard-working mother was on probation for operating under the influence when she was charged again with the same offense. A probation violation was triggered. Attorney Barabino and client rapidly addressed the probation violation at one court and received an agreement with the Commonwealth that she add the SCRAM alcohol monitor to her probation for the first case. The second case (new offense) was placed on a disposition date (today), on which an agreement was made where the client would receive no jail time on the OUI charge and would agree instead to attend a two-week inpatient program, the negligent operation charge dismissed, the highway wrong-way charge "not responsible", and open container of alcohol not responsible.
Result: NO JAIL TIME ON SECOND OFFENSE OUI, NEGLIGENT OPERATION DISMISSED, HIGHWAY VIOLATION AND OPEN CONTAINER VIOLATION NOT RESPONSIBLE.

April 11, 2017
Assault and Battery Chapter
Malicious Destruction of Property
Client was charged with malicious destruction of property under $250.00 and assault and battery on his girlfriend. In the early morning hours, police were called and an allegation was made of client punching a wall and, according to the accuser, also throwing a bottle at her, causing a mark (which was photographed). The case went to trial. On the day of trial, Attorney Barabino secured a very favorable deal, providing the defendant with no admission of any wrongdoing or any probation or conditions.
Result: GENERALLY CONTINUED WITH NO ADMISSION OF WRONGDOING, & SECOND CHARGE DISMISSED ON $100 PENALTY

December 8, 2016
Federal Court Violation Notice Possession of Class “D”
Federal Court Violation Notice Providing Alcohol to Minors
Client was a respectful young man who lived at a military post. As a non-military member, he was cited for two criminal infractions. Those infractions fall under the jurisdiction of the federal court. Attorney Barabino entered into discussions with the military prosecutors well before the hearing. The prosecutors were professional, smart, and knowledgeable about the details of the case. In the end, given all the factors, a non-criminal disposition was entered whereby the client would pay $850 and no criminal record or entry would occur (a.k.a. a forfeiture of collateral). The case was dismissed with no criminal record.
Result: CASE DISMISSED WITH NO CRIMINAL RECORD

October 7, 2016
Drug, Possession to Distribute
Client was caught with a significant amount of Percocet, Suboxone, and cocaine. In addition, he was found with over $1,000 in cash hidden away in a secret stash. After various motions were litigated and experts consulted, a last-minute plea agreement was made whereby the client would be on probation for 18 months with no jail time, and have no probation obligations such as drug testing or outpatient treatment. Client needed this outcome as he had a young child and employment obligations which would have conflicted with any other, more stringent requirements like jail time. Moreover, client had been convicted of distribution on prior occasions.
Result: Administrative Probation, NO CONDITIONS OR OBLIGATIONS AND NO DRUG TESTING

July 21, 2016
Sex Offender Registry Board
Client was an older gentleman who was successful in every aspect of his life. However, abuse of alcohol led him to act on sexual impulses. He was represented by another counsel at a plea in state court for sexual abuse. Shortly after his plea, he was instructed to register as a LEVEL II offender. Attorney Barabino and client sought to challenge the LEVEL II designation. After thorough preparation and review, a hearing was scheduled. At the hearing, Attorney Barabino and client made their case to the SORB official. After months of waiting on the final decision, the SORB reclassified the client to Level I, which allows him to avoid public dissemination of his status.
Result: SORB sex offender level reduced from LEVEL II TO LEVEL I