» Legal Memorandum

Motion to Suppress Identification, ALLOWED

March 18th 2015
Larceny by Single Scheme
Credit Card False over 250
Identity Fraud
Client was a polite, bright young man who had a drug problem. According to police, he was involved in several schemes to defraud people. First, gaining access to their credit cards and eventually using those credit cards for exorbitant purchases. Police investigated and made an identification of his co-defendant. Attorney Barabino sought an evidentiary hearing, filing a motion with the court with a supporting legal memorandum outlining the reasons why the court should not permit the “I.D.” to be allowed, since it was suggestive. The court agreed. The motion to exclude the ‘I.D.” was allowed and little evidence remained in the case for the prosecution. After nearly a year of preparation, the case resulted in a dismissal.
RESULT: Motion to Suppress Identification, ALLOWED. CASE DISMISSED.

Abuse Prevention Order Violation, FILED AND ALLOWED, CASE DISMISSED

January 21st 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 choose to arrest her instead while in 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.