Wakefield, MA Criminal Defense Attorney

February 17^th 2012
Salem District Court
2nd OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 

Child Endangerment with Operating Under the Influence Chapter 90 Section 24V
Client was an employee with the Department of Defense. He was charged with Reckless Endangerment of a Child and Operating under the Influence of Alcohol 2^nd Offense. According to the Police, the Clients ex-wife received a call from client that he was intoxicated and driving around with her child. She became frantic and searched for client. When she located him she argued with him driving the motor vehicle in the condition he was in and refused to give her the keys. She left (with her son) and called police since Client had insisted on driving. She cooperated with Police and Police found him a few hundred years down the road. They stated he failed the sobriety test and failed the Breathalyzer with a reading of 3.1%. 3.1% is nearly four times the legal limit. Prior to trial, Attorney Barabino made vigorous attempts to have the case thrown out in it entirety but was not successful. As the case moved forward he sent the case down for Motion to Dismiss hearing regarding the Reckless Endangerment charge (which carried Mandatory Jail time) and that Motion was ALLOWED. At the day of trial, every witness appeared leaving the client with the pre-trial option of a plea, which he eagerly sought. When the deal was argued before the Judge, the Commonwealth asked the judge to force client to attend parenting classes and install a Sobrietier Machine installed in his home. Attorney Barabino argued against it—and was successful. The judge Agreed with Attorney Barabino and the client left court---with what he wanted---No Jail.
RESULT: Reckless Endangerment of a Child, DISMISSED with Motion to Dismiss, ALLOWED and No Jail Time on 2^nd Offense (with Limited Probation Conditions).

February 13^th 2012

Salem District Court
Assault and Battery Chapter 265 Section 15a
Intimidation of a Witness Chapter 268 Section 13b
Client was a non-citizen Computer Programmer with a bright future. As a married professional from Pakistan with children born in the United States he had every expectation of continuing his life and career in the U.S. He was charged with Assault and Battery and Intimidation of a Witness (his wife). The Police alleged that he assaulted her with a boot and refused to allow her to call police. Eventually, she went inside her home and called Police. When Police arrived she made damaging statements to Police and allowed them to take pictures of her injury. Attorney Barabino took the case to trial and since the wife was precluded from testifying as a result of a “spousal privilege” the case was dismissed entirely.
RESULT: Defendant’s Request to DISMISS, ALLOWED. No Record.

February 8^th 2012
Salem District Court
Assault with a Dangerous Weapon Chapter 265 Section 15B
Resisting Arrest Chapter 268 Section 32B
Client was hardworking professional and single dad who needed solid representation. He was charged with Assault with a Dangerous Weapon and Resisting Arrest. According to the Police report, Client brandished a gun when his ex-wife appeared at his door. She failed to mention to Police that the gun was a “pellet gun” and Police arrived in full force surrounding the home. The client didn’t help his case when he briefly left the home under the cover of night. Eventually turning himself in to Police and allowing the search to take place resulting in no one being hurt---but with him being charged with one felony offense. Attorney Barabino and Client agreed that they would not admit to anything—since he didn’t do anything wrong. They can take the case to trial or drop it. It took some time but eventually the plan succeeded.
RESULT: Commonwealth sought IMMEDIATE IMPRISONMENT under 58A-Dangerousness Statute resulting in a Full Evidentiary Hearing. After a Hearing and Sworn Testimony, Judge RELEASED Defendant, No Bail, No Conditions of Release. After Release, Attorney Barabino File a Motion to DISMISS, which the Judge ALLOWED After a Hearing, a Trial is Scheduled on Last Remaining Charge and Client Refuses Every Offer, Until the District Attorney Simply Agree to DISMISS in a YEAR, with NO Probation, And No Admission to any Act.

February 1^nd 2012
Lynn District Court

Malicious Destruction of Property Chapter 266 Section 127
Assault and Battery Chapter 265 Section 15
Assault Chapter 265 Section 13A
Breaking and Entering in the Nighttime for Felony Chapter 266 Section 16

Client was a kind and considerate businessman who was angry with his ex-wife. According to the police report, he went to his ex-wife’s home in the early morning hours while intoxicated and tried to kick in the door. His repeated kicks were unsuccessful in gaining her attention so he punched the door until his fist penetrated to the other side. Once he penetrated through the door he began to tear the door apart until he his upper body could fit through. At that time police alleged that he was able to grab the ex-wife’s friend arm leaving a bruise that they photographed. Police state that they approached the Defendant and he was his body was partially through the door and he refused to obey the commands and was pepper-sprayed. A 911 tape recorded by the police supported the entire fact pattern which police described. However, despite prior convictions for violating a restraining order and crimes of violence—no jail imposed.
RESULT: Client NOT Held on “Dangerousness Request/58A” and Allowed to be Released on a Electronic Monitoring Bracelet, Disposition Negotiated No Jail or Suspended Sentence and No Batterers Treatments or Anger Management.

January 24^rd 2012

Haverhill District Court

Reckless Endangerment of Child Chapter 265 Section 13L

Client was a professional educator and administrator was charged with the above crime. An admission to this crime or a plea or verdict of guilt would be a career ender. More importantly, Client justifiably thought that the allegations were not correct. According to the police report, a concerned citizen saw a young boy in an unlocked vehicle, alone with no parent nearby. When police arrived, they said the boy had not been fed his dinner and despite the mother coming to the vehicle to explain her brief absence they sought too investigate further. Upon investigating further, they found witnesses who said client had been inside doing shot(s) and another mixed drink for well over an hour. Which although true, was from earlier when child wasn’t with her. The Police gathered bar receipts and witnesses to make their claim that the leaving of the child was supportive of the charge of reckless endangerment. Attorney Barabino has already researched legal case law for this charge before her first court appearance and knew that the Commonwealth would not be successful at trial and that an acquittal was inevitable. However, to ensure that clients rights are preserved at every opportunity he filed a motion to dismiss with a memorandum of law and scheduled the matter for a hearing. At the hearing the court intently and patiently listened to all sides. At the end of the hearing the District Attorney agreed to simply leave the case open for three months with a condition that client not drink alcohol. If she did that the prosecution would stop/halt the matter and Dismiss in three months time.

RESULT: Prosecution Stopped, Agreement Three Months a DISMISSAL-Automatically. No Criminal Record or Admission to Any Criminal Conduct.

January 23^rd 2012

Waltham District Court

Assault and Battery Chapter 265 Section 15a

Disorderly Conduct Chapter 272 Section 53

Client was with a fellow International Student and both were enrolled at a prestigious school outside Boston when they became involved in an incident with a young man and his girlfriend. According to the police report provided, the pair was heavily intoxicated when they approached a young couple and asked them for money. After asking for money they apparently began by shoving and an eventual fight landing one of the men in the hospital. The parents of client had a number of legitimate concerns, primarily that 1) there son would go to jail 2) there son would be found guilty of a crime 3) their son would have a criminal record and 4) their case would possibly prevent an application for U.S. Citizenship in the future. ---- After negotiating the case with an attentive and hard-working District Attorney office a resolution was agreed too that resulted in none of the above concerns. Basically, the young men work in a soup kitchen for a total of twenty hours; stay out of trouble and in six months the case is past history.

RESULT: Prosecution Stopped, Agreement to Complete Twenty Hours Community Service and Pay $100.00 And After Six Months a DISMISSAL-Automatically. 

June 24^th 2011

Lynn District Court

Drug, Obtain by Fraud Chapter 94C Section 33(b)

Conspiracy to Violate Drug Law Chapter 94C Section 40

Probation Violation/Surrender Chapter 279 Section 3

Client was on probation and the probation agreement included a suspended sentence. A suspended sentence is a sentence to jail but not imposed unless the person is charged with a new crime. In this case client did commit a new crime. His new crime included a prescription-writing scheme in which he falsified a prescription so he could obtain a narcotic based prescription. He did so and was videotaped picking up the drugs. Attorney Barabino negotiated with Probation combined with detailed supporting documentation allowing for an agreement with probation that would allow for client not to have his sentence imposed. Client appeared with Attorney Barabino before the judge and with the agreement with probation and no jail sentence was imposed on either case.

RESULT: Suspended Sentence Is Not Imposed and No Jail Time on Either Case.

April 3^rd 2011

Probation Violation/Surrender Chapter 279 Section 3

Probation sought drug treatment and aftercare. The probation officer sought committed jail time and fought aggressively to get it. Attorney Barabino refused to allow his client to admit to acts, which were untrue, a hearing was sought---they challenged the evidence and the credibility of the probation case. Attorney Barabino crossed examined the probation officer---placed his client on the stand and after the hearing the judge refuse to enter CWOF NO Jail and limited aftercare.

RESULT: No Jail, No Conviction On HIs Record, Released From Custody.

November 8^th 2011

Peabody District Court

Lewdness, Open and Gross Chapter 272 Section 16

Lewdness, Open and Gross Chapter 272 Section 16

According to Police, a witness saw client pull his penis out of his pants when she drove by him. Then the witness saw Client again and once again he repeated the act. Police located and arrested client and placed two sex charges against him. If client was found guilty of the charges he would surely have been required to register as a sex offender (SORB) aside from any imprisonment---and potential deportation—as he was not a U.S. Citizen. Moreover, client had previously been charged with Criminal Harassment, Accosting, Lewd and Lascivious Behavior, Open and Gross, Peeping Tom and other non-sex crimes. Attorney Barabino had no choice but to mark it up for trial as the Commonwealth would be seeking the maximum penalties. However, once all parties appeared ready at trial the Commonwealth was unable to secure the presence of that key eyewitness---resulted in a request from Attorney Barabino to Dismiss the charges, which was allowed.

RESULT: Both Charges Dismissed, No Record of Sex Charges, No Sex Offender Registration. 

November 10^th 2011

Salem District Court

Drug, Possession to Distribute Class A Chapter 94C Section 32A (a)

Drug Violation Near School/Park Chapter 94C 32 J

Law Enforcement was watching Client as he moved in and out of a motor vehicle that they had been monitoring. As they observed Client and other known parties enter and exit motor vehicles they moved in arrested all the parties. Client was charged with a distributing heroin in a school zone as well as possession to distribute heroin. The school zone violation requires a minimum two-year house of correction prison sentence and the distribution charge would be on and after time---prison time. In this case on and after prison time was a real possibility---almost a certainty. Client had a six page “rap sheet” detailing prior convictions for larceny, receiving stolen property, breaking and entering, drug possession, resisting arrest, possession to distribute heroin, possession to distribute in a school zone and conspiracy, among others. In challenging the charges, Attorney Barabino filed a memorandum detailing the factors that should demand a dismissal of the charges. That memorandum, along with a motion and relevant case law required one result---that the motion to Dismiss all the charges should be allowed, and the District Attorney agreed to the motion moments prior to starting the formal hearing.

RESULT: Motion to Dismiss Both Charges, Motion ALLOWED. Case Dismissed.

November 17^th 2011

Peabody 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 charged with spray painting or “tagging” several different places in the city of Peabody. The Client has denied any involvement and the police had no evidence to support a conviction. Normally, the District Attorney wouldn’t even allow such a case to go forward—but with a prior charge in Lawrence---he was identified as a “Tagger” and the District Attorney was prepared to introduce prior bad acts of his tagging—from Lawrence Police Officers. A simply case initially—but in the end, fairly complex. Ultimately, a trial was scheduled and both Attorney Barabino and the District Attorney answered ready for trial. As the case was about to get underway last minute negotiations resulted in a straight dismissal of the charges if the client paid three hundred dollars. After a brief discussion the client, he was eager to walk out of court for multiple felony counts---for the restitution of three hundred dollars.

RESULT: All Felony and Misdemeanor Counts Dismissed at Trial, upon Payment of Three Hundred Dollars in Restitution

November 7^th 2011
Salem District Court
Malicious Destruction of Property Chapter 266 Section 127
Assault with a Dangerous Weapon Chapter 265 Section 15B
Client was high-valued government manager with the U.S. Air Force--employed as a civilian. His job entailed National Security details and any conviction would likely result in a revocation of his secret clearance. A revocation of his security clearance would likely his termination from his career. According to
the Police, client went to a home a person he had fought with earlier in the evening. The Police allege that the client took out a baseball bat and assaulted complainant and damaged his car.  The client was with several other friends all who settled the matter prior to trial. Attorney Barabino’s client refused to be
pressure dinto any deal and wanted his record clean. His accuser earnestly took the witness stand, which resulted in several inconsistent statements, which damaged the complainant’s story. Moreover, Attorney Barabino’s client also took the stand and at the end there was justice---both counts not guilty.
RESULT: Verdict NOT GUILTY, All Counts

December 7^th 2011
Salem District Court
Malicious Destruction of Property Chapter 266 Section 127
Malicious Destruction of Property Chapter 266 Section 127
Client was charged with Malicious Destruction of Property over $250.00. According to the Police he sent threatening text to the mother of his children early in the A.M. hours. Soon after the accuser said she saw Client outside her home walking back and forth and when she went to huddle her children into a room abrick was thrown threw her window-shattering the window. She immediately called 911 and reported the incident. When Police arrived they noticed her car windshield was also broken. Client was charged with Felony counts each that carried a up too a two-year house of correction sentence. A real possibility ofeach sentence being imposed to there fullest since Client has a seven page record that listed convictions on various crimes of violence---as well as several restraining orders. The District Attorney zealously (yet fairly and professionally) pursued the case---but she could not rehabilitate the evidence that she was given since ---in the end---the attentive and alert jury rendered a verdict of not guilty on both counts.
RESULT: Jury Verdict NOT GUILTY, Both Counts, Client Released From Custody. 

November 3^rd 2011
Essex SUPERIOR Court/INDICTMENTS
Firearm Carrying with Ammunition Chapter 269 Section 10(n)
Possession of a firearm without a valid License Chapter 269 Section 10
Other Local Ordnance Chapter 272 Section 59
Ammunition without Identification Card Chapter 269 Section 10
Firearm carrying without a license Chapter269 Section 10(n) INDICTMENT
Alcohol Beverage under 21 Chapter 138 Section 34c
Firearm Obliterating Serial Numbers Chapter 269 Section 11c
Client was a visiting friend in Lynn, Massachusetts when Police were called to his location. When Police arrived they saw client, who was underage walking with alcohol. When Police approached him they stated he pulled out a shiny object out of his waistband and threw the shiny object about six feet. When Police looked over at that location they saw a loaded .22 Semi-Automatic Pistol. The Defendant was taken into custody and searched his person and located two switchblade knives as well. Client had a previous gun charge on his record that had been dismissed two years prior, which, although dismissed was not helpful to the perception of client as a gang-member. After nearly two years of hearings, investigations and motions a deal was struck that allowed Defendant to avoid jail all-together—Despite the one year Mandatory Sentence that the law requires. Client made the final decision and his decision was to take the deal. Client admits crime on mandatory jail sentence of one year—receives no jail after plea.
RESULT: Client AVOIDS Jail After Admitting to Charge that Carries a One Year Mandatory Minimum Sentence, No Jail Time or Detention and Remaining Charges Dismissed. 

August 23^nd 2011
Essex SUPERIOR Court/INDICTMENTS
Assault with a Dangerous Weapon Chapter 265 Section 15B
Armed Robbery Chapter 265 Section 17
Police allege that client and his friend went up to another, punched and kicked him repeatedly and eventually stripped him of his gold necklace and eighty dollars. After nearly a year of hearings and investigations into the case, it was determined that another version of events could be true. A trial was scheduled and the District Attorney announced they were simply dropping the Armed Robbery if a plea was accepted. The plea involved NO committed time---and NO Probation Conditions.
RESULT: Armed Robbery DROPPED by District Attorney, PLEA with NO COMMITTED TIME on Assault with a Dangerous Weapon.

August 17^th 2011
Malden District Court
Assault Chapter 265 Section 13A
Client was a non-citizen Computer Programmer with a bright future. He came to the United States and was staying here on a H-1-B VISA-and he wanted to stay in good standing with that status. Client was charged with Assault after the Police took a report of him hitting his girlfriend. The Police stated that the Complainant had dried blood on her lip and redness on her face. The charge of Assault was to be upgraded by the District Attorney because of the physical contact alleged. However, after consulting with all the parties Attorney Barabino drafted a Memorandum of Disposition, which was essentially a written background of the Clients Background as well as an Accord and Satisfaction. The Accord and Satisfaction motion allows for judges in some instances to allow for a dismissal of charges—even over the District Attorney’s objection. In this case the District Attorney objected, but the judge ACCEPTED the Accord and Satisfaction. As a result, the case is DISMISSED.
RESULT: Motion for Accord and Satisfaction, ALLOWED. Case Dismissed.

August 8^th 2011
Salem District Court
Drug, Possession to Distribute Class B Chapter 94C Section 32A (a)
Client was caught driving his vehicle without a license. However, the problem was the Cocaine that was found under his seat. After police located the Cocaine they also found a cache of forged identifications cards that are often sold to illegal aliens. Moreover, client would be faced with potential deportation if he entered a plea if he admitted to the forged documentation. Attorney Barabino filed several substantive motions while launching an investigation into who could plant this evidence. Over a period of nearly a year and a half, several challenges were made the admissibility of the evidence. And one of those motions---a motion to allow the identity of the informant who told police that the Defendant would actually have cocaine WAS Allowed. An exhaustive search provided the Defendant with information that supported the claim that he was setup by an informant. Moreover, Attorney Barabino had his investigator interview several witnesses at client’s work-thereby uncovering additional exculpatory (helpful information). With this new information as well as other public documentation that was uncovered by Attorney Barabino the District Attorney simply agreed that the Defendant was the victim and dropped all the charges.
RESULT: Motion to Allow the Identity of the Informant, ALLOWED, Case DISMISSED.

August 3^rd 2011
Haverhill District Court
Lawrence District Court
BB Gun/Air Rifle Discharge Chapter 269 Section 12B
Malicious Destruction of Property Chapter 266 Section 127
Probation Violation/Surrender Chapter 279 Section 3
Client sought to enlist in the Marine Corps, but he had other battles that he had to fight at home. One such battle was being found with a loaded BB-Pistol, around 4:30 in the morning, and just moments after some unidentified person was seen shooting a BB Gun into a nearby home. The homeowner was awaken by the BB’s hitting and breaking the windowpane and became alarmed for several reasons to include the homeowners baby’s who was sleeping by their side. After seeing the individual shooting their window they called 911, which happened to be when client was walking home from a party. An arrest was made and charges brought. Client was held on Probation Detainer and Probation department was seeking committed time. Then Attorney Barabino took over and the probation matter ended with NO conviction and no committed sentence. As far as the initial charges Attorney Barabino placed the case on for a motion to suppress the evidence---but it was not needed. The District Attorney agreed to dismiss the Felony Charge and place the Defendant on Probation, unsupervised for six months. Semper Fidelis.
RESULT: Client Receives NO Conviction on Probation Matter, New Case Has Felony Charge DISMISSED and Client is on Administrative Probation with No Conviction(s).

July 19^th 2011
Peabody District Court
Breaking and Entering with Intent to Commit a Misdemeanor Chapter 266 Section 16A
Client was an eager to apply for his U.S. Citizenship and didn’t need a reckless indiscretion holding him back. Since there are some charges that can impede an application for admission to U.S. Citizenship we knew that if any deal would be struck it would be when the jury was sworn in and the District Attorney had all their witnesses. The day of trial came---and the District Attorney had their witnesses and then some. The facts were even worse that anticipated. Quite simply---the fresh footprints in the snow leading into the building where they were found went in one direction (In the locked room). Moment’s prior to trial, Attorney Barabino negotiated a straight dismissal of the Breaking and Entering charge and disposition of the trespassing charge that didn’t include a conviction—a win for citizenship application. One co-defendant wasn’t so lucky—she opted to challenge and a charge and a verdict of guilty entered for her. No so, for Attorney Barabino’s Client. He leaves court with NO Conviction.
RESULT: Client has NO Immigration Consequences and NO Conviction.

June 24^th 2011
Lynn District Court
Drug, Obtain by Fraud Chapter 94C Section 33(b)
Conspiracy to Violate Drug Law Chapter 94C Section 40
Probation Violation/Surrender Chapter 279 Section 3
Client was on probation and the probation agreement included a suspended sentence. A suspended sentence is a sentence to jail but not imposed unless the person is charged with a new crime. In this case client did commit a new crime. His new crime included a prescription-writing scheme in which he falsified a prescription so he could obtain a narcotic based prescription. He did so and was videotaped picking up the drugs. Attorney Barabino negotiated with Probation combined with detailed supporting documentation allowing for an agreement with probation that would allow for client not to have his sentence imposed. Client appeared with Attorney Barabino before the judge and with the agreement with probation and no jail sentence was imposed on either case.
RESULT: Suspended Sentence Is Not Imposed and No Jail Time on Either Case.

May 3^rd 2011
Lynn District
Armed Robbery Chapter 265 Section 17
Client was an upstanding high school senior who, according to police was dealing weed on the side. According to Police, Client went to the home of a drug dealer with several others and demanded drugs at gunpoint. The case was placed in for a Probable Cause date, several times for the purposes of the Indicting the Client. After several attempts, The District Attorney was unable to secure their witnesses for the hearing which allowed the Defense to request a dismissal from the judge---and that dismissal was granted.
RESULT: Case DISMISSED

April 3^rd 2011
Probation Violation/Surrender Chapter 279 Section 3
Probation sought drug treatment and aftercare. The probation officer sought committed jail time and fought aggressively to get it. Attorney Barabino refused to allow his client to admit to acts, which were untrue, a hearing was sought---they challenged the evidence and the credibility of the probation case. Attorney Barabino crossed examined the probation officer---placed his client on the stand and after the hearing the judge refuse to enter CWOF NO Jail and limited aftercare.

July 8th 2010
Lynn District Court
OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)
Marked Lanes Violation Chapter 89 Section 4(a)
According to Police, Client drives past them speeding, and negligently drove through a stop sign. After police stopped client the standard sobriety test were given and police thought the result were unacceptable. The police administrated a Breath test where client responded, “yeah, I’ll take it but I’m going to be drunk”. He was legally intoxicated according to that test and the second test at the police station confirmed it. The clients question from the beginning was, I did it---now how do I fix it and get my license back. Once client came to Attorney Barabino he had already been arraigned and needed representation. Attorney Barabino filed a motion to have the case heard with six days of hiring—and disposed of the case four days after than in court. In court, Attorney Barabino negotiated terms that allowed a DISMISSAL on the Negligent Operation of a Motor Vehicle, and a NOT RESPONSIBLE on the Speeding Violation and the OUI charge was given a twelve month probation period that will allow a dismissal of the charges after one year.
RESULT: Client has a Chapter 90 Section 24D Disposition will the shortest probation period allowed by law, DISMISSED Negligent Operation of a Motor Vehicle and NOT RESPONSIBLE on the SPEEDING TICKET.

July 7th 2010
Salem District Court
Shoplifting $100+ by Asportation Chapter 266 Section 30A
According to the Security Guards at a local Department Store, Attorney Barabino’s client was walked into the store with her sister and approached a display of merchandise. They selected children’s clothes and shoes, removed the tags and attempted to conceal the items after removing the tags from the items. The evidence was clear that they committed the act of shoplifting. In addition to the expected testimony of the store security officer there was videotape of the client and her sister committing the acts. A deal had to be struck with the prosecutors and a major concern was any admission to a crime could have immigrations consequences. After discussing the matter with the District Attorney an agreement was struck to allow no admission to a crime and simply pay back the money for the items. If client stay out of trouble for six months the case was simply be dismissed. And most importantly, it will be dismissed with no admission to the criminal act.
RESULT: pays $239.98 and admits to NO crime, with NO immigration Consequences.

June 24th 2010
Boston Municipal Court
Larceny over $250.00 Chapter 266 Section 30
Police officers responded to Barney of New York in the Back Bay for report of a shoplifter. Upon arrival officers spoke to store security who stated she watched a woman later identified as attorney Barabino’ client walk into Barneys-and walk directly into the fitting rooms. Security reported that she took two dresses that were already in the dressing room, placed the two dresses in her pocketbook and proceeded to leave the store without paying for them. Security believed that she was working with another female who had stolen from Barney’s in the past. The two dresses were valued at nearly $3,685.00. The dresses were given back to Barneys. Client, a Russian Immigrant living in New York City had various concerns about the ramification and consequences of such serious charge. Moreover, the store had client videotaped doing the acts which security had witnessed. Attorney Barabino discussed the matter with the Prosecution several times to fashion a disposition. The result of the discussion was very favorable to Attorney Barabino’ client. She walked into court on the very next court date, paid restitution on the amount of the items and was did not have to admit to any crime.
RESULT: Client pays $3,685.00 to Barneys of New York and AVOIDS admitting to a FELONY OR a MISDEMEANOR. No Probation or Immigration Consequences for Client.

May 13th 2010
Peabody District Court
Assault and Battery Chapter 265 Section 15
Client was alleged to have called his pregnant girlfriend to her mother home to retrieve jewelry that he purchased for her and officially break up the relationship. His soon- to- be ex- girlfriend alleged that he slapped her on the face before he left. She also made other statements that resulted in a questionable accusation. Nonetheless, the police arrested him for domestic assault and battery. Attorney Barabino put his investigator on the case and his investigator interviewed the woman who made these accusations. She decided that she was going to tell the truth and proceeded to sign a sworn statement that supported the Defendants assertion that he is truly innocent. After answering ready for trial the case could not proceed as the victim was not present to testify.
RESULT: Case DISMISSED

May 4th 2010
Lowell Juvenile Court
False Bomb Threat Chapter 269 Section 14
Disturbing a School Assembly Chapter 272 Section 40
According to the police report, client/student was in the female bathroom when another girl asked for her lipstick. Once in her hand the other girl proceeded to write out a specific bomb threat on the wall of the bathroom. As a result of the written threat, the school authorities were notified and took precautionary measures which resulted in a major disruption to the school. The measures that had to be taken included a full evacuation and securing of the building. Local Police and Fire Rescue where called as a result of the threat. Under the joint venture theory of criminal prosecution the Commonwealth could attempt to convict client just on her limited role in the bathroom. However, more problematic would have been her alleged statements to other students that she was the one who wrote the statement as well. Also, the girl in the bathroom blamed our client as well. Nonetheless, the school proceeded with long term suspension and the police summonsed her to a clerk magistrate's hearing. Working with all involved Attorney Barabino represented the juvenile at the Clerk Magistrate's hearing. Several conditions and obligations were placed in the client and in return the clerk will not formally file the complaint in court. Client never appears before a judge. This case will therefore never appear on her criminal record.
RESULT: Application for Complaint Never Filed in COURT, Case to be DISMISSED

April 29th 2010
Salem District Court
Drug, Possession Class B (Cocaine) Chapter 94C Section 34
Resisting Arrest Chapter 268 Section 32B
According to police, while on patrol in a high-crime area they noticed a person transfer something to client. The other individual was person of high interest because of unsubstantiated allegations of prior drug dealing. Police asked Defendant what he was doing and what was in his hand. He showed police the other hand and after repeated questioning from police he assented to their request and showed them a small baggie of cocaine. Client was irritated and according to police resisted arrest when they attempted to place the cuffs on him. Attorney Barabino challenged the constitutionally of the search. A hearing was scheduled and the officer testified to what he saw and when he saw it. Attorney Barabino crossed -examined the officer challenging his observations and actions during the arrest. After the hearing and supplemental legal memorandums the judge ruled that any evidence that was seen after the initial arrest CANNOT be used at trial and a dismissal will be the only remedy for the District Attorney. Although the District Attorney seeks to have an appellate court review the judge’s findings, it is inevitable that this case will be dismissed.
RESULT: Motion to Suppress Allowed, Case will be DISMISSED

April 29th 2010
Salem District Court
Larceny over 250.00 Chapter 266 Section 30(1)
According to the police report, Client was caught by store security stealing several items totaling over 250.00 (a felony charge). Client admitted to police her wrongdoing and the evidence was obvious and glaring. Negotiation with the District Attorney was the only option. However, the District Attorney sought the maximum sentence of two years in the house of correction sentence COMMITTED. Committed means that they wanted her to be in jail with no suspended sentence or probation. The probable harness to their recommendation was the result of the client’s prior record of similar offenses with committed jail time. Attorney Barabino took the client before a judge asking for straight probation (administrative). Administrative probation would allow her NOT to have to meet with a probation officer or the need the fulfill any related requirements. After Attorney Barabino explained the client’s background, history and previous road to rehabilitation and as a result he decided to accept Attorney Barabino request for one year of probation---no jail time and NO probation requirements.
RESULT: Client Avoids TWO YEAR House of CORRECTION Jail Sentence.

April 6th 2010
Peabody District Court
Assault and Battery Chapter 265 Section 13
According to Police, there was a call of a despondent female. The female alleged that she went to Client's home and when she was at the home they got into a verbal argument. She told the police that when she went to leave the apartment he grabbed her wrist and twisted it as he escorted her out of the apartment. Attorney Barabino and his client decided there was no disposition other than Not-Guilty or Dismissal that would be acceptable- since he denied ever using excessive force. After the necessary pre-trial preparation and defense investigation the case was marked ready for trial and on the day of trial the Commonwealth agreed to dismiss client's case against him and at the same time enter a mutually satisfying disposition in a separate case involving the same parties in which the Client was the victim.
RESULT: Case DISMISSED

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 Agrees to Withdraw Violation.

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: 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. ALLOWED, 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 Cient 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