Recent Cases


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.


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.

Assault with a Dangerous Weapon NOT GUILTY

June 9th 2017
Lawrence District Court
Assault with a Dangerous Weapon Chapter 265 Section 15B 
Client was a hard-working self-employed IT consultant who was accused of spray painting political signs. The case was widely publicized and the accusation was that client painting the signs in the midst of the early morning hours. Moreover, it was alleged that client tried to run over accuser when she tried to leave. Everything was true, expect for the run over part. A deal was struck, to which the client would admit to the sign painting and complete fifty hours community service and stay out of trouble for one year.  However, we refused to accept that she tried to run him over and a trial was eventually held for that event. Attorney Barabino presented reputation witnesses and others to build the defense. In the end, a verdict of NOT GUILTY resulting in the felony charge after trial.
RESULT: NOT GUILTY of Assault with a Dangerous Weapon.

2nd Offense OUI DRUGS- Not GUILTY

June 2nd 2017
Woburn District Court
OUI –Drugs Serious Bodily Injury Chapter 90 Section 24(1) (a) (1) 2nd Offense
Failure to Stop for Police Chapter 90 Section 25
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)

A retired teacher was reported to be having some type of medical emergency and acting irrationally. Client then drove off, driving erratically on opposite lanes of travel and reaching speeds of over ninety miles an hour. Eventually, with police in hot pursuit client hits a telephone poll, splits it in half, the car flips and burst in flames. Fortunately, police were in the scene to extinguish the flames, and essentially rescue client. Attorney Barabino placed entered a plea for on negligent operation for which a disposition will take place in the future. For the two charges which a trial occurred there was NOT GUILTY on both the OUI, Drugs 2nd Offense and failure to stop for police. There were challenges in the Commonwealths case and in the end, client was grateful for the efforts of all involved, including the police who charged him. The charge of Serious bodily injury was reduced at a clerk magistrate hearing prior to arraignment.  
RESULT: Operating Influence of Drugs 2nd NOT GUILTY, Failure to Stop for Police NOT GUILTY.


May 25th 2017
Malden District Court
Unlicensed Operation of MV Chapter 90 Section 10
Client was unable to obtain a license and was cited for (4th Offense) for driving without a license. Given his background, history and surrounding circumstances he was given a dismissal with the agreement that client pay the two hundred dollars.
RESULT: Operating UNLICENSED, DISMISSED on court cost.

Leaving the Scene-- NO CHARGES

May 24th 2017
State Police Investigation
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Client was operating her vehicle in Medford when she hit another vehicle and left the scene. Attorney Barabino consulted with all parties and in the end, the State Police was satisfied that no charges should issue as long as the insurance covered the damage. No Charges Filed.
RESULT: Leaving the Scene of Property Damage, No Charges FILED.

Probation Violation-Terminate and Discharge

May 17th 2017
Salem District Court
Probation Violation/Surrender Chapter 279 Section 3
Client was given a suspended on and after jail sentence with on and after time. On and after time means when the client finishes the first sentence he must then start the second sentence. He had on year of jail time that he was required to serve if he violated probation terms. He did in fact violate those probation terms as he did not show up and used drugs during his probation. After some time in warrant status he turned himself in and Attorney represented him at the final hearing where he was not sentenced to his jail term, but terminated and discharged and allowed to go home.
RESULT: Probation Surrender with SUSPENDED JAIL SENTENCE, Terminated and Discharged, Client RELEASED from CUSTODY; No Jail.


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