» Motion to Dismiss

1st OFFENDERS Disposition, NOT RESPONSIBLE Both Civil Infractions.

November 8th 2018
FIRST OFFENSE OUI- Liquor or .08%
Marked Lanes Violation

Mobile Phone, Operator Use Improperly
Client, a young Ph.D. Biotech manager was charged with OUI first offense. According to Police, she was seen driving erratically late at night. The police arrested her after they believed she failed the sobriety test and other indicators of intoxication. Not interested in prolonged, possibly unpredictable and more costly litigation she chooses enter a plea before the court. Attorney Barabino, moved the case so that she could close out the case sooner that it had been originally planned. Once at court, the understanding and reasonable district attorneys reviewed her background and engaged in a discussion, agreeing to a continued without-a-finding for 12 months and 45-day loss of license. They also agreed to find her Not Responsible for the Mobile Phone use ticket. Once in front of the judge, Attorney Barabino argued for the above disposition AND for her to be found NOT RESPONSIBLE on the marked lanes violation, to which the judge agreed too.
RESULT: 1st OFFENDERS Disposition, NOT RESPONSIBLE Both Civil Infractions.

Use of Motor Vehicle w/out Authority, Trespassing, MOTION TO DISMISS ALLOWED

January 24th 2017
Use Motor Vehicle Without Authority
Smart professional employed at an airport was accused of taking a person’s car without authority. According to police, client took the keys to $205,000 Porsche that was not his. In the end, Attorney Barabino filed a Motion to Dismiss, an affidavit, and memorandum of law. All of which allowed by judge.
RESULT: Motion to dismiss, ALLOWED.

Drug Distribution in a School Zone, CASE DISMISSED

November 2nd 2016
Drug, Possession to Distribute Class D
Drug Violation Near School/Park
Client was a young man in high school who was charged with distribution of marijuana in a school zone. After an investigation and digestion of the discovery and facts, a motion to dismiss was filed. The motion detailed the facts, the law, and argued how the case should be dismissed. The lengthy memorandum was filed and discussions with District Attorney additionally held. In the end, the hard working and professional district attorney agreed to simply dismiss the charges. All charges dismissed.

Assault and Battery, DISMISSED

June 9th 2016
Assault and Battery
Client was a hard working mechanic who was accused by his ex-girlfriend of assaulting and battering her. It was an unfounded accusation. There had been a verbal argument and the uninjured girlfriend made various statements to police. The stories she told police were inconsistent and damaged her already questionable credibility. A trial date was set. The accuser failed to appear so the court had little option but to allow Attorney Barabino’s Motion to Dismiss.
RESULT: Charge of Assault and Battery, DISMISSED.

Drug Possession Charges DISMISSED

July 5th 2015
Drug, Possession to Distribute Class B
Drug, Possession to Distribute Class B
Drug, Possession to Distribute Class B
Drug, Possession to Distribute Class C
Drug, Possession to Distribute Class E
Drug, Possession to Distribute Class C
Client was a young engineer involved with drugs. While under the influence, a young lady friend came over his home. She stayed at his home as a guest and tragically she passed away during the night as a result of a drug overdose. The defendant found her unresponsive and called police without hesitation. His attempts at first aid were valiant but unsuccessful. When police arrived to the home in response to the 911 calls they noticed various drugs in plain view. Those drugs included Morphine, Methadone, Suboxone, Klonopin, Gabapentin and Clonidine. There was enough in the view of police of each drug to charge distribution of the drugs. The police demonstrated a high level of expertise, professionalism, and sophistication. Their expertise was clear as they quickly noticed the necessity of applying for a search warrant for the drugs and conducting interviews and interrogations with proper rights administrated. In the end, the case moved through the court for nearly two years. As the case was close to trial, the District Attorney reduced the Class “A” charge to simple possession. That developed an opening to file a motion to dismiss not only that charge but also the remaining charges under the more recent law protecting people against being charged for possession of drugs when they call for help for people experiencing an overdose. The motion was filed. A hearing date was set. District Attorney stated his anticipated intend of dismissing the charges. On the day of the hearing, the case is dismissed in its entirety.


March 16th 2015
Drug, Possession to Distribute Class B, Subsequent Offense
Drug, Possession to Distribute Class C, Subsequent Offense
Drug, Possession to Distribute Class B, Subsequent Offense
Conspiracy to Violate Drug Law
Drug Violation Near School/Park
Client was a hard working father and husband. According to police, he was a convicted drug dealer who was dealing drugs. According to a report filed by police, client met with another individual who was buying his drugs. An informant had been providing information to police, they said. Police saw client and ordered him to exit the motor vehicle. They asked him questions and lastly confiscated his phone, money and small amount of drugs. The charge required an indictment to Superior Court because it was not his first arrest for dealing. However, the case ultimately remained within District Court. Police initiated forensic investigation into his phone after receiving search warrant. Attorney Barabino would later seek to have that thrown out as evidence, but first he sought a hearing to reduce the school zone/park violation. He filed a Motion to Dismiss, and after a hearing, that motion was allowed. That meant client was no longer subject to the mandatory two-year prison sentence. That charge was consequently dismissed. Afterwards, another hearing was set and motions and legal memoranda filed to suppress or wipe out all the evidence. Attorney Barabino attempted to persuade the judge that the search was illegal. When the judge ruled that the search is indeed illegal, that evidence that was located was not permitted to be used. After the hearing another date was set to hear the judge's ruling. At that hearing, the judge filed a lengthy legal memorandum setting out the reasons why all the evidence would be suppressed. All charges would be dismissed.
RESULT: Motion to Dismiss School Zone/Park, ALLOWED, Motion to Suppress all the evidence, ALLOWED.

Domestic Assault and Battery, DISMISSED

June 11th 2014
Assault and Battery
A young, classy U.S. Marine war veteran and college student was charged with Domestic Assault and Battery against his wife. According to Police, he spit in her face and pushed her with two hands. Attorney Barabino brought the matter to trial, and at the day of trial, the wife asserted her privilege not to testify against her husband. With no other evidence, the judge allowed a Motion to Dismiss, and the defendant was discharged. Case dismissed.
RESULT: Domestic Assault and Battery, 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.


July 30th 2013
Vandalize Property
Disorderly Conduct
Client was spending time with her boyfriend at a local hotel. According to police, they were overflowing their room's bathtub when they were called. As a result, the police and firefighters responded to the hotel room. When they arrived, boyfriend simply refused to allow law enforcement entry to the room. They were forced to pry open the door—resulting in even more damage. In the end, the court allowed a motion to dismiss for the vandalism charge and simply a dismissal for the Disorderly Conduct charge if the client agreed to a court cost expense of $150.
RESULT: Motion to Dismiss, ALLOWED, Disorderly Conduct DISMISSED on Court Cost.


June 18th 2013
Firearm on School Grounds, Carrying Chapter 269 Section 10(j)
Client, a building contractor, was found armed with a loaded .380 weapon on his person at a local university. Although licensed to carry the firearm, state law forbids such carrying without specific written permission from the campus police department, which he did not have. As a result, client was charged with the above offense. Client’s main concern was how a potential conviction could impact his license to carry in the future. After several court appearances, a Motion to Dismiss and a Motion to Suppress were filed, and a hearing was scheduled. On the day of the hearing and after all the parties discussed the issues, a resolution of simply dismissing the case after six months of unsupervised probation would close the matter.
RESULT: Motion to Suppress FILED, Deal Made, Six Months of Probation, CASE DISMISSED.