» Threats

Result: Neither charge resulted in a conviction.

August 12, 2026
Operating Under the Influence of Alcohol
Threat to Commit a Crime
The client was a pleasant gentleman charged with threats against police officers and Operating under the influence of alcohol. Good-natured bystanders observed him driving erratically, and called the police. When officers arrived, they found the client in his vehicle with the engine running at the driveway at his home. Clear signs of intoxication were apparent, and the observations of the civilian witnesses were credible. Police then spoke with the client’s girlfriend, who, in good faith, answered their questions. She confirmed that the couple had been drinking, that the client had insisted on driving, and that he had in fact been operating the vehicle. These facts were sufficient to support a charge of operating under the influence of alcohol. At the police station the client was video- and audio-recorded. He became belligerent, aggressive, and threatening towards officers, making a variety of threatening statements. As a result, he was also charged with threats. The clerk-magistrate set bail at $25,000 based on the facts and circumstances of the case. From the outset, the primary goal was to sever the threats charge from the OUI charge among other things. Because guilt on the threats allegation was clear, a full trial on that count was not advisable. Counsel therefore pursued a partial plea: resolve the threats charge in a manner that would allow a continuation without a finding (CWOF), so the charge would ultimately be dismissed. The strategy succeeded. The threats charge was continued without a finding and will be dismissed after six months. On the OUI charge, a motion to suppress the client’s statements was litigated. When all civilian and police witnesses appeared for the hearing, counsel elected to tender a plea and request a continuation without a finding to protect the client’s record. Although the case was not tried to a jury, every viable avenue was explored and pursued.
Result: Neither charge resulted in a conviction.

Application for Criminal Complaint, DISMISSED

February 5, 2019
Threats to Commit a Crime
A wonderful, young married couple were going through a rough patch and one spouse allegedly threatened to murder the other. Police were notified and a report was appropriately taken and charges for a clerk-magistrate hearing filed. At the hearing, Attorney Barabino brought in all the facts of the regretful statement made, and how this was an isolated situation and, lastly, how the couple sought therapy after the incident. In the end, and based on all the circumstances and facts, a decision was made NOT to issue the complaint.
Result: Application for Criminal Complaint, DISMISSED.

Animal Cruelty, DISMISSED

July 17, 2018
Animal Cruelty Chapter
Threats to Commit a Crime
Assault and Battery Chapter
Assault and Battery Chapter
Client was a young man who suffered from serious long-term mental health challenges. He admittedly committed an act of animal cruelty on his girlfriend's pet. In addition, he physically struck two people and made a threat of physical harm. Attorney Barabino got client released despite a Commonwealth request for custody. Client was released to a mental health hospital. After months and months of care and treatment, Attorney Barabino and a number of support staff had an evaluation conducted with a goal to prove that client was not guilty by reason of insanity. Once that expert conducted the evaluation, a trial date was set and on the trial date, no trial was held as the victims were not available.
Result: ALL CHARGES DISMISSED.

Threat to Murder, NOT GUILTY

April 14, 2017
Assault Chapter
Threats to Commit Murder
Assault and Battery
Strangulation or Suffocation
Client had been previously convicted of seriously abusing his girlfriend many decades ago. Now, once again, she accused him of the same crime. Client denied those new accusations, but also realized that, based on his past conduct and the credible nature of the evidence, a plea was preferable since it would mitigate the otherwise harsh sentence that the judge had proposed. However, ultimately, the case went to trial. Client was convicted of all counts except threats to commit murder, for which he was found not guilty.
Result: Threat to Murder, NOT GUILTY.

Assault, Threats, CASE DISMISSED AFTER ONE YEAR

March 27, 2017
Assault
Threats to Commit a Crime
Client was a hardworking professional with a limited prior record. He was charged with Assault of his girlfriend and making threats. According to police, after a night of drinking he made threatening gestures and statements, all of which were supported by police charges. Client wanted to resolve the matter without delay and take responsibility. However, even though the District Attorney presented a reasonable recommendation, it included the lengthy forty-two-week (42-week) Batterers Intervention program. Also, the District Attorney wanted random drug testing. After a hearing, the judge agreed with Attorney Barabino that the prior two conditions were not necessary as long as defendant agreed to remain alcohol-free.
Result: No Batterers Program Required and No Drug and Alcohol Screens. CASE DISMISSED AFTER ONE YEAR

Assault with a Dangerous Weapon, Disorderly Conduct, MOTION TO SUPPRESS ALLOWED, ASSAULT WITH A DANGEROUS WEAPON DROPPED

April 12, 2012
Assault with a Dangerous Weapon Chapter 265 Section 15B (b)
Disorderly Conduct Chapter 272 Section 53
Client was unemployed and was charged with Assault with a Dangerous Weapon as well as Disorderly Conduct. Police allege that he was purchasing alcohol when he had a dispute with another gentleman and that man's female friend. Eventually a knife was alleged to have been displayed by the client and the client was subsequently arrested. Initially, the client refused to admit to wrongdoing to the police—yet when police interviewed him a second time, he admitted threatening the other man. However, when police interviewed the client that second time, he was not given his Miranda rights. When that was discovered, Attorney Barabino filed for a Motion to Suppress all the statements made, since the police did not “mirandize” the client. The court, after reviewing and hearing testimony, agreed with Attorney Barabino and allowed his Motion to Suppress the admission of guilt. At the day of trial, the witnesses recanted their testimony—the District Attorney simply dropped the charge of Assault with a Dangerous Weapon.
Result: Motion to Suppress, ALLOWED, Assault with a Dangerous Weapon, DROPPED.

Threats, APPLICATION FOR COMPLAINT DISMISSED

March 9, 2012
Threats to commit a crime Chapter 275 Section 2
Client, an employee of a local hospital, was charged with threats against the new girlfriend of her ex-boyfriend. The police alleged that she repeatedly called the woman with nearly fifty texts and finally threatened to hurt the other person and made a voicemail stating that she was “on her way”. Client was very concerned since this would be her first criminal offense. Client took steps prior to the hearing that included therapeutic treatment and aftercare for her unstable emotional state. Attorney Barabino presented the medical documentation along with an explanation of what occurred. After hearing from both parties, the clerk-magistrate agreed to a resolution to keep it open for six months and that no complaint would be filed. The application for the complaint would be dismissed in six months. This case would never appear on the client's record, nor on any background check.
Result: Application for Complaint, DISMISSED.