» SORB

November 11^th 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.

April 28^th 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

February 14^th 2017
Client was a building manager who was trying to rebuild his life after pleading guilty to the charge of rape of a child. His charge was for statutory rape, meaning a consensual, but illegal (due to age) relationship existed between client and complainant. For a variety of reasons, the SORB determined a LEVEL III was proper for his offense. Attorney Barabino successfully appealed the decision and the result, after a hearing, was a reduction to a LEVEL II.
RESULT: SEX OFFENDER LEVEL LOWERED FROM LEVEL III TO LEVEL II.

July 21^st 2016
Sex Offender Registry Board
Client was an older gentleman who was successful in every aspect of his life. However, abuse of alcohol led him to act on sexual impulses. He was represented by another counsel at a plea in Superior Court for sexual abuse. Shortly after his plea, he was instructed to register as a LEVEL II offender. Attorney Barabino and client sought to challenge the LEVEL II designation. After thorough preparation and review, a hearing was scheduled. At the hearing, Attorney Barabino and client made their case to the SORB official. After months of waiting on the final decision, the SORB reclassified client to LEVEL I, which allows him to avoid public dissemination of his status.
RESULT: SORB sex offender level reduced from LEVEL II TO LEVEL I

August 15^th 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.

October 8^th 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.