Recent Cases

No Charges Issue. Client’s Record Remains Clean

January 8th 2022
Racing a Motor Vehicle
Negligent Operation of a Motor Vehicle
Unsafe Operation
Client was a very pleasant young man. He has no prior criminal record and today still has a clean record. However, that was almost not the case. He was driving his high-performance vehicle on the highway. While driving his high-performance vehicle, he appeared to be racing similar vehicles on the road. He was pulled over and asked if he was racing and according to the officer he agreed he was. Client was pleasant and respectful which was very helpful to his case. The officer noted that client had no hood on his car was client had race gas in the car as well. As the officer had witnessed him driving at speeds of up to 100 MPH, the officer issued two criminal citations and one civil citation once pulled over. Fortunately, client reached out to Attorney Barabino without delay. Client filed the ticket within 4 days as the law requires and he and his family went to work with Attorney Barabino preparing the case. Attorney Barabino authored a legal opinion that probable cause didn’t exist due to an impediment in the statute and the facts. In addition, he authored a long background memorandum on the client. In the end, it was all persuasive enough to have the clerk not issue any of the charges, so there will be no formal criminal complaint issued or recorded in his name. Record, remains, 100% clean.
RESULT: No Charges Issue. Client’s Record Remains Clean

Pre-Investigation No Charges Filed

January 4, 2022
Motor Vehicle Killing; Striking Dog
Client was a pleasant, out-of-state financial professional. While driving a motor vehicle client accidentally struck and killed a small dog. In Massachusetts a person can be charged with a crime if they kill a dog in this way and do not report it to the owner or police, he left the scene. In fact, a person who is convicted could face multiple fines or 10 days in a house of correction and a fine. Attorney Barabino was retained during the investigation phase. He reached out to the officer assigned to the case and entered into negotiations on behalf of client with the aggrieved owner. Thanks to his work Attorney Barabino was able to broker an agreement that was satisfactory to all parties. Police confirmed that no charges would be filed and that the matter was resolved.
RESULT: No Charges Filed. Nothing Entered on Client’s Criminal Record.

DEA Drug Case Results in No Record

December 21st 2021
Possession of Class “A”
Conspiracy to Violate Drug Law
Client was a very pleasant Army Veteran and computer professional. Client had no prior criminal record and was gainfully employed. He was in the early stages of using opiates and on this occasion was out meeting a dealer to make a purchase of illegal drugs. He was unaware that he was being watched by Federal Drug Enforcements agents who observed the entire drug deal. They launched an arrest and client was ordered to appear the following Monday at which time he would be arraigned. In one weekend, Attorney Barabino and Nick his assistant, developed a massive trove of notes, then developing that in a background memorandum and a 5-page petition for judicial diversion. Also, we developed a 111E petition, and finally a Brave Act Diversion package—all in a weekend. On Monday, the case was in fact diverted and he was never arraigned. Today, after months of behind-the-scenes therapy, the case was DISMISSED, before arraignment so it will never show up on his record.
RESULT: DEA Drug Case Results in No Record.

Out of State Gun Case Resolved via ZOOM.

December 18th 2021
Improper Storage of a Firearm
Improper Storage of a Firearm
Firearm w/o Identification Card
Client was a very pleasant U. S. Marine war veteran that traveled to Massachusetts while his then girlfriend attended graduate school in the Boston area. While here, a housefire brought the police to the home he was living. While there, they noticed several firearms, particularly a loaded high-capacity handgun, a pump action shotgun and ammunition. The items lacked the proper locking mechanism as well. After police inquired, it came to the attention that the client was not a licensed firearm holder. Based on several factors the defendant was charged with the most favorable of charges. The range that he could have been charged is extensive. He was charged with the most lenient. The case began with extensive interview with family members from afar, research and investigation as well as several motions. In the end, there was lots of discussion with the District Attorney handing the matter. Eventually, an agreement was struck where the Defendant would have all the charges dismissed after a one-year period of time---if he admitted to the allegations and agreed to forfeit the weapons and attend a gun safety class which was completed prior to the plea. So, in the end, if he stays out of trouble for one year period, the matters will be dismissed. Out of State Gun Case Resolved.
RESULT: Out of State Gun Case Resolved via ZOOM.

Leaving the Scene Charge DOES NOT Issue Against Client

December 15th 2021
Leaving the Scene of Property Damage
Magistrate Hearing
Client was a very pleasant pharmaceutical professional who was charged with leaving the scene of property damage. When Attorney Barabino was retained, client had already received notice of the magistrate hearing and had obtained the police report and accident report(s). So that step being completed client and Attorney Barabino went to work. First developing a background memorandum on client after a detailed interview and also developing a legal memorandum of law. In addition, preparing client to testify at the hearing. And lastly, obtaining evidence from the insurance company that the full restitution for damages had been paid. The hearing was conducted and as hoped and to some degree expected, there was no probable cause found. As a result, there is never a criminal record or evidence of the allegation.
RESULT: Leaving the Scene Charge DOES NOT Issue Against Client

Remorseful and Respectful Father’s Charge Dropped

Shoplifting By Asportation
Magistrate Hearing
Client was a very pleasant father who stole several items valued at nearly $400.00. He was caught by the loss prevention and police were called. When police were called they took his information and eventually sent him a criminal citation. The citation called for a clerk magistrate hearing and the purpose of that date is to determine probable cause for the crime and if so, issue the complaint. However, there are expectations to the issuance requirement at the hearing if probable cause is found. That is if in the discretion of the magistrate and the police department believe that this does not need to go forward. After a submission of a background memorandum and receipt of the civil fine paid, the clerk did not issue the complaint. As a result, the error in judgment of this otherwise person of character, will not follow him and his family. Charge Does NOT issue. Spotless record, remains spotless.
RESULT: Remorseful and Respectful Father’s Charge Dropped

Felony Cross-Complaints Never Issue Against Client 

December 1st 2021
Assault and Battery on a Household Member
Assault w/ a Dangerous Weapon
Threat to Commit a Crime
Witness/Juror/Police/Court Official, Intimidation
Magistrate Hearing
Client was a very pleasant young woman with no criminal record. She was in a marriage that has a questionable origin and lacked the authenticity that she has a right to expect. She was charged with a variety of crimes; some felonies, some misdemeanors, all serious. At the Magistrates hearing there was what is called cross-complaints. Cross-complaints mean that one side has a criminal complaint against them, and the other side has a criminal complaint against the other, with generally the same set of facts. In this scenario, there exist the possibility of one side having the case issued against them, both sides having the case issued against them, or neither sides having the case issued against them. In our case, we suggested that there was impeachable evidence of immigration fraud. To further our position, we consulted with an immigration attorney that concurred and signed an affidavit and statement of falsehood on our behalf. We provided that to the other attorney, so there they could review to determine if they would still move forward given the experts affidavit. In the end, the other side, after consultation with their attorney, sought not move forward on their criminal complaint and we did the same. Both cases, were dismissed and both parties continue to have no evidence of appearing in any court.
RESULT: Felony Cross-Complaints Never Issue Against Client

Gambling Charges Resolved Without a Record

November 10th 2021
Impeding a Gaming Investigation
Cheating and Swindling Under the Gaming Act
Disorderly Conduct
Client was a very pleasant hardworking engineer with no criminal record. Client was charged with Impeding a Gaming Investigation, Cheating and Swindling Under the Gaming Act and finally, Disorderly Conduct. According to the State Police Investigation, client has caused a raucous at a gaming table and could not be redirected. A dispute with the pit boss led him to be asked to leave. He took his chip that he didn’t think was in play and did in fact leave. However, according to State Police, the game was in play and the taking of the chip was theft. In the end, a detailed memorandum was submitted to the Clerk Magistrate and state Police on the day of the hearing, including a background memorandum of defendant. Based on a variety of factors after the hearing, the court decides NOT to issue the complaint.
RESULT: Gambling Charges Resolved Without a Record

NO Assault and Battery Charge

November 4rd 2021
Magistrate Hearing
Client was very pleasant gentleman who, while going to the local post office, was accused of assault and battery. He was interviewed by local police and eventually given a summons to appear at a clerk magistrate hearing. In preparation for the hearing, he and Attorney Barabino did an in-depth interview of the entire situation and the background.Additionally, in this case, we submitted a detailed background memorandum of the clients life and his obstacles. After the client was prepared for his anticipated testimony we simply wait for the court date. Today, the Magistrate determined that there was in fact NO PROBABLE Cause for the charge and the matter was withdrawn in it is entirety.

Magistrate Hearing For Driving Offenses Successful

November 3rd 2021
Clerk Magistrate Hearing
License Suspended, Operation
Speeding in Special Regulation
Inspection Sticker Violation
Registration Suspended
Client was a very pleasant professional on a F-1 Visa. Client was charged with a variety of low level infractions and criminal offenses. The client was charged with no valid license and speeding, no valid registration, and a bad emission sticker. Client simply made some oversights of this normally responsible lifestyle and when he was caught speeding-- the other charges were identified. Fortunately, client reached out to Attorney Barabino without delay. As a result, client knew to bring the ticket to the courthouse within fours day and after that he and Attorney Barabino began planning for a clerk magistrate hearing. A clerk magistrate or probable cause hearing allows for the case to be reviewed PRIOR to formal issuing of the complaint. If successful, no record of the events will appear on the clients background check. In preparation for the hearing, he had client sign up for an 8-hour driving class, take the vehicle off the road and finally submitted a four page background affidavit of the otherwise very responsible client at the Magistrate Hearing. In the end, the case DOES NOT got forward, including the speeding ticket. CASE CLOSED.
RESULT: Magistrate Hearing For Driving Offenses Successful.