» Superior Court

Sex Offense, LEVEL II REDUCED TO LEVEL I

July 21st 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

Drug Possession Charges, Conspiracy, Drug Violation, MOTION TO SUPPRESS ALL EVIDENCE ALLOWED, ALL CHARGES DISMISSED.

March 16th 2015
Drug, Possession to Distribute Class B, Subsequent Offense
Drug, Possession to Distribute Class C, Subsequent Offense
Drug, Possession to Distribute Class B, Subsequent Offense
Conspiracy to Violate Drug Law
Drug Violation Near School/Park
Client was a hard working father and husband. According to police, he was a convicted drug dealer who was dealing drugs. According to a report filed by police, client met with another individual who was buying his drugs. An informant had been providing information to police, they said. Police saw client and ordered him to exit the motor vehicle. They asked him questions and lastly confiscated his phone, money and small amount of drugs. The charge required an indictment to Superior Court because it was not his first arrest for dealing. However, the case ultimately remained within District Court. Police initiated forensic investigation into his phone after receiving search warrant. Attorney Barabino would later seek to have that thrown out as evidence, but first he sought a hearing to reduce the school zone/park violation. He filed a Motion to Dismiss, and after a hearing, that motion was allowed. That meant client was no longer subject to the mandatory two-year prison sentence. That charge was consequently dismissed. Afterwards, another hearing was set and motions and legal memoranda filed to suppress or wipe out all the evidence. Attorney Barabino attempted to persuade the judge that the search was illegal. When the judge ruled that the search is indeed illegal, that evidence that was located was not permitted to be used. After the hearing another date was set to hear the judge's ruling. At that hearing, the judge filed a lengthy legal memorandum setting out the reasons why all the evidence would be suppressed. All charges would be dismissed.
RESULT: Motion to Dismiss School Zone/Park, ALLOWED, Motion to Suppress all the evidence, ALLOWED.

Disturbing the Peace, Carrying a Dangerous Weapon, MOTION TO DISMISS ALLOWED, CASE DISMISSED

March 5th 2013
Disturbing the Peace Chapter 272 Section 53
Dangerous Weapon, Carry, Subsequent Offense Chapter 269 Section 10(B) & (D)
Client was a hard working electrician. He was charged with Disturbing the Peace and Possession of a Dangerous Weapon, Subsequent Offense. The second charge was required to be prosecuted in Superior Court and State Prison was mandatory upon conviction. However, the District Attorney allowed the case to remain in District Court and prosecuted it as a first offense. Attorney Barabino filed a Motion to Dismiss the charges in their entirety. The motion, complete with a lengthy memorandum of law and supporting affidavit, was provided to the court and a hearing was scheduled. After the motion, the court agreed that the motion should be allowed and the case dismissed. The District Attorney simply agreed to dismiss the Disturbing the Peace charge after the hearing.
RESULT: Motion to Dismiss ALLOWED, CASE DISMISSED.