» Motion

First Offense OUI, DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM

August 16th 2017
1st OFFENSE OUI- Liquor or .08%
Client, a young college graduate, was driving and struck a parked car. He was eventually apprehended and charged with a first offense OUI. Defense made several challenges to admission of evidence of the Commonwealth via motion to suppress. Although the court denied the motion, the court authored a well written and detailed 9-page decision for their rationale and basis. The client agreed to a plea that would place him on probation for one year—with the agreement that the charge would be dismissed from his record at the end of that calendar year.
RESULT: First Offense OUI DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM.

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

January 24th 2017
Use Motor Vehicle Without Authority
Trespassing
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.

Assault and Battery, MOTION TO SUPPRESS FILED, ALL CHARGES DROPPED

June 20th 2016
Assault and Battery with a Dangerous Weapon
Assault and Battery
Client was accused of fighting an adult and using a knife. Client claimed he defended himself and never possessed the knife. Opposing party called police first, so client targeted by police, using all recourses they had available. Those resources included detailed video interrogations, DNA analysis, fingerprint analysis, as well as out-of-court identification processes. After challenging the detailed and professional job of the prosecutor for nearly a year on various points, a motion to suppress the out of court identification was filed and a hearing date was set. At the hearing, the District Attorney agreed that the motion should be allowed and that it was dispositive to the case. Case Dismissed.
RESULT: ALL CHARGES DROPPED, MOTION TO SUPPRESS.

Possession of Heroin, SUPPRESSION HEARING SUCCESSFUL, MOTION TO DISMISS ALLOWED, CHARGE FORMALLY DISMISSED

October 5th 2015
Possession of Heroin
According to police, client was acting suspiciously and coordinating a drug deal. After monitoring some observations, police stopped a vehicle he was traveling in. What occurred after the stop was, according to Attorney Barbaino, an illegal search and seizure. When an illegal search and seizure occurs, the next step is to make a formal challenge to the government. As can been seen and as is done in each case that this occurs, Attorney Barabino drafts and files a motion and memorandum of law detailing his claims. A date is set to bring in the officers to court to challenge the process of the arrest and drug discovery and the judge reviews the testimony. Occasionally, the judge will make his decision right after the hearing. In this case, the judge tendered a very well written, detailed finding. The result of his finding was that Attorney Barabino’s motion to suppress would be allowed. And since the drugs could not be used as evidence in the case, the result was that the matter would be dismissed. The Commonwealth had an administrative review of 30 days to decide whether to appeal. However, in this case, like most, the case would simply be dismissed on the day the defendant returns to court.
RESULT: Suppression Hearing, SUCCESSFUL, Motion to Dismiss, ALLOWED. Client returns to court for formal DISMISSAL OF THE CHARGE.

Motion to Suppress, PARTIALLY ALLOWED, CASE DISMISSED

March 5th 2015
Unarmed Robbery
Assault and Battery
Client was charged with Unarmed Robbery and Assault and Battery. According to police, a man called police and said three people just beat him up and robbed him. Unfortunately for defendant and two friends, they had been walking down the street from a party just a few blocks away. Initially, police found money in their pockets similar to what had been taken, blood on one person's shirt, and positive identification from the victim. However, soon it became clear that they were a victim themselves as a large party of similar looking people had just concluded. There was no blood and the money was simply their own. Nevertheless, the case proceeded through the court system. The police testified at a hearing that the young men were all friendly and respectful. Prior to trial, a challenge by Attorney Barabino and his two co-defendant lawyers petitioned to Suppress the Identification—as it was simply the wrong one---or a misidentification. Ultimately, that motion was partially allowed and the District Attorney elected to dismiss all charges. Case dismissed.
RESULT: Motion to Suppress, ALLOWED (In Part), Case DISMISSED.

Leaving the Scene of Property Damage Charges, OUI-Liquor, NOT GUILTY OF OUI/DWI

July 24th 2014
Leave Scene of Property Damage
Leave Scene of Property Damage
OUI - Liquor or .08%
Client was a hard working, truck-driving grandfather. According to police, he smashed into another motor vehicle and a road sign at a parking lot and left without informing anyone. The police investigated and interviewed the defendant at his home. When they interviewed the defendant, he had slurred speech, smelt of alcohol and had a hard time standing up. Attorney Barabino filed a motion to suppress statements made by the defendant, but the judge at an earlier date did not allow the motion. After viewing the scene and interviewing the witnesses, who gave a much different account than the police, a trial was requested. At trial, a judge declared that the Defendant is not guilty. A prior agreement for leaving the scene was generally continued for six months with no admission of any wrongdoing. Client had been an immediate threat and unable to drive since the beginning of the case, but could immediately seek reinstatement from the Registry of Motor Vehicles.
RESULT: NOT GUILTY OF OUI/DWI.

Possession of Drugs, MOTIONS ALLOWED, CASE DISMISSED

January 23rd 2014
Possession of Class B, Subsequent Offense
Client had previously admitted guilt to a charge of possession of cocaine, subsequent offense. Attorney Barabino sought to reopen his case since the drugs had been tested by the drug lab manipulator “Annie Dookham”. Attorney Barabino brought a motion to reopen the case or a Motion for a New Trial. That motion was allowed despite being vehemently opposed by the District Attorney. The District Attorney refused to dismiss the charges even though client had served a majority of the jail time that is permitted for the charge. As a result, Attorney Barabino sought to dismiss the evidence, since he alleged that it was obtained in violation of his constitutional rights—which ultimately would have forced the case to be dismissed. The court, in its eventual ruling, sided with the defendant. In this case, the Commonwealth sought additional time to consult with their appellate division, but the result remained clear, and despite the additional time, the case would be dismissed.
RESULT: Motion for a New Trial, ALLOWED, Motion to SUPPRESS, ALLOWED, Case DISMISSED.

Vandalism, Disorderly Conduct, MOTION TO DISMISS ALLOWED, DISORDERLY CONDUCT CONDITIONAL DISMISSAL

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.

Disturbing the Peace, Carrying a Dangerous Weapon, MOTION TO DISMISS ALLOWED, CASE DISMISSED

March 5th 2013
Disturbing the Peace Chapter 272 Section 53
Dangerous Weapon, Carry, Subsequent Offense Chapter 269 Section 10(B) & (D)
Client was a hard working electrician. He was charged with Disturbing the Peace and Possession of a Dangerous Weapon, Subsequent Offense. The second charge was required to be prosecuted in Superior Court and State Prison was mandatory upon conviction. However, the District Attorney allowed the case to remain in District Court and prosecuted it as a first offense. Attorney Barabino filed a Motion to Dismiss the charges in their entirety. The motion, complete with a lengthy memorandum of law and supporting affidavit, was provided to the court and a hearing was scheduled. After the motion, the court agreed that the motion should be allowed and the case dismissed. The District Attorney simply agreed to dismiss the Disturbing the Peace charge after the hearing.
RESULT: Motion to Dismiss ALLOWED, CASE DISMISSED.