Recent Cases

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.

UNLICENSED Operation- DISMISSAL

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.

1st Offense OUI, NO Criminal Conviction, NOT RESPONSIBLE on CIVIL Infraction.

May 5th 201
Cambridge District Court
1st OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Marked Lanes Violation Chapter 89 Section 4(a)
Client was a successful biotech executive. After leaving work late one night, they got into a one-car accident. The accident was serious and resulted in a totaling of the fire department property. At a plea hearing, the District Attorney sought the accused be found guilty based on the severity of the crash. Attorney Barabino argued for a different outcome, which would preserve his criminal record and eventually be dismissed. At the conclusion of the hearing, the court sided with Attorney Barabino and client began the process for obtaining his hardship license and moving the whole event behind him. Attorney Barabino will continue to monitor any restitution owed for the damaged city property. Lastly, court issued client NOT RESPONSIBLE for civil infraction of Marked Lanes violation.
RESULT: 1st Offense OUI, NO Criminal Conviction, NOT RESPONSIBLE on CIVIL Infraction.

SIXTY- DAY Probation Period-Unnatural and Lascivious Conduct

April 28th 2017
Salem District Court
Unnatural and Lascivious Conduct Chapter 272 Section 35
Client was an educated mother and grandmother who succumbed to drug addiction. During that period of addiction, Police saw her making a movement and behavior consistent with oral sex to a known LEVEL III sex offender. That event was nearly two years ago and she has been in warrant status since.  To client’s credit, she did what the court could only hope for in those missing years. She got herself clean and off drugs, into rehabilitation and fully engaged with society. For those reasons, and her otherwise decent criminal record, Attorney Barabino was able to argue that the Commonwealth’s sentence of a felony conviction, 18 Month’s Probation, and various programs was not the answer. At the conclusion of the plea, the court accepted a 60-day period where her case would be dismissed if he remained out of trouble with no conviction.
RESULT:   DISMISSED if stays out of trouble for sixty days.

Probation Terminated EARLY

April 21th 2017
Brighton District Court
Probation Violation/Surrender Chapter 279 Section 3

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

TAXI FARE EVADING DISMISSED

April 20th 2017
Brighton District Court
Taxi Fare, Evade Chapter 159 Section 16
A Boston University Student was charged with evading a taxi fare. In this case, the fare was particularly large amount of nearly five hundred dollars. The police believed in good faith that this was an intentionally evasion of the fare and brought a complaint before a clerk magistrate.  Attorney Barabino reached out to all involved, paid the fare, and at the hearing, client found not responsible and case DISMISSED.
RESULT: Case DISMISSED.

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