» Probation

 Probation Terminated

July 24th 2019
Probation Warrant
All around solid father and builder had a warrant for his arrest for failing to appear for probation. It had been many months and he simply didn’t go, since he owed money to the court. More importantly, he had recently gotten arrested for a new allegation. Attorney Barabino expediated his matter and they appeared in court without delay. They were able to have him pay the money that he owed to the court and the court agreed to simply discharge his probation obligation, all before any new charges were formally issued. Client is discharged, court is paid in full and he goes back to being a grateful loving father.
RESULT: Probation Warrant Lifted, Probation TERMINATED AND DISCHARGED.

License Suspended, Subsequent Offense, REDUCED

June 27th 2018
License Suspended, Operation Motor Vehicle, Subsequent Offense
Client was a hardworking father who was in a traffic accident. Upon police inquiry, they determined that his license was suspended. In fact, he had been convicted of the offense before. As a result, the police officer properly charged client with driving on a suspended license, subsequent offense. After several hearing and courts dates, a trial was scheduled, and at the trial date Attorney Barabino was able to obtain an agreement with the District Attorney to reduce the subsequent offender portion of the charge and make a deal for short probation, no conditions of the lesser included offense only.
RESULT: Subsequent Offense, REDUCED, SHORT PROBATION, NO CONDITIONS

Negligent Operation of Motor Vehicles, DISMISSED

December 29th 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.

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.

Aggravated Rape, Indecent Assault and Battery, DEFENDANT ELIGIBLE FOR RELEASE AT MINIMUM MANDATORY DATE

June 15th 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.

Assault and Battery with No Admission

April 11th 2017
Assault and Battery Chapter
Malicious Destruction of Property
Client was charged with malicious destruction of property under $250.00 and assault and battery on his girlfriend. In the early morning hours, police were called and an allegation was made of client punching a wall and, according to the accuser, also throwing a bottle at her, causing a mark (which was photographed). The case went to trial. At the day of trial, Attorney Barabino secured a very favorable deal, providing the defendant with no admission for any wronging or any probation or conditions.
RESULT: GENERALLY CONTINUED WITH NO ADMISSION OF WRONGDOING, & SECOND CHARGE DISMISSED ON $100 PENALTY

Drug Possession, ADMINISTRATIVE PROBATION WITH NO CONDITIONS OR OBLIGATIONS AND NO DRUG TESTING

October 7th 2016
Drug, Possession to Distribute
Drug, Possession to Distribute
Client was caught with a significant amount of Percocet, Suboxone and Cocaine. In addition, he was found with over $1000 in cash hidden away in a secret stash. After various motions were litigated and experts consulted, a last minute plea agreement was made where client would be on probation for 18 months with no jail time, and have no probation obligations such as drug testing or outpatient treatment. Client needed this outcome as he has a young child and employment obligations which would have conflicted with any other, more stringent requirements like jail time. Moreover, client had been convicted of distribution on prior occasions.
RESULT: Administrative Probation, NO CONDITIONS OR OBLIGATIONS AND NO DRUG TESTING

Assault and Battery, CONDITIONAL PROBATION WITHOUT GUILT

July 12th 2016
Assault and Battery
Client was a hard working electrician accused by family member of assault and battery. The family member was relentless in her pursuit, alleging long term abuse. In this event she alleged that long term abuse by an alcohol abusing family member resulted in a bruise on her leg and PTSD. After intensive discovery pursuits of relevant materials, the case was scheduled for trial. On the day of trial, a last minute deal was struck whereby the defendant was to admit to “sufficient facts” for the charge and agree to be on probation for a period of a year. He would also complete and anger management program and alcohol screens—only if an independent evaluator determines he has a problem with alcohol. Otherwise, if the conditions are met, after one year of time, his case will be terminated with a dismissal.
RESULT: Assault and Battery, CONDITIONAL PROBATION WITHOUT GUILT.

Assault and Battery on a Police Officer, DISMISSED. Remaining Charges Dismissed if complete 6 months Unsupervised probation.

June 28th 2016
Assault and Battery on a Police Officer
Resisting Arrest
Disturbing the Peace
Client was a hard working waitress who was in a car accident. Police responded to accident. There was a dispute as to what happened next—however the defendant ends up being charged with assault and battery on a police officer, resisting arrest, and disturbing the peace. When police arrived, she was not comfortable with the officers that arrived so she called the police on the police. At that moment, police entered into a struggle with the defendant. The struggle ended up with defendant on the ground and the her being charged with assault on a police officer. Also, the client had two previous charges and admissions to assaulting and battering a police officer in the past. This case went to trial. The experienced district attorney saw that Attorney Barabino was ready and a trial was unavoidable. It was either dismiss the case or a trial. Defense would accept nothing less. Within moments before starting the trial, the district attorney agreed to simply dismiss the charge of assault and battery if client would take a six-month probationary period on the remaining two charges. The probation for the remaining two charges was a “CWOF”, which means continued without a finding, so that at the conclusion of the probationary period the two remaining charges would be dismissed. No Criminal Record and Assault and Battery on the officer.
RESULT: Assault and Battery on a Police Officer, DISMISSED. REMAINING CHARGES DISMISSED UPON CONDITIONS OF SIX MONTHS UNSUPERVISED PROBATION.

Failure to Register, CONDITIONAL DISMISSAL

June 24th 2015
Failure to Register as a Sex Offender
Client made several mistakes nearly ten years prior. Those mistakes led him to be listed as a sex offender, with all the requirements of registration. He had several children and was a law abiding person working many hours to maintain stability for his family. According to police, he made mistakes on his registration and was charged with failure to register as a sex offender. The investigation into defendant was very sophisticated and intensive. The police tracked the defendant to locations outside of his hometown and took photographs. Police applied for an received a search warrant for a GPS tracking device for his motor vehicle. Police also installed a hidden motion detector on a telephone pole at a fixed location, among conducting other investigative techniques. They also secured an videotaped admission from the defendant. After an exhaustive review of the thousands of pieces of evidence, Attorney Barabino filed a motion to suppress, with a lengthy memorandum of law. On that day, prior to the hearing, the judge, who would also allow defendant to admit to the allegation, took an agreed tender that if defendant stays out of legal trouble for about a year and one half, the charge would be dismissed. This disposition is called a Continued Without a Finding or “CWOF”. The probation is administrative, so client does not have to appear at the probation department.
RESULT: Motion to Dismiss, FILED, PLEA Entered and if Abides by Probation Terms Case will be DISMISSED.

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