Recent Cases

The Defendant admitted to the charge, with the agreement that if he paid back the money within two (2) years the charge will be DISMISSED.

October 16th 2017
Waltham District Court
Larceny over $250.00 Chapter 266 Section 30(1)
Client was a young man who stole over five thousand ($5,000.00) dollar’s worth of electronic goods from a chain store in the course of his employment. Larceny over $250.00 is a felony charge. The case against client was strong as the store had investigated the case for months and assembled a trove of electronic evidence. In addition, they secured an admission from client prior to him being formally charged. Negotiations continued for several months and the result was an admission to the charge. He doesn’t pay any probation fees and agrees to take a ½ program to learn about theft. Finally, he must pay back the money of the items that he stole. In the end, no conviction will appear on his record if he complies with the agreement.
RESULT: The Defendant admitted to the charge, with the agreement that if he paid back the money within two (2) years the charge will be DISMISSED.

RESULT: NOT GUILTY AFTER TRIAL

September 5th 2017
Salem District Court
Abuse Prevention Order Chapter 209A

A hard-working father had been in a relationship with a woman years ago.  During that prior relationship, she secured a restraining order to which prohibited him for being without 100 yards of her at all times. According to her, while she was working at her place of employment, he stopped and stared at her in violation of the order. We agreed that he did briefly walk by her store where she was working, but he did not know she worked there and he was simply as surprised as she was. Although a strong case for the defense, the Commonwealth surely felt otherwise. The Commonwealth felt the case could be proven and even obtained prior allegations against the defendant to show his “bad acts”. At trial, the judge ruled that the Commonwealth cannot use the prior bad acts as they sought to do-a win for the defense. A guilty verdict would surely mean deportation for the otherwise, innocent defendant. However, after witness after witness testified, it was clear that he was in fact, NOT GUILTY.  
RESULT: NOT GUILTY AFTER TRIAL

RESULT: 1st Offense OUI Dismissed After One YEAR of PROBATION and PROGRAM.

August 16th 2017
Somerville District Court
1st OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Young college graduate was driving and struck a parked car. Several challenges where made to the evidence of the Commonwealth via motion to suppress. Although the court denied the motion, the court authored a well written detailed 9-page decision for their rationale and basis.  The client agreed to a plea that would place him on probation for one year—with the agreement that it will be dismissed off his record at the end of that calendar year.  
RESULT: 1st Offense OUI Dismissed After One YEAR of PROBATION and PROGRAM.

RESULT: 1st Offense OUI Dismissed After One YEAR of PROBATION and PROGRAM & Civil Violation NOT RESPONSIBLE.

August 14th 2017
Brockton District Court

1st OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Miscellaneous Municipal Ordinance 14-1
Young professional sought guidance and direction on how to best solve their situation. She was driving without lights, failed the sobriety test and made incriminating statements. After discussing trials and pleas, she opted for a plea, in part, to accelerate her hardship license application. An agreement was hashed out and a Not Responsible on her civil infraction entered at the first court appearance with probation for the OUI charge.  Client agreed to a plea that would place her on probation for one year—with the agreement that it will be dismissed off her record after one year.   
RESULT: 1st Offense OUI Dismissed After One YEAR of PROBATION and PROGRAM & Civil Violation NOT RESPONSIBLE.

RESULT: Complaint DOES NOT ISSUE, with Agreement to Provide Insurance Documentation with sixty (60) days to authorities.

August 11th 2017
Woburn District Court
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Client was a young man about to embark on his first year at college. However, in the interim break, before school started, he was in a car accident. His problem was after the accident, he fled the scene, resulting in damage to two separate vehicles. The result was a criminal offense. Fortunately, parents reached out to Attorney Barabino early and he was able to coordinate a Clerk Magistrate hearing within the four-day period by law. A clerk magistrate hearing is a pre-criminal event which, if successful, can avoid there being any trace of the event on the persons criminal record. A hearing was held, with communication and documentation to the parties beforehand. The result was NO COMPLAINT ISSUES.

RESULT: Complaint DOES NOT ISSUE, with Agreement to Provide Insurance Documentation with sixty (60) days to authorities.

TABACCO SMUGGLING --DISMISSED

August 2st 2017
Woburn District Court
Conspiracy Chapter 274 Section  Tax,
Attempt to Evade Chapter 62C Section 73A
Client was in possession of a large amount of tobacco products from a southern state—and they had no license or stamp. The amount of tobacco was substantial. There were immigration consequences if the case was not successful. Several court dates led to the filing of a motion to suppress evidence. At that key hearing, the Commonwealth declared that they would not be able to secure a necessary witness and were then forced to DISMISS the entire case. 
RESULT: Motion to Suppress Evidence, FILED. Case DISMISSED Prior to Hearing.  

Magistrate Hearing- No Charges Issued

August 1st 2017
Woburn District Court
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Malicious Destruction of Property Chapter 266 Section 127 
Young, bright teacher was angered by her boyfriend. As a result of that anger she vandalized his car by keying it, thereby damaging it. At the conclusion of her moment of anger she bumped the car with her car when she left the area. Client and boyfriend had since resolved their differences and a trove of background information was provided indicating that the couple have fully resolved their differences. At the conclusion, an agreement was made to be evaluated for anger issues, and if none exist then she the complaint will not issue.
RESULT: Application for Complaint, Does NOT ISSUE, Contingent on Anger Evaluation within two months.

RESULT: Both Charges DISMISSED, At Trial-DOMESTIC

July 18th 2017
Salem District Court
Assault and Battery on a Chapter 265 Section 13M

Client and his girlfriend were arguing in the early morning hours in the street. Police were called and interviewed both parties. Girlfriend said she was punched in the face, but soon after denied it and was consistent in her statement. At the time of trial, they had since broken up. Despite that breakup, she again came to court and said a lie is a lie, and she will not say he did it, ever—because he didn’t. The District Attorney DISMISSED the case.
RESULT: Both Charges DISMISSED, At Trial.

No JAIL on 2nd OFFENSE OUI, Negligent Operation DISMISSED, Highway Violation & Open Container Violation NOT RESPONSIBLE.

July 7th 2017
Somerville District Court
Plymouth District Court
2nd OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Miscellaneous Municipal Ordinance 14-1
Open Container Chapter 90 Section 24l
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)
Probation Violation/Surrender Chapter 279 Section 3
Hardworking mother was on probation for operating under the influence, when she was charged again for the same offense; this triggered a probation violation. Attorney Barabino and client rapidly addressed the probation violation at one court and received an agreement that she simply add the SCRAMM alcohol monitor to her probation for the first case. The second case or (new offense was) placed on a disposition date (today), whereas an agreement was made, where, the client would receive no jail on the OUI charge and agree to attend a 2-week impatient program, the negligent operation charge dismissed, the Highway Wrong-way charge Not Responsible & Open Container of Alcohol Not Responsible.
RESULT: No JAIL on 2nd OFFENSE, Negligent Operation DISMISSED, Highway Violation & Open Container Violation NOT RESPONSIBLE.

Rape Charge Ends Deal

June 15th 2017
Essex Superior Court
Aggravated Rape of Child, By Force Chapter 265 Section 22B
Aggravated Rape of Child, By Force Chapter 265 Section 22B
Aggravated Rape of Child, By Force Chapter 265 Section 22B
Aggravated Rape of Child, By Force Chapter 265 Section 22B
Indecent Assault & Battery Under 14 Chapter 265 Section 13B
Indecent Assault & Battery Under 14 Chapter 265 Section 13B
Indecent Assault & Battery Under 14 Chapter 265 Section 13B
Indecent Assault & Battery Under 14 Chapter 265 Section 13B
Hardworking father and veteran did the unthinkable, he sexually abused his daughter. Client sought to do the honorable task of presenting himself to the local police department to ask that he be held accountable. He was not under investigation, suspicion or in warrant status. He simply knew what he did was wrong and reported himself to police. The result was several indictment(s) which carry, in some instances life sentences. This district attorney has recently requested life sentences for like situation(s) (after trial).  Attorney Barabino worked with all involved and in the end, negotiated a sentence which was 10-12 years in prison and some probation afterward. This will allow defendant to be possibly released in the minimum time allowed by law which is ten years. This was devastating for all involved—fortunately the victim is doing very well (but the effects of abuse can take years to show up). No More than Mandatory Minimum Sentence of 10-12 Years in State Prison, with brief probation term after release.
RESULT: Client Eligible for Release at MINIMUM MANDATORY Date.

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