Recent Cases

September 23, 2025
Magistrate Hearing
Lewdness, Open and Gross
An otherwise pleasant and respectful young man faced an embarrassing situation after a night of heavy drinking. After being asked to leave a movie theater, he wandered into a mall highly intoxicated. A bystander reported seeing him urinate and called the police. When the officers arrived and confronted him, he turned toward them while still exposed. The reporting witness told police she herself did not see any exposure. Officers noted in their report that Client was extremely intoxicated. They took him into custody for drunkenness but chose not to file immediate charges. Instead, they sent a summons for a clerk magistrate hearing, providing an important opportunity for review before any complaint issued. While waiting for the hearing, Client was away on extended travel; Attorney Barabino arranged to have the matter continued. During that time, Client demonstrated a commitment to sobriety. At the hearing, Attorney Barabino presented these efforts. The magistrate determined the case should not proceed, ensuring that this sensitive sex-related allegation would not appear on his record.
RESULT: Sex Charge does not issue against Client.

September 9, 2025
Possession of Class “A” Heroin
A well-established business owner was charged with possession of class “A” drug. While enjoying the casino with a friend it was determined that there was heroin and drug paraphernalia in his hotel room. The contraband was found during a public safety search because of a cigarette smoke alarm. Police then found client and his partner and confronted them. It was apparent that the other party was the culprit, but the police charged them both with the same offense. Client was particularly mature, respectful and professional with the police and in turn the police declined to arrest them and simply issued a summons to appear in court. The matter continued for several court dates as any resolution by the government required an admission of wrongdoing and drug screening. Confident in our case, we placed the matter on for a trial, which on the day of trial, the government agreed to drop the matter with proof of two NA meetings.
RESULT: 2 NA Meetings resolves Possession of Class A Charge.

August 28, 2025
Leaving the Scene of Property Damage
Clerk Magistrate Hearing
A hardworking pharmaceutical professional was cited for leaving the scene of an accident. While driving alone on a Sunday afternoon, he did almost strike a vehicle and came to a skidding stop. He was sure that he did not strike this car, despite her claim that there were marks in her bumper. Words were exchanged that were inflammatory according to the other person. In the end, he left the scene and eventually received a citation in the mail. As he was a prior client, he called Attorney Barabino right away who told him to bring the citation to the court within 4 days as that would permit him a magistrate hearing review to determine probable cause before the issuance of the criminal charge. He did that and was permitted an eventual hearing before the issuing police department and a neutral and detached court magistrate. At the hearing, Attorney Barabino presented a background memorandum and affidavit detailing necessary facts and background. He then swore in his client who, testifying with supporting photos and documentation of why there was no contact with the other vehicle and as a result, court should not move forward. The court agreed and Attorney Barabino client was successful in proving that there was no contact made.
RESULT: No Probable Cause Found, Case Dismissed. No Evidence of Any Court Involvement.

August 26, 2025
Magistrate Hearing
Shoplifting by Asportation
A young aspiring medical professional had much to lose. He was charged with stealing from a grocery store. When confronted by the store security, he abruptly left, despite being asked to allow them to interview him and wait for police. They were able to track him via his license plate and eventually they issued him a citation to appear in court. In this case, they issued the matter directly to the magistrate for a hearing. He was given a date and appeared. Attorney Barabino argued that despite the justification to move forward, client, who completed a shoplifting training course and showed great remorse, should be considered for a second chance. The court and the police listened intently and after determined that they would allow matter to not issue against the client.
RESULT: Complaint Does Not Issue Against Aspiring Medical Professional, Reputation saved.

August 20, 2025
Larceny Over $1200 by Single Scheme;
Conspiracy; Larceny Over $1200;
Larceny Over $1200;
Conspiracy
A young father with a limited record found himself facing serious charges. At the time, he was working in a position of trust at a car dealership. Along with several coworkers, he took part in a scheme to alter the costs of returns and trade-ins, allowing them to pocket money that was not theirs. The plan was unsophisticated, but the consequences were severe. After being charged, Client relocated to the South Coast. He was permitted to return home and attend proceedings remotely while Attorney Barabino litigated the case in Massachusetts. Negotiations led to a favorable resolution. Client admitted to sufficient facts on a reduced set of charges and was placed on probation for only 180 days. If he is not arrested during that time, the case will be dismissed, and no conviction will appear on his record. Importantly, Client was spared restitution obligations. Although restitution was substantial, negotiations secured zero payment from him, with two co-defendants covering the full amount. In addition, one conspiracy charge and one count of larceny over $1200 were dismissed outright. With this outcome, Client avoided jail time, restitution, and a lasting criminal record. He now can move forward and build a better life without a criminal conviction.
RESULT: Probation for 180 Days; No Restitution owed; Multiple Charges Dismissed; Record Preserved.

13 August 2025
Trafficking Cocaine
Larceny of a Motor Vehicle or Trailer
Altering Motor Vehicle ID Numbers
Destruction of Property Over $100
Larceny of a Motor Vehicle
Assault and Battery on a Police Officer
Shoplifting by Concealing Merchandise
Malicious Destruction of Property over $250
Removing and Altering a Motor Vehicle VIN Number
Probation Violation: Possession of a Burglarious Instrument: MV Larceny
Today was the final case for client who had sought to remove a variety warrants going back decades at five different courts. This case was referenced in a recent cases summary back in June 2025, where this client strategically and successfully removed four separate warrants for his arrest, dating back decades, without having post bail or go into custody. Once the successful removal of warrants was complete client, returned to his home state and did not have to return for future dates. Attorney Barabino coordinated to have all his appearance on zoom. Within the following six weeks that followed from removal of all the warrants, each appearance resulted in every case being dismissed in his favor, including a probation violation where the original probation officer from thirty years prior was still employed by the court. The success and effort taken for these warrant removals and subsequent dismissals was done well in advance of client’s arrival with a massive level of preparation and coordination—which resulted in the sought after result.
RESULT: All Warrants Removed; No Custody; Remote Appearances Allowed; Favorable Resolution, Dismissal in every case within 6 weeks of removal.

July 17, 2025
Felony Indecent Assault and Battery
Assault and Battery on Ambulance, Multiple Counts
Client faced serious felony charges following an incident during a medical emergency. While experiencing a medical crisis, ambulance personnel transported Client from his home. During the transport, he was intoxicated and disoriented. According to police reports, Client allegedly made inappropriate comments and touched a paramedic in an area that suffices for the charge of indecent assault and battery. The most serious charge, indecent assault and battery, carried a potential felony conviction and mandatory registration as a sex offender. Attorney Barabino launched a thorough investigation. Body camera footage, EMS records, and medical documentation were reviewed. Client also entered an intensive rehabilitation plan, including Vivitrol treatment and consistent therapy. His progress was documented and shared with the District Attorney’s Office. After extensive negotiating, the Commonwealth agreed to a Continuance Without a Finding on all charges. Client was placed on two years of probation with ongoing treatment and drug and alcohol screening. The judge also approved administrative probation and allowed Client to travel, making supervision less restrictive. If Client successfully completes probation, the charges will be dismissed.
RESULT: No Felony Conviction; No Sex Offender Registration; Charges to Be Dismissed After Successful Administrative Probation.

July 15, 2025
OUI Second Offense;
Negligent Operation of a Motor Vehicle
Client, a retired physician, was charged with her second offense for operating under the influence of alcohol. A concerned bystander noticed her vehicle swerving on the road and called police. Shortly thereafter, officers located Client and conducted a roadside stop. During the stop, they observed signs of intoxication, including slurred speech, red eyes, and an unsteady balance. An alcoholic beverage was also found in her center console. Client agreed to take a breathalyzer test. The result showed a blood alcohol level nearly three times the legal limit. The test was deemed admissible. Based on standard policy for second offenses within ten years, the District Attorney requested a 90-day jail sentence. Attorney Barabino zealously argued on Client’s behalf, citing her long professional career, the time that had passed since her first offense, and her strong commitment to recovery. The judge agreed. Instead of jail time, Client was placed on probation, allowing her to continue treatment and remain in the community.
RESULT: No Committed Time; Despite Government Request for Committed Jail Time. Negligent Operation Dismissed.