» Violation

Restraining Order VACATED

July 8th2019
Application for Restraining Order
Client was a pleasant young hard-working guy who was in a relationship with a woman at the workplace. The engaged in various sexual banter via text message and in person. They continued this relationship despite concerns from their employer. Admittingly, there were regretful and inappropriate things sent via text. Things that could be inferred as threatening, but in the end, the judge ruled that the standard of law had not been met and the order was vacated.
RESULT: Restraining Order VACATED.

Probation Violation, PROBATION TERMINATED EARLY

April 21th 2017
Probation Violation/Surrender
A construction professional was on probation and charged with a new crime. The new crime triggered a violation of his probation. Attorney Barabino and client got new charge dismissed. The result was that the probation officer withdrew her request for a violation. At that same hearing, Attorney Barabino petitioned the judge to terminate his entire probation early and enter a dismissal. The judge, after a hearing, agreed, and the probation was terminated early and with no violation.
RESULT: PROBATION TERMINATED EARLY.

License Restriction Violation, Ignition Interlock Violation, MANDATORY JAIL SENTENCE DISMISSED

October 9th 2014
License Restriction, Operate Motor Vehicle
Ignition Interlock, Operation Without
According to police, client was driving an unregistered vehicle with a bad inspection sticker when police pulled him over. Upon review, they determined that he did not have a legally required Breathalyzer machine installed in his vehicle, which is a mandatory 6-month jail sentence with no parole, probation, or suspended sentence. Client understood that jail was nearly unavoidable but regardless he underwent intense preparation for trial with Attorney Barabino. At the first trial date, the Commonwealth was unable to secure a necessary witness, so another date was selected. On, the second trial date, the Commonwealth was unable to secure a necessary witness from the Registry of Motor Vehicles (RMV), leaving them with limited options. The result was, after consultation, a full dismissal of the mandatory jail sentence.
RESULT: Mandatory Jail Sentence, DISMISSED.

Restraining Order Violation, NOT GUILTY

June 27th 2013 

Violation of Abuse Prevention Order
Client was a young man with a supportive family. According to police, he contacted an ex-girlfriend after she properly obtained a no-contact restraining order against him. According to the court order presented in court—the Defendant was not to call or contact the victim. At trial, the young lady whom he was supposed to have no contact emotionally recalled him calling her after the order was obtained—a direct violation. After cross-examination, the Defendant rested his case and several hours later the jury returned a verdict of not-guilty. 

RESULT: Jury Verdict, NOT-GUILTY