Recent Cases

Class B Drug Possession, Civil Offenses, CASE DISMISSED/NOT RESPONSIBLE

September 18th 2018
Woburn District Court
Class B Drug Possession, Chapter 94C, Section 34
Child 8-12 Or Over  57 Inches Without Seat Belt, Chapter 90, Section 7AA
Child Under 8 Years And Under 58 Inches Without Carseat, Chapter 90, Section 7AA

Client, a young mother of four, was driving when her vehicle was stopped by police for suspicious activity. Police investigated vehicle and searched her person, ultimately finding contraband. Part of the contraband included one Percocet pill, without a valid prescription. Client was ultimately charged with Class B Drug Possession and two minor civil offenses. While the Commonwealth gave reasonable alternatives to avoid trial, Attorney Barabino and Client decided it would be in the best interest of Client to proceed with a jury trial instead. At trial, the state chemist was unavailable, so the case was consequently dismissed. Civil charges found "not responsible". 

RESULT: Civil Charges, NOT RESPONSIBLE, CASE DISMISSED at Jury Trial  

Two Counts of Indecent Assault and Battery, NOT GUILTY

September 13th 2018
Boston Municipal Court     
Indecent Assault & Battery Under 14 Chapter 265 Section 13B
Indecent Assault & Battery Under 14 Chapter 265 Section 13B

Client was long-time senior government manager for the Commonwealth of Massachusetts. Highly publicized accusations cost him nearly everything, with even the Governor of Massachusetts making his position on case known to the media. This was the second round of accusations against client of these charges. After three days of trial, 14 witnesses, exhibits, computer evidence, testimony, and the defendant taking the stand in his defense, client received a verdict of "not guilty" on both counts.     

RESULT: Both Counts, NOT GUILTY.

Operating Under the Influence of Drugs, Class E Drug Possession, Class B Drug Possession, MOTION TO SUPPRESS ALLOWED, ALL CHARGES DISMISSED

September 7th 2018
Salem District Court
Operating Under the Influence of Drugs, Chapter 90B, Section 8
Possession of Class E Drugs, Chapter 94C, Section 32D
Possession of Class B Drugs, Chapter 94C, Section 32A

Client, a truck driver by profession and a father of two, was charged with the above three drug-related criminal offenses. According to police and several witnesses, client was found in a parking lot one evening clearly under the influence of some unknown drug. Attorney Barabino litigated the case for over a year, gathering five expert witnesses and compiling medical records, video tapes, and other scientific evidence to aid client's defense. Attorney Barabino was also able to successfully challenge several statements made against client as well as a urine analysis taken by police upon client's arrest. In the end, the Commonwealth admitted to having insufficient evidence continue with its prosecution. All charges were subsequently dismissed. 

RESULT: MOTION TO SUPPRESS, ALLOWED, ALL CHARGES DISMISSED 

Larceny Under $1200, NO CHARGES FILED

September 6th 2018
Cambridge Juvenile Court  
Larceny Under $1200, Chapter 266, Section 30

Client, a pleasant young man from a good family, was charged with larceny when he was caught taking money over a period of time from his cash register at the supermarket he worked at. Unfortunately for the Defense, the evidence was strong that he in fact committed the alleged crime. Fortunately, thanks to the negotiation skills of Attorney Barabino and the cooperation of client, an agreement was reached with the Commonwealth that no charges would be filed, upon restitution of the stolen funds and a letter of apology from client. 

RESULT: NO CHARGES FILED, upon restitution and apology  

License Suspension Subsequent Offense, CASE DISMISSED

September 5th 2018
Salem District Court
License Suspension, Subsequent Offense, Chapter 169A, Section 8 

Client, a father of three, was charged with operating a motor vehicle on a suspended license, a subsequent offense. Client alleged that he did not know he was operating on a suspended license when he was arrested by police. While the Registry of Motor Vehicles claimed it sent client formal notice of the suspension, client stated that he did not receive such notice. The case went to trial. At trial the Commonwealth conceded that it could not prove the subsequent offense portion of the crime charged against Defendant. In the end, the case was dismissed upon payment by Defendant of $500.  

RESULT: CASE DISMISSED, upon payment of $500

Negligent Operation, Speeding, Marked Lanes Violation, Failure to Stop, NO PROBABLE CAUSE FOR CRIMINAL VIOLATIONS

August 30th 2018
Woburn District Court
Negligent Operation of a Motor Vehicle, Chapter 90, Section 14
Speeding, Chapter 90, Section 17A
Marked Lanes Violation, Chapter 89, Section 4A
Failure to Stop, Chapter 90B, Section 38

Client, a bank professional with no prior criminal record, was charged with the above criminal offenses. According to police, he was driving at speeds well over 100 miles per hour and failed to stop his vehicle when officers insisted that he do so. Attorney Barabino was hired, and at a Clerk Magistrate's hearing, Defendant himself testified and provided evidence to mitigate the circumstances of the incident in question. Defendant testified as to his clean criminal record, his clean Registry of Motor Vehicles (RMV) record, and his genuine remorse over what happened. As a result, no probable cause was found for the criminal violations and Defendant agreed to pay $400. 

RESULT: NO PROBABLE CAUSE FOR CRIMINAL VIOLATIONS, Defendant pays $400. 

Assault and Battery with a Dangerous Weapon, Malicious Destruction of Property, NO APPLICATION FOR COMPLAINT TO ISSUE

August 29th 2018
Somerville District Court
Assault and Battery with a Dangerous Weapon, Chapter 265, Section 15A
Malicious Destruction of Property, Chapter 266, Section 127 

Client was a respected business owner who, according to police, threw an object at a car causing permanent damage to the vehicle. After the incident, words were exchanged between client and accuser (owner of the vehicle). When police arrived, accuser cooperated with their investigation into the matter, and Defendant was subsequently charged with two felony counts of Assault and Battery with a Dangerous Weapon and Malicious Destruction of Property. Attorney Barabino was hired by client and gathered witnesses, photos, and others items and exhibits to offer an alternative explanation as to what happened for the Clerk's consideration. In the end, an agreement was reached by all parties involved that client would pay the amount of damage caused to the car in exchange for a resolution of the case. 

RESULT: NO APPLICATION FOR COMPLAINT TO ISSUE

Assault, CONDITIONAL CASE DISMISSAL

August 23rd 2018
Waltham District Court
Assault Chapter 265 Section 13M(a) 

Client was a hard-working father, husband and employee. Objectively significant obstacles resulting in him disciplining his insubordinate daughter resulted in criminal charges of abuse. Shortly after the charge, Immigration and Naturalization took him into custody. His lawyer for his immigration case was able to secure his release from custody. Attorney Barabino worked with all involved, including the Department of Social Services and the District Attorney. In the end, the case will be dismissed with Pre-Trial Probation, which is not probation at all. As long as he stays out of trouble for nine months, this case will be dismissed with no admission of guilt. Client maintains the presumption of innocence and his clean record. 

RESULT: CONDITIONAL CASE DISMISSAL

Application for Complaint, DOES NOT ISSUE.

August 2nd 2018
Brookline District Court
Assault Chapter 265 Section 13M(a) 

Client was working his second job as a manager for a restaurant when a patron made repeated complaints. After trying to resolve the situation to the patron's satisfaction, the man (a lawyer), said he would tell his Twitter followers and began taking pictures. After being asked to leave, the patron complied and was escorted out by client. However, when patron was just about to leave, he turned back around and bumped into client and patron. Police were immediately called. The patron declared that he would sue, and he was given a settlement by the owner of the restaurant to avoid the cost of litigation. In the end, Attorney Barabino came to the hearing with videotape, statements, witnesses and other exhibits. After a hearing, the complaint did not issue. It will remain open for six months, assuming no other concerns.

RESULT:  Application for Complaint, DOES NOT ISSUE.

Animal Cruelty, DISMISSED

July 17th 2018
Salem District Court
Animal Cruelty Chapter 272 Section 77
Threats to Commit a Crime Chapter 275 Section 2 
Assault and Battery Chapter 265 Section 13A   
Assault and Battery Chapter 265 Section 13A  

Client was a young man who suffered from serious long-term mental health challenges. He admittingly committed an act of animal cruelty on his girlfriend's pet. In addition, he physically struck two people and made a threat of physical harm. Attorney Barabino got client released from a custodial prison request from the Commonwealth. Client was released to a mental health hospital. After months and months of care and treatment, Attorney Barabino and a number of support staff had an evaluation conducted with a goal to prove that client was not guilty by reason of insanity. Once that expert conducted the evaluation, a trial date was set and on the trial date, no trial was held as the victims were not available. CASE DISMISSED 

RESULT: ALL CHARGES DISMISSED.

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