» Sex Offender Registry Board

Sex Charges, LEVEL III SORB DECISION VACATED

November 11th 2017
Sex Offender Registry Board/Superior Court Judicial Review
Client had been on the SORB Registry when he was accused of second, separate sex crime. He denied the second accusation and was eventually acquitted. However, prior to his acquittal, he had a SORB hearing labeling him as a level III offender based on the charges. Attorney Barabino appealed the decision of the SORB. A timely Notice of Appeals was filed, with complaint and affidavits. Soon after transcripts of the initial hearing were obtained and memorandums of law exchanged between the parties. Eventually a hearing was held and soon after a written decision indicating that the original SORB decision was vacated and remanded to the board for a new classification hearing.
RESULT: Level III SORB Decision, VACATED, NEW HEARING.

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 REDUCED TO LEVEL II.   

October 8th 2014
The Sex Offender Registry Board (SORB) categorized client, a young incarcerated man, as a Level III Sex Offender. The Level III status is devastating to the offender, since it requires active public notification of wherever the offender lives and employs. In the present case, Attorney Barabino had assembled all the relevant documentation for presentation to the SORB Board. After careful consideration, it was assumed that the most impactful and meaningful way to present the case of the offender was for him to testify, which he did with Attorney Barabino. After several weeks of waiting for the written decision, all the parties were notified that client was reduced to a LEVEL II status--thereby not requiring public notification of his crimes.
RESULT: LEVEL III SEX OFFENDER STATUS REDUCED TO LEVEL II.

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.