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Leaving the Scene of Property Damage, NO PROBABLE CAUSE. CASE DOES NOT ISSUE

April 10th 2017
Leave Scene of Property Damage
Leave Scene of Property Damage
Unlicensed Operation of a Motor Vehicle
Client was working two full time jobs when he got into two separate car accidents. He did not remain on the scene, leaving for various reasons when he should not have. Fortunately, with adequate preparation time, client and Attorney Barabino were able to gather weather data for the date of the accident from the federal government, as well as work with the insurance companies to allow verification of the payment for damage. From this information, Attorney Barabino built a case with mitigation factors in place. A hearing was held and a decision was made that no probable cause issue—and the case did not proceed.
RESULT: NO PROBABLE CAUSE. CASE DOES NOT ISSUE.

Assault and Battery, DISMISSED, ALLOWED TO APPLY FOR LTC CARD AGAIN WITHOUT DELAY

May 4th 2014
Assault and Battery
A hard working father, employee, and candidate for the police academy was arrested for fighting with his brother. Police charged client with assault and battery. Mandatory disqualification of carrying a firearm if convicted, among many other consequences such as job termination, refusal to enter school property, and possibly jail time. During the case, the District Attorney sought to summon potentially damaging medical records into the court. Fortunately, after a complicated hearing attempt to obtain those records, the Commonwealth choose a compromise, which resulted in a trial date set and a dismissal on that trial date. As agreed, a dismissal entered on the trial date. Case Dismissed. Client can reapply for License to Carry Concealed Permit (LTC) card right away.
RESULT: Charge of Assault and Battery, DISMISSED. Client CAN reapply for License to Carry Concealed Permit (LTC) card, right away.

Assault and Battery, DISMISSED

August 2nd 2012
Assault and Battery Chapter 265 Section 15
According to police, client and boyfriend had called police twice in one night. The first time police spoke with both the client and her boyfriend and left the home---assured that no further commotion would occur. When police were called to the home a second time, they noticed that the boyfriend had marks and scraps that were not visible before. The police then made inquiry to the client and after doing so were satisfied that she was the aggressor. As a result, they charged her with assault and battery. As a non-citizen, a dismissal was essential and an acquittal had to be obtained. At trial, the boyfriend became “unavailable” as a result of a Fifth Amendment hearing, ultimately resulting in a dismissal of the charge.
RESULT: Fifth Amendment of Witness at Trial Results in Assault and Battery Charge DISMISSED

Abuse Prevention Order, VACATED

May 14th 2012
Abuse Prevention Order Chapter 209A
Client was a hard working and all around easy-going single dad trying his best to be a father to his young daughter, with whom his ex had custody. His ex went to police one day stating she was in fear of serious imminent harm since client (she alleged) threatened him. At the 10-day hearing, client's ex-girlfriend reasserted all the claims she had made before and stated others such as their daughter came home with a bruised cheek and a chipped tooth. Attorney Barabino had both his client testify and his client's mother---both of whom provided documentation to the court, which included text messages and police reports. The judge credited both of Attorney Barabino’s witnesses and as a result vacated the restraining order in its entirety.
RESULT: Ten-day Hearing Outcome Results in Favor of Client, RESTRAINING ORDER VACATED.

Second Offense OUI, Child Endangerment, DISMISSED, MOTION TO DISMISS ALLOWED, NO JAIL TIME ON SECOND OFFENSE

February 17th 2012
2nd OFFENSE OUI- Liquor or .08%
Child Endangerment with Operating Under the Influence
Client was an employee with the Department of Defense. He was charged with Reckless Endangerment of a Child and Operating Under the Influence of Alcohol Second Offense. According to the police, the client's ex-wife received a call from client that he was intoxicated and driving around with her child. She became frantic and searched for client. When she located him, she argued with him driving the motor vehicle in the condition he was in and refused to give her the keys. She left (with her son) and called police since client had insisted on driving. She cooperated with police and police found him a few hundred years down the road. They stated that he failed the sobriety test and failed the Breathalyzer with a reading of 3.1%. 3.1% is nearly four times the legal limit. Prior to trial, Attorney Barabino made vigorous attempts to have the case thrown out in its entirety but was not successful. As the case moved forward, he sent the case down for Motion to Dismiss hearing regarding the Reckless Endangerment charge (which carried mandatory jail time), and that motion was allowed. At the day of trial, every witness appeared, leaving the client with the pre-trial option of a plea, which he eagerly sought. When the deal was argued before the judge, the Commonwealth asked the judge to force client to attend parenting classes and install a Sobrietier machine installed in his home. Attorney Barabino argued against it and was successful. The judge agreed with Attorney Barabino and the client left court with what he wanted---no jail time.
RESULT: Reckless Endangerment of a Child, DISMISSED, Motion to Dismiss, ALLOWED, NO JAIL TIME ON SECOND OFFENSE.