» Police

January 10^th 2018
SECOND OFFENSE OUI- Liquor or .08%
Client was a hard-working, former U.S. Army Officer and war veteran was charged with operating under the influence of alcohol, 2^nd offense. According to police, he was operating his vehicle when he lightly struck another vehicle. He was mumbling and disheveled and intoxicated to the point where he was unable to speak coherently and maintain basic balance. Despite the egregious allegations, he did have some defenses. However, despite those defenses, he simply wanted to bring the case to conclusion as quickly as possible, which Attorney Barabino did. The law provides a minimum mandatory disposition for people charged with a second offense charge within ten years of the first charge. As a result of client’s background, Attorney Barabino was able to negotiate the minimum of a sixty-day house of correction sentence, suspended for a two-year period. Client will also be required to attend a mandatory two-week impatient program.
RESULT: 2nd OFFENSE OUI, Standard 2^ndOffense Statutory Disposition

December 4^th 2018
Unlicensed Operation of MV
First Offense OUI- Liquor or .08%
Failure to Stop
A hard-working individual was in a minor car accident and State Police were called to the scene and charged client with operating under the influence of alcohol; driving unlicensed and a civil infraction. According to State Police, client’s breath smelt of alcohol, he was slurring his words, he was unsteady on his feet and had red glossy eyes. When the respectful officer asked about the accident, client was not entirely clear about the account and the damages to the vehicle did not fit his account. Attorney Barabino crossed examined the both the arresting officer and the booking officer. At the conclusion of the case, the jury deliberated and agreed that the client was NOT GUILTY of driving under the influence. The court also marked his civil infraction NOT RESPONSIBLE and the client had already agreed to a three-month probation period on the unlicensed operation which at which time it will be dismissed.
RESULT: JURY RETURNS VERDICT OF NOT GUILTY.

October 25th 2018
SECOND OFFENSE OUI- Liquor or .08%
Open Container
Marked Lanes Violation
Client, was a world-class martial artist, dad and otherwise responsible citizen. According to the police, the client was driving erratically when a citizen called the police to investigate. When police arrived, they found client was operating his vehicle and in possession of an open bottle of brandy. The client agreed to a breathalyzer test and blew a .26 which is three times the legal limit. The Commonwealth sought a six-month suspended sentence and two-year loss of license. In addition, they requested a two-week impatient program. Attorney Barabino sought a first offense which the law allows, if the prior offense was more than ten years as was the case. Attorney Barabino provided a memorandum to the court outlining the clients unquiet and distinctive career path. In the end, the court agreed with Attorney Barabino for a 1st offense disposition. So, he received a guilty conviction, but as a first offender. The result will be he will be allowed to request a hardship license before the registry at a sooner date and support his family while maintaining safety and sobriety for the him and the community in general. Also, client does not have to attend the two-week impatient program.
RESULT: 2nd OFFENSE provided 1st OFFENSE DISPOSITION.

August 29th 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 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 others 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

August 2nd 2018
Assault
Client was working his second job as a manager for a restaurant when a patron made repeated complaints. After trying to resolve the situation to the patron's satisfaction, the man (a lawyer), said he would tell his Twitter followers and began taking pictures. After being asked to leave, the patron complied and was escorted out by client. However, when patron was just about to leave, he turned back around and bumped into client and patron. Police were immediately called. The patron declared that he would sue, and he was given a settlement by the owner of the restaurant to avoid the cost of litigation. In the end, Attorney Barabino came to the hearing with videotape, statements, witnesses and other exhibits. After a hearing, the complaint did not issue. It will remain open for six months, assuming no other concerns.
RESULT: Application for Complaint, DOES NOT ISSUE.

December 29^th 2017
Negligent Operation of Motor Vehicle
Miscellaneous Municipal Ordinance 14-1
Client was a young man about to begin his first year of college. According to police, he was driving recklessly, passing cars and almost striking an officer. When police stopped him they were concerned that he was under the influence of an intoxicating substance. In addition to the facts witnessed by the police officer, client was disrespectful and verbally combative with the officer. In the end, to avoid a conviction on his record, client agreed to being on probation for 18-months, a driver safety course, and an evaluation to ensure that he is not abusing illicit drugs. If successful, the charge will be dismissed at the conclusion of 18-months. Additionally, his speeding fine and charge was found not responsible.
RESULT: DISMISSED, on condition client completes 18-month probation with conditions.

June 15^th 2017
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Aggravated Rape of Child, By Force
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Hardworking father and veteran did the unthinkable--he sexually abused his daughter. Recognizing his crime, client honorably presented himself to the local police department to ask that he be held accountable. He was not under investigation, suspicion or in warrant status when he did so. The result was several indictment(s) which carry, in some instances, life sentences. This District Attorney assigned the case had recently requested life sentences for like situations (after trial). Attorney Barabino worked with all involved and, in the end, negotiated a sentence which was 10-12 years in prison and some probation afterward. This will allow defendant to be possibly released in the minimum time allowed by law for an aggravated rape offense, which is ten years. This was devastating for all involved—fortunately the victim is doing very well (but the effects of abuse can take years to show up). No more than mandatory minimum sentence of 10-12 years in state prison, with brief probation term after release.
RESULT: DEFENDANT ELIGIBLE FOR RELEASE AT MINIMUM MANDATORY DATE.

June 2^nd 2017
OUI –Drugs Serious Bodily Injury 2^nd Offense
Failure to Stop for Police
Negligent Operation of Motor Vehicle
Client, a retired teacher, was reported to police to be having some type of medical emergency and acting irrationally. Client drove off, driving erratically on opposite lanes of travel and reaching speeds of over ninety miles an hour. With police in hot pursuit, client hit a telephone poll, split it in half, while the car flipped over and burst into flames. Fortunately, police were at the scene to extinguish the flames, and rescue client. She was charged for OUI-drugs, failure to stop for police, and negligent operation of a motor vehicle. Attorney Barabino entered a plea on negligent operation, for which a disposition would take place in the future. The two other charges went to trial. A verdict of not guilty was returned on both the OUI-drugs second offense and failure to stop for police. There were challenges in the Commonwealths case and in the end, client was grateful for the efforts of all involved, including the police, who charged him. Another charge of serious bodily injury was reduced at a clerk magistrate hearing prior to arraignment.
RESULT: OUI-drugs, second offense, NOT GUILTY, failure to stop for police, NOT GUILTY.