» Probation Violation

January 22^nd 2018
Assault on a Household Member
Probation Violation/Surrender
Client, a federal government employee, was charged with assaulting a family member. After police came to his home, he was arrested and arraigned in court the following Monday. Client was on probation at the time in that very same court for operating under the influence of alcohol, second offense. The judge released him after an arraignment and a probation hearing was held the following month. At that hearing, the defendant agreed to a violation and was allowed no change in his probation. Attorney Barabino and client began to prepare for trial. At trial, Commonwealth, after speaking to the alleged victim, decided there was no case and dismissed charge.
RESULT: PROBATION SURRENDER SUCCESSFUL, CRIMINAL CHARGE DISMISSED.

July 7^th 2017
2nd OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Open Container
Negligent Operation of Motor Vehicle
Probation Violation/Surrender
Hardworking mother was on probation for operating under the influence when she was charged again for the same offense. Probation violation triggered. Attorney Barabino and client rapidly addressed the probation violation at one court and received an agreement with Commonwealth that she add the SCRAMM alcohol monitor to her probation for the first case. The second case (new offense), placed on a disposition date (today), on which an agreement was made where the client would receive no jail time on the OUI charge and would agree instead to attend a two-week impatient program, the negligent operation charge dismissed, the highway wrong-way charge "not responsible", and open container of alcohol not responsible.
RESULT: NO JAIL TIME ON SECOND OFFENSE OUI, NEGLIGENT OPERATION DISMISSED, HIGHWAY VIOLATION AND OPEN CONTAINER VIOLATION NOT RESPONSIBLE.

May 17^th 2017
Probation Violation/Surrender
Client was given a suspended on and after jail sentence with on and after time. Client had one year of jail time that he was required to serve if he violated probation terms. He did in fact violate those probation terms as he did not show up and used drugs during his probation. After some time in warrant status, he turned himself in and Attorney Barabino represented him at the final hearing where he was not sentenced to his jail term, but terminated and discharged and allowed to go home.
RESULT: Probation Surrender and Suspended Jail Sentence, TERMINATED AND DISCHARGED, Client Released from Custody, NO JAIL TIME

April 21^th 2017
Probation Violation/Surrender
A construction professional was on probation and charged with a new crime. The new crime triggered a violation of his probation. Attorney Barabino and client got new charge dismissed. The result was that the probation officer withdrew her request for a violation. At that same hearing, Attorney Barabino petitioned the judge to terminate his entire probation early and enter a dismissal. The judge, after a hearing, agreed, and the probation was terminated early and with no violation.
RESULT: PROBATION TERMINATED EARLY.

March 2^nd 2017
Violation of Probation
Client had been on probation in two different courts for two separate felony charges. During her time on probation, she failed to meet with her probation officer and disappeared for more than two years. She was living out of state and had multiple holds for court warrants for her arrest. Fortunately, client turned her life around, by getting off drugs and staying clean. She coordinated with Attorney Barabino, who planned her arrival to the courts and probation department, resulting in both her cases having warrants removed, no jail time, no convictions, and dismissals.
RESULT: WARRANTS RECALLED, PROBATION DISMISSED AND ALL CHARGES DISCHARGED, NO CONVICTIONS, NO JAIL

June 18^th 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.

September 5^th 2013
Breaking and Entering Building Nighttime for Felony Chapter 266 Section 16
Breaking and Entering Building Nighttime for Felony Chapter 266 Section 16
Client was a high school student with supportive and loving parents. Client and another young man snuck out and entered some vehicles in the nighttime. The evidence was clear—they were seen on videotape and the police found them at the car. Eventually, Attorney Barabino presented the court with a motion to suppress statements made by the Defendant. Negotiations were triggered and offers made. The District Attorney agreed to reduce from felony to misdemeanors—and agreed to a probation term that allowed for a case to be dismissed at the end of the probation. We could do better—we had to do better. After nearly seven months of litigating the case---we respectfully declined this otherwise well-intentioned and reasonable offer. The reason we declined is two-fold. One, if he violates probation during the next year he could be found guilty. He could receive a “CWOF” or continued without a finding, which can be considered for many jobs as the equivalent of a guilty verdict since unlawful conduct is admitted. In the end, an already reasonable District Attorney agreed to pre-trial probation with conditions so this young man could truthfully admit he had never admitted to any criminal activity.
RESULT: Motion to SUPPRESS, FILED. CASE DISMISSED, with conditions of remaining in therapy and completing 50 hours of community service.