Attorney Barabino respects his client's right to privacy and declines to identify the particular client.
This section began listing cases from January 1, 2008
March 3rd 2010
Salem District Court
Assault with a Dangerous Weapon Chapter 265 Section 15B (b)
According to Police, Client was alleged to be drinking around a fire in a backyard when he grabbed a cinder block and threw at a fellow partygoer’s jaw. The impact of the cinder block resulted in knocking the person unconscious and leaving him with a deep laceration on his chin. As a result of Client’s actions, victim’s friend came to his aid and began punching client in his face. The repeated blows to victims face resulted in a broken nose and loss of blood. The police also maintained that Client was physically able to retaliate against victim’s friend by hitting him with a chair. After this chaotic event client was charged with the above crimes. After arraignment, Attorney Barabino filed charges against the other two parties. The application for charges was denied by the clerk of the court. Attorney Barabino filed an appeal and his appeal was successful for one of the two other involved parties. The case proceeded forward to eventual trial. At trial, one of the two parties was unavailable resulting in a dismissal of one of the charges. Insofar as the second charge, Attorney Barabino’ client asserted his 5th Amendment in exchange for the other party asserted their 5th amendment rights. The result of the process concluded in both charges against client becoming dismissed.
RESULT: Case DISMISSED
February 25th 2010
Malden District Court
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2) (a)
According to Police, Client traveled through a red light. After proceeding through the red light Client traveled past a cross walk while a pedestrian was attempting to cross the street. After this fact summary was witnessed by the police officer he stopped the Client and charged him with the above crime---as well as an IMMEDIATE THREAT to the Registry of Motor Vehicles—thus resulting in an automatic license suspension. Attorney Barabino entered into numerous negotiation sessions with the District Attorney prior to arraignment. After an agreement of the terms, Attorney Barabino walked into court and brought the case to conclusion on the same day. The result was to impose pre-trial probation for only twelve months – and the Client therefore admits to no wrongdoing and -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record.
RESULT: Case DISMISSED
February 17th 2010
Salem District Court
Assault and Battery Chapter 265 Section 13(a)
Threats to commit a crime Chapter 275 Section 2
Intimidation of a Witness Chapter 268 Section 13b
Disturbing the Peace Chapter 272 Section 53
Client was charged with the above charges after police alleged that a person reported that his girlfriend had been choked by him earlier in the evening. During this alleged event it was reported to police that the defendant kicked her door resulting in damage. The value of the door was estimated to worth nearly one thousand dollars. The girlfriend was also charged for her conduct during the police investigation. Attorney Barabino was able to negotiate a dismissal for the three of the four charges, since the victim was unavailable to testify due to her charges. With the girlfriend fully participating with the defense, Attorney Barabino placed the remaining charge on for a trial before a judge. At the trial the required witness did not appear and as a result a dismissal was requested and granted by the judge.
RESULT: Every Charge DISMISSED and Client Does Not Have to Pay Any RESTITUTION for the Damaged Door.
January 8th 2010
Salem District Court
Probation Violation/Surrender Chapter 279 Section 3
Client was on probation with an Eighteen (18) month suspended sentence when the Probation Department violated him as a result of a new charge. Client was released during the period of the initial violation notice and the final hearing as opposed to begin held in custody. During the period of the initial hearing and the final hearing attorney Barabino investigated the facts of the violation which was leaving the scene of property damage. After investigation and negotiation with Probation it was clear with certified documentation that client could not have been the operator of the vehicle and Probation agreed to withdraw the violation.
RESULT: Probation Department WITHDRAWS the Violation in the Entirety
December 7th 2009
Dedham District Court
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)
Racing Motor Vehicle by Licensed Operator Chapter 90 Section 17(b)
Marked Lanes Violation Chapter 89 Section 4(a)
Speeding in Violation of Special Regulation Chapter 90 Section 18
Client was prominent German business executive, who, according to police was driving nearly four times the legal limit for defining intoxication. After police identified what was termed as erratic operation, client was pulled over by police and asked to perform sobriety test which they said he failed. After an arrest, Attorney Barabino negotiated with the District Attorney and appeared before a judge with his client who allowed the agreed upon disposition. In addition, the judge allowed Attorney Barabino’ request for his client to have a permanent waiver for international travel. Within forty- eight (48) hours of his arrest client was on a plane to Switzerland with his case disposed.
RESULT: No Conviction results; Shortest Probation Period Allowed by Law
November 27th 2009
Boston Municipal Court
Clerks Hearing/Magistrate
Drug, Possession Class B (Percocet) Chapter 94C Section 34
Client was a Financial Management Analyst working in Boston when he was seen by a Boston Police Drug Enforcement Unit engaging in what the officer concluded was suspicious behavior and consistent with a drug transaction. When police confronted client, he admitted to purchasing a narcotic and possessing some narcotics on his person for which he had a prescription. After the hearing the magistrate concluded that case will not be arraigned.
RESULT: Application for Complaint Dismissed
October 7th 2009
Peabody District Court
Assault and Battery on a Public Employee Chapter 265 Section 13D
Client was an inmate at a local house of correction when he started arguing with staff. After several request to comply with the corrections officers' request, the initial officer began a takedown of client. Once taken down to the ground several officers began giving knee strikes to client. During what can best be described as a struggle, a K-9 dog bit client in the calf causing a significant wound. After the entire event was complete, one of the officers stated she was assaulted with multiple punches to the leg and client was charged. After the facts were presented to a jury, they determined that client was in fact, not guilty of any crime.
RESULT: Charge Results in NOT GUILTY after Jury Trial.
September 22nd 2009
Gloucester District Court
2nd OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
Miscellaneous Municipal Ordinance 14-1
Resisting Arrest Chapter 268 Section 32B
Assault and Battery on a Police Office Chapter 265 Section 13D
Client was followed by a concerned citizen as a result of erratic driving. According to the police report client was yelling profanities at several citizens and police. Upon an attempt to arrest client police stated she resisted arrest and assaulted the officer in the process. Attorney Barabino negotiated a general continuance for the assault and battery charge so it will be dismissed with no record and the OUI charge was given a 1st Offense disposition.
RESULT: Felony CHARGE Dismissed, OUI 2nd Charge with 1st OFFENSE result.
September 16th 2009
Lawrence District Court
2nd OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
Client was stopped by State Police after swerving in and out of traffic. After he was stopped, the officer stated he noticed the strong odor of alcohol coming from client's breath and that he was staggering. When asked to perform a sobriety test client stated, "He couldn't do if he was sober". The District Attorney sought a deal with included client admitting guilt, attending a two week program inpatient program and serving a suspended prison sentence of 3 months in the house of correction. Attorney Barabino declined the deal and went before a judge and asked that none of the request the district attorney be accepted and client be given a first offense disposition. The judge agreed with Attorney Barabino. Client's record will be dismissed if he complies with probation requirements.
RESULT: Client Given First Offense Disposition
August 31st 2009
Lawrence District Court
Abuse Prevention Order Chapter 209A
Client was a young woman who was accused of harassing her ex-boyfriend and threatening him. As a result, he obtained a restraining order without her knowledge which is allowed under the law. The law also allows for a 10 day hearing which to dispute the merits of the case. Attorney Barabino opposed the order and presented evidence with client and supporting witnesses. After the hearing the judge denied the boyfriends request for a restraining order and order was vacated in clients favor.
RESULT: 10-Day Issue of Restraining Order DISMISSED in favor of client
July 8th 2009
Lynn District Court
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a) Racing Motor Vehicle by Licensed Operator Chapter 90 Section 17(b), Marked Lanes Violation Chapter 89 Section 4(a)
Speeding in Violation of Special Regulation Chapter 90 Section 18 According to the State Police Report, client was observed driving his Dodge Challenger sideways in heavy traffic reaching speeds of 85 miles per hour. The officer further stated that client and another vehicle pulled up side by side, slowing down and repeated earlier behavior. After observing continued fishtailing, sideways swerving and apparent lost of control the officer charged client with the above charges. Attorney Barabino began negotiating with the District Attorney early in the case since the act was supposedly witnessed by the officer. After a close examination of the language of the statute regarding Drag Racing, an agreement was made which allowed for the charge of Racing a Motor Vehicle to be simply dismissed, no payment required for civil offenses and administrative probation for the Negligent Operation of a Motor Vehicle with assurance of dismissal if no further violations. In addition, no license suspension results from his actions.
RESULT: Racing Motor Vehicle Charge DISMISSED
June 17th 2009
Peabody District Court
Receiving Stolen Motor Vehicle Chapter 266 Section 28
Client was charged with receiving a stolen motor vehicle after police made a random stop of the Defendant while he was traveling with friends. The police knew client as he had been convicted of robbery years ago and other miscellaneous minor offenses. Once the vehicle was stopped it was determined that it had been stolen and all the parties were arrested. At trial, the Commonwealth was unable to locate a necessary witness and the case was dismissed.
RESULT: Charge DISMISSED
June 2nd 2009
Peabody District Court
Assault and Battery Chapter 265 Section 15a
Intimidation of a Witness Chapter 268 Section 13b
Client had been charged with Assault and Battery (misdemeanor) and a felony charge of Intimidation of a Witness. According to police and the testimony of client's girlfriend, client waited outside until his girlfriend came to the door. When opened he pushed her and threw her into a table and a fight ensued. The complainant had injuries and was taken away in an ambulance and seen at the emergency room. During the fight the District Attorney placed several witnesses in the stand that supported her allegation that client attempted to impede her attempt to call police. After trial, the jury found the defendant guilty of Assault and Battery and Not Guilty of the felony charge.
RESULT: FELONY Charge results in NOT GUILTY
May 13th 2009
Salem District Court
Probation Violation/Surrender Chapter 279 Section 3
Violation of Abuse Prevention Order Chapter 209 Section 7
Client was alleged to have violated a restraining order with his soon to be ex-wife. The defendant was charged with two separate counts of violation of a restraining order. In addition to being charged with the two separate criminal counts he was also violating his probation requirement for a separate domestic abuse charge. At the trial, Attorney Barabino had his wife disqualified as a witness and as a result both cases were dismissed. After the two cases were dismissed the defendant's probation officer sought to have him found guilty and committed to the house of correction. Attorney Barabino sought a hearing on probation and after the hearing the Defendant was re-instated on his same terms, no additional consequences and no jail time.
RESULT: Both Cases DISMISSED and Probation Re-instated with no additional condition(s)
April 1st 2009
Peabody District Court
Assault and Battery with a Dangerous Weapon on a Person over Sixty (60)
Client was alleged to be harassing her grandmother for money. The grandmother pushed client out of her bedroom, but client attempted to force her way in to the bedroom until the door smacked the accuser in the breast causing her discomfort, in part because she had just had surgery. The accuser had been on the phone with another family member and that family member called 911 to report the incident. The parties explained to police what occurred and defendant admitted pushing the door into the accuser. At trial, the defendant's grandmother and mother testified against her, but the determination by a judge applying the facts to the charge that a verdict of Not Guilty should be entered.
RESULT: RESULT: Charge results in NOT GUILTY
February 10th 2009
Malden District Court
Drug, Possession to Distribute Class B Chapter 94C Section 32A (a)
Drug, Possession to Distribute Class C Chapter 94C Section 32A (a)
Speeding Chapter 90 Section 17(a)
Client was alleged to be speeding when Massachusetts State Police pulled her over. Client admitted that she had an open case for drug distribution and was eventually asked to exit her vehicle. After she was asked to exit her vehicle the State Trooper discovered a zippered bag that had more than ten twist of cocaine. After she was arrested she was brought to the State Police Barracks a female trooper discovered she had several bags of Heroin in her vagina. Attorney Barabino sought a dismissal at the suppression date and his request was allowed.
RESULT: Motion to Suppress Filed, Case DISMISSED
February 3rd 2009
Salem District Court
Leave the Scene of Property Damage Chapter 90 Section 24 (2) (a)
Negligent Operation of Motor Vehicle Chapter 90 Section 24 (2) (a)
Client was informed by summons that his car was witnessed to be Leaving the Scene of Property damage to a motor vehicle and not stopping to provide his personal information. As a result, he was charged with the above referenced crimes. The only identification made of the driver was a bar owner who merely confirmed the owner of the car-but not the defendant himself. At trial the Commonwealth did not have the necessary witness and the case was dismissed upon request by Attorney Barabino.
RESULT: Case DISMISSED
January 16th 2009
Salem District Court
Vandalize Property Chapter 266 Section 126A
Tagging Chapter 266 Section 126B
Vandalize Property Chapter 266 Section 126A
Tagging Chapter 266 Section 126B
Client was nationally known as someone who "tags". That's is someone who uses spray paints their name or "sign" on various items such as buildings, cars, bridges etc. The Commonwealth knew they had someone who had been known to tag in several states and were eager to prosecute. However, their eagerness did not transform into evidence. The case was placed for both a motion to dismiss and trial. Fortunately, the Motion to Dismiss was successful and the client's case was dismissed.
RESULT: Motion to Dismiss Allowed, Case DISMISSED
January 9th 2009
Peabody District Court
Assault and Battery Chapter 265 Section 13(a)
Malicious Destruction of Property Chapter 266 Section 127
Intimidation of a Witness Chapter 268 Section 13b
Client was charged with three charges listed above. At trial the alleged victim testified that her ex-boyfriend was jealous and jumped into her motor vehicle on her way home from her employment. She continued to testify that he punched her in the face while restraining her wrist. After several blows to the face she was unable to locate her cell phone and said he grabbed her rear view mirror off the windshield and continued beating her in the head. She immediately reported the crime and was interviewed by a specialist in domestic violence at the Salem Police Department. As part of his investigation he corroborated the broken rear view mirror and took her shirt that had the buttons torn off into evidence. Also, admitted as evidence was a signed letter to the alleged victim admitted to hitting her. After trial the jury returned an acquittal.
RESULT: Every Charge Results in NOT GUILTY after Jury Trial.
January 6th 2009
Peabody District Court
Assault and Battery Chapter 265 Section 13(a)
Assault and Battery OVER 60/Disabled with Injury Chapter 265 Section 13K
Client was charged with two counts of Assault and Battery on two different people. The Police alleged that client became irate at his girlfriend when he took their son to her grandfathers home. After client made several phones calls to girlfriend he came to their home at 4:00 a.m. and started arguing with girlfriend when the elderly grandfather came downstairs. The grandfather testified that he was pushed into the wall hard enough to leave a bump in his head and lose his breath. The girlfriend jumped in front of him and he pushed her to the ground while exiting the home. After a jury trial the verdict was unanimous for the defense.
RESULT: Every Charge results in NOT GUILTY after Jury Trial.
December 17th 2008
Peabody District Court
License Suspended, Operation Motor Vehicle, Subsequent Offense Chapter 90 Section 23E
Client had retained a different attorney in a prior case for driving without a license and received sixty-days (60 Days in Jail). In the present, case the defendant was charged with operating with a suspended license again and the facts against him were strong. The facts included an admission of wrongdoing and a state trooper that was prepared to testify they she stopped him for the crime and witnessed him operating the motor vehicle on a public way.
RESULT: Reduced to FIRST Offense, No Jail Time, No CONVICTION
December 9th 2008
Peabody District Court
Probation Violation/Surrender Chapter 279 Section 3
Assault and Battery Chapter 265 Section 13(a)
Assault with a Dangerous Weapon Chapter 265 Section 15B (b)
Threats to commit a crime Chapter 275 Section 2
Carrying a Dangerous Weapon Chapter 269 Section 10(B)
Carrying a Dangerous Weapon Chapter 269 Section 10(B)
Client was charged with threatening his girlfriend with a pistol after a dispute about his alleged infidelity. When he arrived home they argued and the arguments ensued. Client denied ever threatening her and when police arrived they surrounding the home only to find client calmly working on his desktop computer. The alleged victim told several stories to police and the district attorney and at trial she simply refused to appear-leaving the district attorney no choice but to allow the defendants motion for a dismissal. The weapons that were found were also dismissed since they could not prove the "carrying" element of the crime.
RESULT: Case DISMISSED
December 8th 2008
Salem District Court
Probation Violation/Surrender Chapter 279 Section 3
Assault and Battery Chapter 265 Section 13(a)
Client was charged was violating Probation as a result of his refusal to keep appointments with his probation officer as he agreed to do. Also, he violated probation because of a new charge of Assault and Battery on his wife. Since he was originally placed on probation for Assault with a Dangerous Weapon and simple Assault and Battery the Judge held him in custody pending the final probation surrender hearing. At the final hearing, Attorney Barabino filed a disposition memorandum and asked the court to simply terminate and discharge the probation to which the court agreed. The client's probation case was dismissed and this prior disposition of a continued without a finding was also dismissed. As a result, no conviction entered and he could apply for his citizenship in the United States as originally intended. Also, his new case of Assault and Battery was dismissed as the Commonwealth has insufficient evidence (witnesses) to proceed at trial.
RESULT: Case DISMISSED and Probation Matter DISMISSED
December 5th 2008
Lynn Juvenile Court
Attempt to Commit a Crime Chapter 274 Section 6
Attempt to Commit a Crime Chapter 274 Section 6
Attempt to Commit a Crime Chapter 274 Section 6
Assault with a Dangerous Weapon Chapter 265 Section 15B (b)
Assault with a Dangerous Weapon Chapter 265 Section 15B (b)
Assault with a Dangerous Weapon Chapter 265 Section 15B (b)
Malicious Destruction of Property Chapter 266 Section 127
Several youths, including client were stopped after he was reported to be with several other youths brandishing a otherwise real looking handgun and jumping on a civilians motor vehicle and demanding that the occupants "Open the Door" and "Give them the Money". The group of youths were stopped and an out of court identification was completed and the witnesses identified two people having one handgun. One witness identified Client and two other witnesses identified another individual. After consultation with the District Attorney the case was dismissed.
RESULT: Case DISMISSED
December 4th 2008
Lynn Juvenile Court
Unarmed Robbery Chapter 265 Section 19
Assault and Battery Chapter 265 Section 15a
Client was accused of unzipping a young woman's pocketbook and taking out several small bills-which according to Saugus police she took and ran away with. Additionally, the police alleged that she assaulted and battered the alleged victim when the money fell to the floor. The charges were simply misunderstood-and it required a trial to prove it. However, at the day of trial the Commonwealth did not have the required witnesses to proceed and the case was dismissed.
RESULT: Case DISMISSED
November 12th 2008
Peabody District Court
Assault and Battery with a Dangerous Weapon Chapter 265 Section 15A
Client was accused of throwing an IPOD device at his wife causing bruising to her arm and a welt on her face. After wife was transported to the hospital via ambulance the police became involved and arrested husband for two counts of Assault and Battery with a Dangerous Weapon. Attorney Barabino sought an evidence motion called a marriage waiver which would exclude any testimony of the alleged victim. As a result the judge dismissed the case since no case could be proven without her testimony.
RESULT: Case DISMISSED
November 10th 2008
Peabody District Court
Assault and Battery Chapter 265 Section 15a
Client was accused of pushing an ex-girlfriend out of his vehicle while the vehicle was in motion. The client denied the accusation and had been with a friend at another location at time of the accusation-as a result that friend became his alibi witness. Attorney Barabino appeared for trial ready with his client, the alibi witness and two Marblehead Police Officers who became involved in the investigation. At trial, the Commonwealth had one witness to the alleged incident but not the complainant. Consequently Attorney Barabino sought and received a dismissal.
RESULT: Case DISMISSED
October 27th 2008
Ipswich District Court
OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
Breakdown Lane Violation Chapter 89 Section 4B
Marked Lanes Violation Chapter 89 Section 4(a)
Client, was reportedly driving erratically and when police arrived and observed the same. Upon an investigatory stop the police observed a nearly empty Vodka bottle and an apologetic client. According to the Police officer, client was unable to comprehend the instructions he had been given. During the stop the officer made observations that included red glassy eyes, slurred speech and the pungent smell of alcohol. Additionally the officer indicated that the client made several admissions to driving under the influence. With the following facts before the court Attorney Barabino and client sought to make an admission so that he could be allowed to regain his right to drive and put this matter in the past. Attorney Barabino was able to negotiate a Not Responsible on one of the two civil infractions and the optimal disposition allowed by law on the OUI-short of a not guilty.
RESULT: One of two counts NOT Responsible FINDING & OUI Liquor Probation for twelve months with minimum fines and fees allowed by law and upon completion of probation case will be DISMISSED if completes Probation.
October 14th 2008
Peabody District Court
Assault and Battery Chapter 265 Section 15a
Intimidation of a Witness Chapter 268 Section 13b
Boyfriend and girlfriend had been drinking longer than they should have. After the night progressed, client was accused of calling accuser slanderous names and eventually attempting to choke her. Accuser called 911 and wrote witnessed statements and reported the incident to police as well as providing documentation of her swollen facial area. At trial, the accuser was unavailable and as a result the case was dismissed upon request of Attorney Barabino.
RESULT: Case DISMISSED
October 10th 2008
Salem District Court
Assault Chapter 265 Section 13A
Husband and Wife had been having marriage difficulties. During an argument the husband said and did things to the wife that could constitute the crime of Assault. Attorney Barabino motioned the court to have the wife enter into a Marriage Waiver during a hearing which would eliminate the possibility of her testifying at trial- with her testimony was excluded and the District Attorney was left with no option but to dismiss the matter.
RESULT: Case DISMISSED
October 8th 2008
Peabody District Court
Assault and Battery Chapter 265 Section 15a
Client was charged with Assault & Battery after he entered into an argument with a fellow shopkeeper in Beverly. After client went into shopkeepers building it was alleged that he pushed the accuser with such force that his shoulder was dislocated. After an investigation an independent witness surfaced that supported the accuser's story. Nonetheless, Attorney Barabino and client remained confident in their case and a jury's ability to find the truth. At trial, the Judge, Attorney Barabino and the District Attorney agreed that client with pay $599.80 and the case will simply be dismissed and closed.
RESULT: Case DISMISSED upon payment of $599.80
September 18th 2008
Salem District Court
Assault and Battery Chapter 265 Section 15a
Threats to commit a crime Chapter 275 Section 2
Disturbing Lawful Assembly Chapter 272 Section 40
Client had been in a special school for challenged kids. The teacher instructed the student to comply with certain rules and regulations and the student refused. An altercation ensued outside the classroom that resulted in the teacher alleging that he had been pushed multiple times by the student. In addition, the police report indicated that the student made threats to kill the teacher and disrupted the school breakfast for pushing a lunch tray rack over in the presence of several students. Attorney Barabino took the case to trial at which time the District Attorney did not have a key witness, resulting in the Judge allowing Attorney Barabino's Motion to Dismiss.
RESULT: Case DISMISSED
September 15th 2008
Salem District Court
Assault with a Dangerous Weapon Chapter 265 Section 15B (b)
Disorderly Conduct Chapter 272 Section 53
Vandalize Property Chapter 266 Section 126
Client was charged with the above referenced charges and according to police admitted to the acts. According to the criminal complaint, client had threatened a neighbor with a steel pipe and wrote threatening notes. Additionally, the complainant alleged that defendant kicked and permanently damaged his door. Attorney Barabino brought the case to a jury trial at which point and the District Attorney was ready with photographs, witnesses yet offered to dismiss the payment of a new door for the complainant of $875.00. As a result of this general continuance or pre-trial disposition of six months the case is dismissed preserving his record.
RESULT: Case DISMISSED
September 9th 2008
Salem District Court
Shoplifting Chapter 266 Section 30A
Malicious Destruction of Property Chapter 266 Section 127
Client was charged with two separate criminal complaints. One complaint stated that he was shoplifting at a local mall and another criminal complaint alleged that he maliciously broke a window of a neighbor after a dispute. Attorney Barabino sought and the expert advice of a reputable doctor to examine to the client to determine if he was competent to stand trial. Prior the results being provided, the District Attorney agreed to Pre-Trial probation which allows a full dismissal with no admission of any crime after a three month period of time with no obligation to the court other than pay one hundred dollars for the broken window.
RESULT: Case DISMISSED
September 8th 2008
Salem District Court
Aggravated Assault and Battery on a Child under 14
Aggravated Assault and Battery on a Child under 14
Client was charged with two counts of Aggravated Assault and Battery on a Child under 14. After several courts dates and hearings Attorney Barabino took the case directly to trial. At two separate trial dates the Commonwealth informed the court that they were unable to proceed and both cases were dismissed. As a result client successfully leaves for the U.S. Army with no record of any crime.
RESULT: Case DISMISSED
September 5th 2008
Salem District Court
Fugitive from Justice Chapter 127 Section 25
Client was charged as a Fugitive from Justice for violating his terms of probation in New Hampshire. As a result of his status Attorney Barabino refused extradition on behalf of client, thus requiring the Governor of New Hampshire to sign a "Governors Warrant". After a ninety day period the Governor of New Hampshire failed to sign the warrant as the statute required and a motion to dismiss was filed and accepted by the court. As a result, case dismissed.
RESULT: Case DISMISSED
August 28th 2008
Salem District Court
Unlawful Drug Possession Chapter 94C Section 34
Client was charged with possession of Heroin after being seen what the Police described as suspicious behavior at the Liberty Tree Mall in Danvers. The authorities took this possession charge more seriously than most since client had previously served nearly a decade in Federal Prison for Importing Heroin from Thailand and also served nearly another decade for in Prison for trafficking Heroin in Massachusetts. Nonetheless, Attorney Barabino sought to challenge the constitutionally of the initial police investigation which led to his arrest in this case. After several months the sitting justice asked to discuss the matter and a resolution of the case was completed and in return Attorney Barabino would not challenge the Commonwealth's case. After discussion with client he sought to accept the disposition of one year of probation case.
RESULT: Case DISMISSED if client completes one year probation
August 15th 2008
Lynn Juvenile Court INDICTMENT
Assault with Intent to Murder Chapter 265 Section 13
Discharging of a firearm within 500 feet/Building Chapter 269 Section 12E
Possession of a firearm without a valid License Chapter 269 Section 10
According to the police report, Client was accused of possessing a sawed-off rifle and firing one .22 bullet into the shoulder of a rival gang-member-which caused a wound that penetrated his front shoulder and exited the back of his arm. Initially, the client was charged as a juvenile but soon after the district attorney indicted the young man as an adult. After indictment he was charged with 1) Armed assault with intent to Murder 2) Carrying a firearm without a license and 3) Discharging a Firearm within 500 Feet of a Building. Soon after, Attorney Barabino sought to have a competency examination to determine if he can stand trial. Attorney Barabino hired an expert as did the District Attorney. After the hearing the judge determined that Attorney Barabino claim that his client was not competent to stand trial is accurate. However, the client remained on $50,000 bail. After several hearings Attorney Barabino sought to challenge the constitutionality of the confession and a hearing was held. After the hearing the judge agreed with Attorney Barabino and the district attorney was forbidden from using the suppressed or "non-constitutional confession". With little evidence remaining for the District Attorney to prosecute a second hearing was held to forbid the Commonwealth from using the accuser's recorded testimony and the judge agreed with Attorney Barabino. After significant legal and constitutional challenge the Commonwealth was forced to dismiss their case and the client was released with no charges.
RESULT: Motion to DISMISS, ALLOWED, Case DISMISSED
August 7th 2008
Salem District Court
Probation Violation/Surrender Chapter 279 Section 3
Client was charged with violating her terms of probation. She had been on Methadone for several years and has been in rehabilitation facilities throughout the years. Her violation of probation was due to her admission of drug use to include Heroin and Cocaine. The probation officer had her detained in Framingham State Prison until her final probation hearing. After several meetings with the probation department they were persuaded not to ask for additional prison time and allow the client to be released from custody, admit to the violation and place the case out for several weeks to see her behavior in the community. After several weeks she did well and after a second hearing the case was simply terminated and discharged and a dismissal was entered for the case.
RESULT: Case DISMISSED
August 7th 2008
Salem District Court
Possession of a firearm without a valid License Chapter 269 Section 10
Unlawful Drug Possession Chapter 94C Section 34
Possession of Ammunition Chapter 269 Section 10(h) Section (1)
Client, a young professional boxer was leaving a hotel in Middleton Massachusetts when a state police trooper noticed what he thought was suspicious behavior and a moving violation. Upon stopping client, trooper inventoried the vehicle and found 9mm bullets and what the thought was a functional handgun. After the "handgun" was tested at the Ballistics laboratory it was determined to be non-functional and as a result the charge was DISMISSED. Also, significant negotiation with the district attorney it was determined that the ammunition found could not be prosecuted and that charge was DISMISSED. Afterward, Attorney Barabino placed the remaining drug charge for trial. After two trial dates, the District Attorney declared that they would be willing to place the client on pre-trial probation with no admission any crime and assurance of dismissal. As a result the client had every charge dismissed.
RESULT: ALL cases DISMISSED
July 28th 2008
Salem District Court
OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
Client was charged with leaving the scene of an accident and operating under the influence of alcohol. According to the police client was so severely intoxicated that he could barely stand upright and presented slurred speech as well as other factors that did not help the client's case. However, a significant investigation into the facts and issues combined with an extensive negotiation with the district attorney resulted in them simply dismissed the leaving the scene charge outright and allowing the lowest fines and fee for the OUI charge with a stipulation that the charge is dismissed upon completion of probation for one year.
RESULT: Leaving the Scene DISMISSED and OUI charge probation with DISMISSAL upon completion of Probation.
July 17th 2008
Salem District Court
Receiving Stolen Property over 250.00 Chapter 266 Section 60
Client was targeted by police for selling an item on E-BAY that appeared to be stolen. Once identified the Police embarked on a sting operation in an attempt to catch client selling the stolen IPOD. The Police used various tools in an attempt to find incriminating evidence. Including but not limited to acting in an uncover capacity as a "Buyer of Stolen Goods"; attempting to record what they thought was a confession, the internet and various other tools of investigation. After a series of court hearings Attorney Barabino requested a received a trial. At trial the Commonwealth simply dismissed the case and declined prosecution.
RESULT: Case DISMISSED
July 7th 2008
Salem District Court
Deriving Support from Prostitution Chapter 272 Section 7
Client was charged with one count of Deriving Support from Prostitution and License Suspension, Subsequent Offense. It was clear the driving without license was simply an error by the defendant and he entered a partial plea- meaning he admitted to the charge and a plea was negotiated which involved no jail time. However, the court was prepared to sentence the Defendant to no less than 2 years in prison for the Deriving Support Charge. That was an unacceptable disposition for simply having marginal and unproven connections with a known prostitute or "escort". As a result, it was a case that must be tried before a jury. After many motions and years of court dates the client appeared at trial and Attorney Barabino answered ready for trial to the court. At trial the District Attorney was unable to proceed and the case was DISMISSED.
RESULT: Case DISMISSED
June 19th 2008
Salem District Court
Probation Violation/Surrender Chapter 279 Section 3
Client was charged with violating probation a restraining order and was serving prison time for that charge. Attorney Barabino assumed representation at after prison sentence and represented client for a probation violation. Once Attorney Barabino exhausted negotiations with the probation department he took his client's case before the judge. After a hearing the judge sided with Attorney Barabino and simply terminated all probation requirements and the case was DISMISSED.
RESULT: Case DISMISSED
May 27th 2008
Lawrence Juvenile Court
Indecent Assault and Battery on a child over 14 Chapter 265 Section 13H
Indecent Assault and Battery on a child over 14 Chapter 265 Section 13H
Assault and Battery Chapter 265 Section 15a
Client, a juvenile was charged with two separate counts of Indecent Assault and Battery on two separate people and one count of Assault and Battery. The case began over two years ago and after several hearings and investigations a trial date was set. The evidence was strong and the victims that were very involved in the process which led us to one option- a jury trial. However, after answering ready at trial, the district attorney made an offer which included the juvenile accepting a commitment to the department of youth services and in exchange there would be a dismissal of the two sex related charges.
RESULT: Client has both sex related charges withdrawn by prosecution (DISMISSED) and client has no obligation to register as a sex offender and the charge is wiped out-in exchange client takes a three-to five month commitment to the department of youth services and client can return to high school in the fall 2008.
May 5th 2008
Salem District Court
Vandalizing Property Chapter 266 Section 126A
Client was an adult already serving five years in state prison and awaiting trial on another charge which was likely to result in up to ten additional years in prison when Attorney Barabino accepted representation on a separate issue that resulted in even more charges. According to the officials at the house of correction, the client ripped the sprinkler system out of the ceiling resulting in the activation of those sprinklers and causing a major disruption and some damage to the facility. The district attorney charged him with Destruction of Property, Disconnected a Sprinkler System and Prisoner Vandalizing Prison Property. The client initially admitted to the charges but-then the judge sentenced him to an additional thirty days from and after the completion of his current sentence at which time Attorney Barabino withdrew the plea agreement and went to trial. At trial additional negotiations took place and client accepted a disposition that resulted in no additional jail time.
RESULT: Charge of Prisoner Vandalizing Prison Property DISMISSED, and remaining two charges result in an admission with prison time served and no additional time to serve after initial sentence.
April 14th 2008
Salem District Court
Uttering a False Check Chapter 267 Section 5
Uttering a False Check Chapter 267 Section 5
Conspiracy Chapter 274 Section 7
Conspiracy Chapter 274 Section 7
Client, a young man was charged with six (6) specific criminal charges to includes Uttering a False Check (2 Counts), Counterfeit Travelers Check (2 counts) & Conspiracy (2 counts) after it was alleged that he engaged in activities with several other people to include the purchase of counterfeit travelers checks. After several months of pre-trial hearings and motions Attorney Barabino requested a jury trial. At clients jury trial the Commonwealth made a decision not to pursue the accused and allowed him to have general continuance which prevents any record or penalties for these serious crimes.
RESULT: All charges DISMISSED after six months with No probation requirements or obligations and never admit to any crime.
March 25th 2008
Lawrence Juvenile Court INDICTMENT
Armed Robbery Chapter 265 Section 17
Armed Robbery Chapter 265 Section 17
Client, a fifteen year old was out on a "Liberty Pass" from his commitment to the Department of Youth Services when he was indicted as a youthful offender of (2) counts of Armed Robbery with a knife. The case involved several youths and over the course of nearly (2) years Attorney Barabino and his client worked together to rebut the accusation made against him and prepare for trial. Trial preparation included gathering defenses witnesses and their preparation, complying a review of trial transcripts, defenses investigation of several people and related trial rehearsal for a potential penalty that could include decades of imprisonment if convicted. After several trial dates the court was ready, the Defense was ready and the District Attorney was ready to proceed. However, before the jury was sworn in Attorney Barabino requested the judge have a third attorney interview an accuser in the case to see if his testimony would incriminate him under the 5th Amendment to the U.S. Constitution. After consult with a third party attorney, the client sought not to testify, leaving one additional accuser who did not appear for unknown reason.
RESULT: Case DISMISSED
March 20th 2008
Lynn Juvenile Court INDICTMENT
Possession with Intent to Distribute Cocaine Chapter 94c Section 32A
Client, a fifteen year old was out on "Liberty Pass" from his commitment at the Department of Youth Services when he was charged with Assault with a Dangerous weapon. The Police report alleged that client fired a weapon at accuser and his girlfriend. However, the defense investigation discovered facts to the contrary. After an examination of the forensic evidence, review of 911 transcripts, fingerprints evidence and search warrant, we knew that not only was the client innocent but we could prove it at trial. The young man was potentially facing several years of incarceration since he was indicted as a Youthful Offender. We answered ready for trial but with limited evidence at their disposal the Commonwealth was not positioned to proceed.
RESULT: Case DISMISSED
March 17th 2008
Salem District Court
Threats to commit a crime Chapter 275 Section 2
Client, a man who according to police had a heated argument with his father-in- law and mother. In the dispute, it is alleged that he made threats to hurt himself and his parents. Attorney Barabino and client made the preparations for trial and thus proceeded to trial. At trial the alleged victims were not locatable and the case could not proceed with the police alone.
RESULT: Case DISMISSED
March 17th 2008
Salem District Court
Probation Violation/Surrender Chapter 279 Section 3
Client, a man in his late thirties was accused of stalking a girlfriend of nearly seven years. Additionally, he was probation with a three (3) year suspended sentence for violation of a restraining order against his accuser on the stalking. The district attorney sought to incarcerate him upon immediately holding him in custody under the dangerous statute (58A). Attorney Barabino sought to have a full hearing and the judge agreed that the 58A should be DISMISSED. However, probable cause was found for a probation violation and he was held in custody. At the next court date client walked out of court.
RESULT: Client re-probated with no additional prison time and two of three of probation violations DISMISSED. The stalking charge was plead with a (CWOF Disposition) and will be DISMISSED when client finishes probation. Upon completion of probation new charges DISMISSED and probation completed with no additional prison time after hearing.
March 11th 2008
Salem District Court
Assault and Battery with a Dangerous Weapon Chapter 265 Section 15A
Assault and Battery with a Dangerous Weapon Chapter 265 Section 15A
Assault and Battery with a Dangerous Weapon Chapter 265 Section 15A
Intimidation of a Witness Chapter 268 Section 13b
Assault with a Dangerous Weapon Chapter 265 Section 15B
Client, a smart, hardworking immigrant working toward doing well, finishing school and applying for citizenship was accused of multiple violent actions by police. The accusation included assault and battery with a dangerous weapon (shoepack), Assault and battery with a dangerous weapon (floor) Assault and battery with a dangerous weapon (chair), Assault and battery with a dangerous weapon (belt), two (2) counts of Assault and battery, one count of Assault and one count of witness intimidation. Attorney Barabino worked closely with the individual very early in the process and all parties went to court and after a 5th Amendment was entered at Attorney Barabino's request- the charges were dropped.
RESULT: Case DISMISSED
March 6th 2008
Lynn Juvenile Court
Malicious Destruction of Property Chapter 266 Section 127
Client was charged with driving a vehicle that shot paint ball pellets at another vehicle. Three people were charged with the same offense. The other two defendants admitted to the crime and were given probation. Attorney Barabino and his client went to trial and the case was DISMISSED.
RESULT: Case DISMISSED
February 22nd 2008
Lynn Juvenile Court INDICTMENT
Possession with Intent to Distribute Cocaine Chapter 94c Section 32A
Client, a fifteen year old was out on "Liberty Pass" from his commitment at the Department of Youth Services (DYS) and according to the police report had sold drugs to several individuals. Unknown to him the several individuals were part of an organized drug task force to include the Federal Bureau of Investigation (FBI), State and local police as were as Sheriff Deputies. With overwhelming evidence against client, Attorney Barabino began negotiations. The young man was facing several years since he had indicted as a Youthful Offender. The Commonwealth sought several years in prison but Attorney Barabino successfully persuaded the judge to accept a commitment to the Department of Youth Service (again) until 21 and suspended sentence at the house of correction, if he doesn't complete the DYS sentence properly.
RESULT: Client avoids state prison term and is allowed to attend the Department of Services until 21 with suspended sentence for one year. (NOTE: The DYS will likely release client to his home within 5-8 months)
February 14th 2008
Salem District Court
Aggravated Assault and Battery on a Pregnant Woman Chapter 265 Section 13a
Client was charged with Aggravated Assault and Battery on a pregnant woman. The accuser had made several allegations that client beat her and his child. Refusing to accept any disposition expect dismissal client and attorney Barabino prepared for trial and answered ready for trial-the Commonwealth then realized they didn't have enough evidence to prosecute and the case was DISMISSED.
RESULT: Case DISMISSED
January 30th 2008
Salem District Court
Unlawful Drug Possession Chapter 94C Section 34
Client, sitting in his vehicle at Walgreen's when police were called from an "anonymous tipster" that he was selling prescription drugs. When police pulled him over they did in fact find that he had narcotics. Attorney Barabino challenged the constitutionality of the stop by police since the "tipster" wasn't properly identified and after the hearing the judge filed his decision supporting Attorney Barabino's theory and the drugs were suppressed and the case was DISMISSED.
RESULT: Motion to Dismiss, ALLOWED, Case DISMISSED
January 29th 2008
Salem District Court
Probation Violation/Surrender Chapter 279 Section 3
Client, a young woman on probation with a history of drug problems was required by probation not to be re-arrested. While hanging out at a hotel, she was with people who were accused of stealing a motor vehicle and during the investigation she was found to possess drugs, in violation of her probation contract. The probation department brought her before the judge and requested that she be held in the Framingham State Prison until a further court date for final surrender (or sentencing). After negotiation was unsuccessful attorney Barabino persuaded the judge to allow her to walk out of court on her own and was she was not detained. A few weeks later she came to court to determine the sentence. Attorney Barabino entered into negotiations with the probation officials and she was allowed to be re-probated with the same terms of her original probation contract.
RESULT: Probation with No Detention and No additional conditions.
January 15th 2008
Salem District Court
Indecent Assault and Battery on a child over 14 Chapter 265 Section 13H
Indecent Assault and Battery on a child over 14 Chapter 265 Section 13H
Lewd and Lascivious Acts Chapter 272 Section 35A
Indecent Exposure Chapter 272 Section 53
Client, a Texas native was visiting and considering a long-term move to Salem, Massachusetts. He was also attempting to re-establish his relationship with his son whom he had lost contact with and decided to take his son along for the ride. The young son became jealous of his father's relationship and upcoming marriage. After a few short weeks in Massachusetts, the son made several accusations that the father had sexually assaulted and battered him and had forced him to engage in rituals of a sexual nature. The district attorney made great efforts to secure a conviction even going so far as to provide their witnesses with government paid airfare, lodging and so forth. After three days of trial before a jury the result was not-guilty on all counts.
RESULT: Every Sex Charge result in NOT GUILTY after Jury Trial.
January 14th 2008
Lowell Juvenile Court
Tagging Chapter 266 Section 126B
Client, a juvenile was observed by police detectives spraying (or) painting a wall of a local establishment. Since the detective personally saw the young man spraying the paint and damaging the wall it was clear that a deal had to strike between Mr. Barabino and the Prosecutor. The prosecutor took in account several factors that Attorney Barabino informed them of and they were able to negotiate a deal that allowed the young man to walk of out court with a straight probation. This deal allowed him the leave court without having to return as well as a dismissal on his juvenile record would enter in six months time.
RESULT: Shorter probation with DISMISSAL at end of probation
January 3rd 2008
Salem District Court
Assault with a Dangerous Weapon Chapter 265 Section 15B
Client, a young business manager was operating her business shop and had felt accosted by a customer. She was charged with assault with a dangerous weapon after she allegedly raised a large brownie cutter to the customer in a threatening manner. Client had come to attorney Barabino with no previous criminal record and denied the charges from the beginning. Attorney Barabino began a lengthy investigation of every defense and mounted a significant amount of evidence in defense of client in preparation for a trial. After answering ready for trial, the Commonwealth answered they was not ready to proceed and the case as DISMISSED.
RESULT: Case DISMISSED
