» Rights

Rape Investigation, NO CHARGES FILED

October 5th 2016
Rape of Child, Force
Client was living out of state when he found out that he was being investigated for rape allegations. The allegations were from nearly two decades ago. The victim was related to him, and there were various family dynamics that caused the case to re-surface. In the end, no-charges filed.
RESULT: NO CHARGES FILED.

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.

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.

Two Counts of Malicious Destruction of Property, DISMISSED

May 8th 2013
Malicious Destruction of Property Chapter
Malicious Destruction of Property Chapter
Client, a junior in high school, faced two potential complaints of Malicious Destruction of Property Over $250.00. The police alleged that client became angry and upset about being blamed for something he was not involved in. When client became angry, it was alleged that he went to a young woman’s home and threw large rocks at the home, damaging the foundation. Moreover, it was alleged that he damaged the motor vehicle at that same home, with a cost of over $250.00. Both charges are felonies. Today, at the clerk's hearing, Attorney Barabino persuaded the assistant clerk magistrate, with the assent of cooperative, professional, and understanding law enforcement, to hold the complaint open for ninety days. As long as client performed restitution, the case would be dismissed without ever appearing on client's criminal record.
RESULT: Application for Complaint, DISMISSED.