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Unnatural and Lascivious Conduct, CONDITIONAL DISMISSAL

April 28th 2017
Unnatural and Lascivious Conduct
Client was an educated mother and grandmother victim of drug addiction. During that period of addiction, police saw her making a movement and behavior consistent with oral sex to a known Level III sex offender. That event was nearly two years ago, and she has been in warrant status since. To client’s credit, she did what the court could only hope for in those missing years. She got herself clean and off drugs, into rehabilitation, and fully reentering society. For those reasons, and her otherwise decent criminal record, Attorney Barabino was able to argue that the Commonwealth’s sentence of a felony conviction, 18 months of probation, and various rehabilitation programs were not the answer. At the conclusion of the plea, the court accepted a 60-day period where her case would be dismissed if she remained out of trouble with no conviction.
RESULT: DISMISSED, if defendant stays out of trouble for sixty days

Sex Offense, SORB LEVEL LOWERED FROM LEVEL III TO NO LEVEL, NO REGISTRATION NECESSARY

August 15th 2015
Client wanted the best SORB attorney he could find. Client was a young man who was accused in a different state. The SORB preliminarily classified him as a LEVEL III offender—the highest risk to reoffend. As a juvenile, client was caught in a FBI sting and accused of possession and distribution of child pornography. Moreover, he had an unsubstantiated sex-related accusation and intermittent drug involvement (Note: drug and alcohol use is a disinhibitor and weighed accordingly in their formal decision making process). In the end, client's family hired Attorney Barabino. Attorney Barabino spend countless hours interviewing and preparing a witness. Attorney Barabino prepared and submitted nearly 21 pages of written motions detailing various legal issues to the Board. In the end, a full and fair evidentiary hearing was held. The petitioner was allowed, through his counsel and witnesses, to inform the board of lawful defenses. Client receives notice that no registration is required.
RESULT: Client’s LEVEL III Status, LOWERED FROM LEVEL III TO NO LEVEL. NO REGISTRATION NECESSARY.

Sex Offense, LEVEL III OFFENDER STATUS LOWERED TO LEVEL II

July 13th 2012
The Sex Offender Registry Board (SORB) categorized client, a father of two, as a Level III Sex Offender. When the Board determines that the risk of re-offense is high and the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active dissemination, it gives a Level III designations to the sex offender. The Level III status is devastating to the offender since it requires active public notification wherever the offender lives and employs. In the present case, Attorney Barabino conducted countless interviews and assembled all the relevant documentation for presentation to the SORB Board. After several weeks of waiting for the written decision, all the parties were notified that client was reduced to a Level II status---consequently not requiring public notification of his crimes.
RESULT: Client’s Level III Status LOWERED FROM LEVEL III TO LEVEL II.