Recent Cases

RESULT: No Convictions or Punishment or Probation.

January 26th 2023
Violation of Probation
Larceny over $1200
Client was a seasoned and experienced licensed electrician and great father. He was accused by a homeowner of accepting payment for a job and not completing the job. Although client has done some work and the homeowner had some legitimate grievances, that homeowner choose to report client to the police alleging that he was a victim of the Larceny over $1200. This charge is a felony in Massachusetts. This was problematic since the client was already on probation at the time, for theft related charges, in another court. Attorney Barabino had to fix each case in a separately. Strategically speaking, attacking the probation case made the most sense since it would be difficult find any favorable resolution of the larceny case with an open probation violation for a similar charge. On the probation matter, the probation department asked for a guilty conviction to enter on client’s record. We declined that offer and sought a full hearing. At the hearing, Attorney Barabino submitted a lengthy memorandum of law, complete with a background memorandum and supporting documentation. Also, he elicited testimony from his client and at the conclusion of the hearing the judge kept the probation same terms and same end date, no change with a verbal admonishment and nothing more. After that success, eventually we were able to negotiate with the second court that a reasonable disposition which was to simply pay back the person who says they are owed money and dismiss the felony charge which they agreed to do if the client pays within 60 days. In the end, the client’s success on his underlying probation case made the 2nd case resolve with ease.
RESULT: No Convictions or Punishment or Probation.

Charges of Domestic Assault and Battery DO NOT ISSUE.

January 25th 2023
Domestic Assault and Battery
Clerk Magistrate Hearing
Client was charged with Domestic Assault and Battery. She was reputable and responsible person with no criminal record. In this matter, she was alleged to have drunk too much alcohol and got into a very brief altercation with her adult daughter with an accusation of a punch in the face. The police were called did a full investigation and properly investigated the incident. Fortunately, they didn’t arrest client and the police filed for a clerk magistrate hearing. This was an opportunity to address the charges BEFORE they are issued. We were confident that we would have likely success, since the client was a mom, and the alleged complainant was an adult child and there was little other evidence. However, we knew that success would be most predictable with preparation. As a result, Attorney Barabino drafted a two-page background memorandum of the client and her life, additionally, several affidavits of family members and finally a legal memorandum on “consent” to aid the factfinders. In the end, the result was a factfinder who was confident that this would not reoccur and should not issue—and it was not.
RESULT: Charges of Domestic Assault and Battery DO NOT ISSUE.

No Charging of Felony or Misdemeanor, No Record of Criminal Accusation(s). Co-Defendant Charged, Client is not.

January 18, 2023
Assault and Battery w/Dangerous Weapon
Assault and Battery
Young Teenager was charged with Assault and Battery (misdemeanor) and Assault with a Dangerous Weapon. (Felony). According to the Police report, they were called to the scene of a prior altercation and found a young teenager who reluctantly cooperated with the police inquiry as to why his left eye was swollen shut. The young man explained to police that 5/6 kids began hitting him and throwing him to the ground and said one had a knife. The young man relayed what occurred from the day before where there was another police report and within that report there was a statement from a witness that a small handgun was present with the young men. In developing the information from the young man who is the named victim & witnesses, the client was one of several boys who punched the victim in the face and stomped on him when he was on the ground. Also, there was video of the incident where an identification of the client was made. The police then filed the criminal complaint against the client and since it was a felony charge he did not get a clerk magistrate hearing. Attorney Barabino began by going to the court in person and meeting with the District Attorney, as well as gathering the police reports(s). From there, meetings and consultations with the client and his extended and supportive family. He developed affidavits and background information. On the day of arraignment, the co-defendant(s) were formally charged—but Attorney Barabino’s client was not and considered for juvenile diversion. After many weeks, the diversion committee rejected the District Attorneys request for Diversion. Then Attorney Barabino filed for what is called Judicial Diversion on for partial charges he would be arraigned on (with a suggestion) that (maybe) there would be a future reduction of the felony charge. His suggestion was fruitful and successful. After yet another date, there was the day of arraignment and there was an agreement for a 6-month continuance to delay the arraignment with the expectation that if he remains in no-contact the charges will be dismissed, pre-arraignment, meaning client is never formally charged. RESULT: No Charging of Felony or Misdemeanor, No Record of Criminal Accusation(s). Co-Defendant Charged, Client is not.

No Criminal Charges issue after Successful Clerk Magistrate’s Hearing.

January 11, 2023
Operating Unregistered Motor Vehicle
Operating Uninsured Motor Vehicle
Client was a talented working professional who was cited by police for driving a car that was unregistered and uninsured due to a good faith mistake on his part. Before the charges would go forward, he was given a Clerk Magistrate’s hearing which he retained Attorney Barabino to help him prepare for. Given his experience, Attorney Barabino knew that these cases tend to resolve favorably for clients when there is no accident and a legitimate reason for the mistake. Attorney Barabino prepared for the hearing with an affidavit and exhibit and was successful. The charges did not issue and client would have nothing on his record. When a case is dismissed after a person is arraigned that dismissal remains on their record, but when a case does not go forward at the Clerk Magistrate’s level, nothing stays on their record.
RESULT: No Criminal Charges issue after Successful Clerk Magistrate’s Hearing.

CWOF; client moving forward and record preserved

January 6, 2023
Operating Under the Influence of Alcohol
Carrying a Firearm While Intoxicated
Possession of An Open Container of Alcohol
Failure to Yield
Client was a young Marine who went out drinking with his buddy. The friend was unable to drive because of his drinking so Client took over the responsibility for him. Client, however, was not in a state to drive himself and was eventually stopped for a traffic violation. Client was polite and respectful to police but ultimately arrested because he was intoxicated. Police observed that he exhibited the classic symptoms and signs of alcohol intoxication. Client also lawfully had in his possession a firearm which led to another charge because of his sobriety. After Client took a breathalyzer test and blew .20, he was automatically designated for a court program called 24Q which requires a mandatory evaluation with any disposition. The case was Continued Without a Finding, which means it will eventually be dismissed after Client complies with court conditions.
RESULT: CWOF; client moving forward and record preserved

DWI Not Guilty

January 5, 2023
Operating Under the Influence of Intoxicating Liquor
Failure to Stop for Stop Sign (Civil)
Client was a professional and talented businessman accused of driving through an intersection and causing a car crash while intoxicated. When police arrived on scene, they observed a totaled Range Rover and detailed in their police report that Client exhibited some of commonly cited-to signs of intoxication—including red and bloodshot eyes and slurred speech. Client was offered and performed Field Sobriety Tests, particularly one called the Nine Step Walk And Turn. The entire encounter with police on scene was recorded by a body camera, which was essential to contextualizing what happened at trial. Client also took a breath test, which resulted in a Blood Alcohol Content below the legal limit. After a trial, in which four witnesses testified, a judge found Client “Not Guilty.”
RESULT: Client found “Not Guilty” after trial before a judge; no employment or immigration consequences

Leaving the Scene of (Serious) Bodily Injury

December 20, 2022
Leaving the Scene of Personal Injury
Negligent Operation of a Motor Vehicle
Civil Infractions
Client was a hardworking and responsible member of the community with no prior record charged with striking a person with her car and leaving the scene. The case began with a late-night call to Attorney Barabino which immediately led to an early morning consultation. Client retained Attorney Barabino and strategically advised Client to turn herself in to State Police. The case was well-publicized, but thanks to documents provided to Police when Client turned herself in, including her background and history, Police did not take her into custody and merely issued a criminal summons. In only a few weeks’ time, Client settled with complainant a pending insurance claim at her policy’s maximum of $100,000. Client was arraigned and the case proceeded through the court system, where Attorney Barabino continued to negotiate and highlight Client’s good background to the District Attorney’s office. Eventually, Client agreed to a plea where the Negligent Operation charge would be dismissed after a period of probation, the civil citations would be dismissed “Not Responsible” and, although Client would plead guilty to the Leaving the Scene charge, she would not serve any jail time. Given the serious injury caused to the complainant by the car accident, no committed time was a major accomplishment.
RESULT: Negligent Operation to be dismissed after probation; civil infractions dismissed; client avoids committed time after serious car accident

Felony Dismissal at Trial Readiness Hearing.

December 8th 2022
Assault and Battery
Assault w/Dangerous Weapon
A hard working business owner was charged with assault and battery and assault with a dangerous weapon. According to police, the client was trying to get adult son up for school and an incident occurred where the elements of a criminal act occurred. Eventually, father grabbed a stick which is technically determined to be a “dangerous weapon” under the law and chased son down the street. Client wanted what Attorney Barabino wanted which was a full dismissal, without the possible consequences of any trial. If the case went to trial, father had a defense of parental discipline, but if a judge or a jury was not persuaded then the outcome, that would be a felony conviction and the possibility of jail. Attorney Barabino developed background affidavits on each family member to provide to the District Attorney and also organized the discovery provided. The reasonable and understandable district attorney agreed to place the case on trial readiness conference at which time the case was entirely dismissed.
RESULT: Felony Dismissal at Trial Readiness Hearing.

For a Fee Charge DISMISSED

November 10th 2022
Sexual Conduct for a Fee
A hard working software engineer was caught sting operation by a variety of law enforcement entities. As a result, he was charged with solicitation of a prostitute. This was his second time being in this situation, but the prior charge was dismissed. The sting operation was widely publicized, and the government used all the resources available to prosecute. That included bodycam footage and subpoenas of google accounts of the client. However, Attorney Barabino had a concern that the extraction of the money in his pocket preceded the arrest and as a result that the “search” was not constitutional. As a result, Attorney Barabino provided a legal memorandum and motion for hearing with supporting affidavits. A hearing was scheduled but after discussion with the prosecutors an offer was made for client to enter a 16-hour instruction computer class on the impacts of prostitution. In exchange the matter would be dismissed. Whereas this is the clients second time with this charge, the result was a most favorable one.
RESULT: Case DISMISSED upon the completion of 16-Hour Prostitution Class

Successful Magistrate Hearing, Leaving the Scene.

November 8th 2022
Clerk Magistrate Hearing
Leaving the Scene of Property Damage
Client was a most impressive young woman balancing a variety of life’s task. She was a fulltime employee, mother of three and a student, among other important obligations. She also had no prior criminal record. Here, she was doing her daytime task when she struck a fire hydrant and left the scene. The police had an eyewitness and did a detailed investigation whereas a review of videotape determined that she was the operator of the vehicle that struck the hydrant. The police were thorough and detailed in their investigation and sent a summons. A magistrate hearing was requested and today the hearing was held. After the submission of a variety of documents and arguments a decision was made that the complaint would NOT go forward and her record would remain preserved. The only obligation would be that verification of the damaged property be provided within 90 days.
RESULT: Complaint Successful Magistrate Hearing, Leaving the Scene.