» Threats

Application for Criminal Complaint, DISMISSED. 

February 5th 2019
Threats to Commit a Crime
A wonderful, young married couple were going through a rough patch and one spouse made an allegation of murdering of 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 the 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. NO CRIMINAL CHARGES EVER appear on the RECORD.
RESULT: Application for Criminal Complaint, DISMISSED.

Animal Cruelty, DISMISSED

July 17th 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 admittingly 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 from a custodial prison request from the Commonwealth. 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. CASE DISMISSED
RESULT: ALL CHARGES DISMISSED.

Threat to Murder, NOT GUILTY

April 14th 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, that a plea was preferable since it would mitigate the otherwise harsh sentence that the judge has 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 27th 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 night of drinking he made threatening gesture and statements, all of were which 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 (42) forty-two 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 12th 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 client and client was subsequently arrested. Initially, 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 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” 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 9th 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 was in agreement that 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 client's record, nor on any background check.
RESULT: Application for Complaint, DISMISSED.