» professional

DWI First Offender

June 19th 2018
1st OFFENSE OUI - Liquor or .08%
Improper Stopping
Client, a young professional, drank more than he was used to drinking and made the mistake of driving. He was charged with driving under the influence and a civil violation of improper stopping. According to police, he tapped a car while under the influence and vomited on his car door. Because of hitting the car, vomit, admission to drinking, and inability to perform major acts of coordination, decision to plea the case. Attorney Barabino negotiated in person with District Attorney, successfully reaching a "continued without a finding" agreement, otherwise known as a CWOF. A second negotiation session resulted in separate agreement for a not responsible finding on the civil charge. On day of plea, only disagreement between Attorney Barabino and the Commonwealth was a brains-at-risk program which latter sought. Judge ultimately agreed with Attorney Barabino, and client did not have to attend the additional program.
RESULT: 24D Disposition, CASE DISMISSED IN ONE YEAR, NOT RESPONSIBLE CIVIL INFRACTION, NO ADDITIONAL PROGRAM ORDERED.

Shoplifting, PAYMENT OF RESTITUTION IN FULL, NO COMPLAINT ISSUED AGAINST CLIENT, CLEAN RECORD

July 27th 2015
Shoplifting By Asportation By Recording False Value
Shoplifting By Asportation over 100
Client was a young adult and senior with unlimited potential. According to police, he made a massive reduction in the cost of items via a friend who was working as a cashier. The police, professional and respectful, allowed this matter to heard at a clerk magistrate's hearing. Attorney Barabino prepared details and background of client and reached out to people involved. At the hearing, all parties were heard and the opportunity to pay back the money was sufficient to have no complaint issue. Record of names remains fully intact. Clean records remains.
RESULT: PAYMENT OF RESTITUTION IN FULL, NO COMPLAINT ISSUED AGAINST CLIENT, CLEAN RECORD Remains Fully Intact.

Leave Scene of Property Damage, NO CRIMINAL COMPLAINT ISSUES, CASE DISMISSED

April 22nd 2013
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Client was a hard working professional with no prior criminal record. According to police, they received a report that client had hit another person with a vehicle and left the scene. Client had no recollection of making any contact with any other vehicle. In fact, his recollection was an out of control woman yelling at him while he was parked at a stoplight, which he ignored. Prior to the Defendant’s arraignment, Attorney Barabino filed a Motion to Dismiss with a memorandum of law. This motion was allowed and the matter was remanded back to a Clerk Magistrate’s Hearing at a later date. At the Magistrate’s Hearing, the Magistrate grilled the Defendant and sought yet an additional date to continue the hearing. At the second date, the state police and Clerk Magistrate both took notice of the Defendant’s lack of criminal history, the statements of the parties, and the insurance information declaring the woman was paid back all her out of pocket cost. The case was dismissed as a result. No record of the incident will appear on the client's record, anywhere.
RESULT: No Criminal Complaint Issues at Clerk Magistrate Hearing, CASE DISMISSED.