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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.

Domestic Assault and Battery, DISMISSAL

January 12th 2016
Domestic Assault and Battery
Client was a hard working nurse, wife, and mother. According to witnesses, she drank a bit too much and slapped her husband several times. Department of Children and Family Services were called but declined to investigate further. At arraignment, Commonwealth sought random alcohol screens and Attorney Barabino argued they were not necessary as a condition of release. The court agreed with Attorney Barabino, and the case was dismissed at trial with a marital privilege exception.
RESULT: DISMISSAL

Probation Violation, CONDITIONAL REPROBATION, NO STATE PRISON TIME

June 18th 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.