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June 27, 2018
License Suspended, Operation Motor Vehicle, Subsequent Offense
Client was a hard-working father who was in a traffic accident. Upon police inquiry, officers determined that his license was suspended. In fact, he had been convicted of the offense before. As a result, the police officer properly charged client with driving on a suspended license, subsequent offense. After several hearings and court dates, a trial was scheduled, and at the trial date Attorney Barabino was able to obtain an agreement with the District Attorney to reduce the subsequent offender portion of the charge and make a deal for short probation with no conditions on the lesser-included offense only.
Result: Subsequent Offense, REDUCED, SHORT PROBATION, NO CONDITIONS

March 2, 2017
Violation of Probation
Client had been on probation in two different courts for two separate felony charges. During her time on probation, she failed to meet with her probation officer and disappeared for more than two years. She was living out of state and had multiple court warrants for her arrest. Fortunately, client turned her life around by getting off drugs and staying clean. She coordinated with Attorney Barabino, who planned her arrival to the courts and probation department, resulting in both her cases having warrants removed, no jail time, no convictions, and dismissals.
Result: WARRANTS RECALLED, PROBATION DISMISSED AND ALL CHARGES DISCHARGED, NO CONVICTIONS, NO JAIL

January 24, 2017
Use Motor Vehicle Without Authority
Trespassing
A smart professional employed at an airport was accused of taking a person’s car without authority. According to police, client took the keys to a $205,000 Porsche that was not his. In the end, Attorney Barabino filed a Motion to Dismiss, an affidavit, and a memorandum of law, all of which were allowed by the judge.
Result: Motion to dismiss, ALLOWED.

June 8, 2016
Negligent Operation of Motor Vehicle
A retired teacher was accused of negligently operating a motor vehicle. There were four separate witnesses, including a police officer who witnessed the motor vehicle crash. The witnesses were not helpful to the defendant. A plea was made before the judge asking for ninety-day probation. The District Attorney sought slightly more probation time. In the end, the judge sided with Attorney Barabino and allowed the defendant’s case to be dismissed, as long as she stayed out of trouble, for a ninety-day period—otherwise called a continuance without a finding (CWOF).
Result: Case to be DISMISSED AFTER 90 DAYS, with NO CONVICTION ON RECORD. Enroll in two driver safety courses.

November 18, 2015
Drug, Possession to Distribute Class D
Conspiracy
Client was a high school student and charged with Conspiracy to Distribute Marijuana and a separate charge of Possession with Intent to Distribute. After a previous dismissal, he found himself back at the same court for trial. With nearly a fourth of a pound of marijuana, cash, and a scale, Attorney Barabino was ready for trial. Moments before the trial began, Attorney Barabino agreed to a deal with the Commonwealth that would dismiss the Conspiracy charge, reduce the possession-with-intent-to-distribute charge to simple possession, and dismiss the simple possession charge after a 21-day probation.
Result: CHARGE DISMISSED. SECOND CHARGE REDUCED AND DISMISSED AFTER PROBATION OF 21 DAYS. NO CONDITIONS.

June 24, 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 the defendant was very sophisticated and intensive. The police tracked the defendant to locations outside of his hometown and took photographs. Police applied for and 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 a 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 the defendant to admit to the allegation, took an agreed tender that if the defendant stays out of legal trouble for about a year and a half, the charge would be dismissed. This disposition is called a Continued Without a Finding or “CWOF”. The probation is administrative, so the 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.

December 20, 2012
Drug, Possession to Distribute Class D Chapter 94C Section 32C(a)
Client was a young man with no criminal record. According to police, client was in a motor vehicle when police approached and saw what they described as smoke emitting from the windows. The police searched and interviewed all the people in the vehicle. During the search of the vehicle, they discovered two scales used for weighing marijuana, and marijuana itself. The amount of marijuana combined with the scales and statements resulted in the arrest of the client and another. A Motion to Suppress was filed and testimony was elicited from the arresting officers as well as the parties charged with this crime. After a hearing, the court took the matter under advisement. At the next court date, the court issued its ruling, declaring that the police acted unconstitutionally and that the evidence should be thrown out as inadmissible. As a result, the charges were dismissed.
Result: Motion to Suppress, ALLOWED, CASE DISMISSED.

December 13, 2012
Leave Scene of Property Damage
Client was a hard-working music teacher and single dad. According to police, he was in a parking lot and accidentally hit another motor vehicle and purposely refused to stop. Client had no criminal history and an excellent driving record. The District Attorney’s main concern was that the other party be made whole and that they had no out-of-pocket expenses. Once that was confirmed, The prosecution simply dismissed the charge with a $200 court cost. Client was very pleased with the end result.
Result: Leaving the Scene of Property Damage, DISMISSED.