Recent Cases

Criminal Record Preserved

August 26, 2020
Clerk Magistrate Hearing
Reckless Operation of a Motor Vehicle
Client was a very pleasant and patient young man. He had no criminal record-not even a speeding ticket. However, according to police, he was driving at speeds of nearly 115 MPH and weaving in traffic. The police stopped him and gave him a citation. Client called Attorney Barabino and they quickly processed the ticket within the 4-day required time period. Since they processed the ticket in a timely manner, client was then entitled to a Clerk Magistrate hearing. At the Clerk Magistrate hearing there was no objection to the facts as they were as stated. However, Attorney Barabino and client were able to present a disposition memorandum outlining his background, an affidavit of rehabilitative steps and finally his otherwise spotless driving record. In the end, the Magistrate DID NOT ISSUE the criminal charge. Record Preserved.
RESULT: Case DOES NOT GO FORWARD for Arraignment, Criminal Record Preserved.

Case Dismissed, Motion to Expunge Allowed

August 25, 2020
Motion to Expunge
Client was a hardworking father and local news technician. While driving with his family, he was stopped for a routine civil infraction. When police ran his license, as they always do with a traffic stop, it was discovered that client had a warrant for his arrest issued in a different county for domestic assault and battery. This warrant was false. Client had never been to that county before. Client was brought to court and the judge dismissed him on the warrant. It was clear that this was a case of mistaken identity. Client worked with Attorney Barabino to get the dismissed which they did. Once that was complete, Attorney Barabino and client began the process of expungement. With the passage of the 2018 Massachusetts Crime Bill, opportunities for expunging or completely wiping out a criminal record have been greatly expanded, including for cases of mistaken identity. With expungement, the record is physically destroyed so it literally cannot be seen or accessed by anyone. Attorney Barabino realized that his client qualified and accessed and applied the law to successfully obtain one. Thanks to the expungement, there will be no evidence of criminal conduct on client's record.
RESULT: Case Dismissed, Motion to Expunge Allowed

24Q & 24D Plea Deal

August 15, 2020
1st Offense OUI
Negligent Operation
Client was a hardworking physician who was charged with OUI and Negligent Operation. They had no prior record. According to the Police, client failed the sobriety test and the Breathalyzer. After a full review, investigation and consultation with Attorney Barabino it was determined that a plea was going to be the chosen path. Because the Breathalyzer test reading was as high, any plea had to include what is referred to an as 24Q evaluation. With that understood, Attorney Barabino and the Prosecutor developed an agreed upon plea disposition that allowed the charge of Negligent Operation to be DISMISSED and the OUI charge be a 24D Disposition. With this disposition, client would be given a Continuation Without a Finding (CWOF)and NOT a Guilty finding. They would be given the shortest probation period of one year and not two, and they would not have to perform any additional conditions aside from the 16-week program that must be completed by all candidates for the program.
RESULT: 24Q, 24D Plea.

Gun Permit Appeal, Decision Reversed

August 15, 2020
Gun Permit Appeal
Client was former U.S. Army Officer and Attorney. He applied for a firearm license following all the rules of regulations that his Chief of Police requires. Inexplicitly, he didn’t receive a response after he applied. Months went by and the applicant inquired to the Chief requesting if he be apprised of the status of the application. The Chief simply didn’t call back. Finally, a letter was sent requesting that the application be denied so that he could appeal to the District Court judge. A complaint with filed against the Chief in District Court and a hearing held. The judge ruled a partial victory for the applicant and remanded the case to the Chief. The Chief once again delayed his response and when he did respond, did so ineffectively. The applicant filed a motion for summary judgment that was treated as a motion for reconsideration by the judge and application for the permit was ALLOWED, and the judge ordered the Permit to issue, FORTHWITH.
RESULT: Firearm Permit Ordered to Issue, FORTHWITH.

Court Treats Second Offense OUI as First, All Other Charges and Infractions Dismissed

August 6, 2020
Second Offense OUI
Client was a hardworking father with who was operating at three times the legal speed limit. As someone who had done jail time before and struggled with substance abuse, his goal was to simply stay out of jail. Attorney Barabino negotiated a plea that exceeded his expectations. Client was given a 1st offense disposition for the 2nd Offense OUI. The Negligent Operation Charge was dismissed, The Open Container Civil Infraction was "not responsible", and the Marked Lanes Civil Infraction was "not responsible". The importance of getting the additional civil infractions cannot be understated. Additional civil infractions, if not dismissed, can result in surcharges on licenses that not only cost money but can result in a subsequent license suspension. In this case, those were dismissed in addition to getting the 1st offense disposition on the OUI.
RESULT: Court Treats Second Offense OUI as First, All Other Charges and Infractions dismissed.

Court Treats Second Offense OUI as First, Dismissed After One Year

July 17, 2020
Second Offense OUI
Client was a hardworking business professional charged with second offense OUI. According to police, he was heavily intoxicated, showing all the signs and symptoms of someone who had been drinking heavily and excessively. Client consulted with Attorney Barabino over options of going to trial or entering into a plea agreement. Attorney Barabino then wrote a detailed disposition memorandum with exhibits, including background history, and presented it to assistant district attorney for review. Attorney Barabino was able to negotiate a Cahill Disposition, which means that the court would treat client’s offense as a first instead of a second. He was even able to get a Continuation Without a Finding (CWOF), allowing client’s second offense charge to be dismissed as long as he complies with one-year term of probation.
RESULT: Court Treats Second Offense OUI as First, Dismissed After One Year

No Jail Time for Serious OUI Charge with Injuries

June 9, 2020
OUI Alcohol
Negligent Operation of a Motor Vehicle
Client was a former gynecologist charged with an OUI and Negligent Operation of a Motor Vehicle. According to police, he was driving highly intoxicated and passed his car over the yellow line hitting another car head on, significantly injuring the vehicle’s occupants. After months of negotiations with the district attorney, an agreement was reached where client would go on probation for two years with an alcohol treatment program and no jail time. The victim of the incident was particularly decent and forgiving given her injuries that resulted from the accident. Because client’s blood alcohol content was especially high, he would also be required to enter a 24Q evaluation and additionally accept a 90-day loss of license.
RESULT: No Jail Time for Serious OUI Charge with Injuries.

A&B Dismissed Pre-Arraignment, No Record

June 8, 2020
Assault and Battery
Client was a young student with no criminal record accused of assaulting and battering another person. The victim had injuries sufficient enough to require medical attention. The district attorney initially declined plan for diversion, but Attorney Barabino and client established a plan to advocate for judicial diversion by thoroughly presenting client's background and history to the court. In the end, the district attorney and the court accepted the plan. Client enrolled in anger management, saw a psychiatrist, went to therapy, and paid restitution in exchange for case being dismissed after a period of time. Because case was dismissed prior to arraignment, client will have no criminal record of the event impacting future education and/or employment opportunities.
RESULT: Case Dismissed Pre-Arraignment, No Criminal Record

No Sex Offender Registration

March 13, 2020
Sex Crimes
Client was a hard working scientist from Italy who was accused by police of inappropriately touching someone. Attorney Barabino met with client for an interview and wrote a lengthy background memorandum on his life. Client and Attorney Barabino went to court prepared and presented a range of facts, evidence, and arguments in support of client’s case. In the end, the court and district attorney agreed to continue the case without a finding. This means that the case will be dismissed as long as client adheres to probation conditions. In the end, no guilty conviction and no required sex offender registration.
RESULT: Case Dismissed After a Period of Time, No Guilty Conviction, No Sex Offender Registration

Domestic Violence Dismissal

March 12, 2020
Domestic Violence
Client is hardworking, married father in an otherwise healthy relationship with his wife. His wife is also hardworking and very pleasant. According to police, there was an occasion where the wife made an accusation that client struck her with a pillow. Wife called police, even though her intent was only to admonish him and not have him arrested. However, client was arrested and charged with a criminal offense. Couple soon after retained Attorney Barabino. Attorney Barabino gave them a detailed explanation of the criminal procedure involved and explained to them how every police department has its own arrest policy. Client and Attorney Barabino went to trial with expectation that case could be resolved then on marital privilege. On the day of trial this happened, and the case was ultimately dismissed.
RESULT: Case resolved with NO RECORD.

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