» Legal Remedy

License Suspension Violation, NOT GUILTY, NO JAIL TIME

August 11th 2014
License Suspended, Operating Motor Vehicle
Client had been charged with operating with a suspended license for OUI. The distinction between License Suspended for OUI and Licensed Suspended is significant. Driving with a suspended license for OUI has mandatory jail term of at least 60 days. Attorney Barabino made the distinction in the law clear to the judge. Although the judge did not send client to jail, he declined to enter proper verdict. The proper verdict was not guilty. After providing client with appellate counsel, the case was brought back to the court and his record amended to the lesser-included offense. In the end, defendant not guilty of the original charge.
RESULT: NOT GUILTY of the original charge, Docket Amended, NO JAIL TIME.

Probation Violation, CONDITIONAL REPROBATION, NO STATE PRISON TIME

June 18th 2014
Probation Violation/Surrender
Client was a bright young man who required representation for a probation violation. He had several violations. His violations included multiple positive drugs screens—meaning he used drugs in violation of his contractual agreement. He also failed to appear for probation, and additionally, while he was waiting for his final probation surrender, he was charged with another probation violation of assault and battery inside the jail. After months of discussions, the judge said he would release the defendant with conditions. Client stays in jail for nearly four months—but in the end avoids a lengthy state prison sentence and is released from custody.
RESULT: CLIENT REPROBATED, with Additional Conditions. NO STATE PRISON TIME.