Recent Cases

NO Formal Charges for Assault and Battery Domestic

February 23rd 2021
Assault and Battery Domestic
Client was a wonderfully pleasant man married to an equally wonderfully pleasant wife. According to Police, client was having a nervous breakdown and was engaging in personally harmful behavior and also physical touching on his wife who was the victim in the matter. Client was seen and admitted to mental health hospital, eventually released and engaged in aftercare once released. Also, he stopped drinking and based on the documentary evidence and testimony of his wife, there was an agreement for the charge NOT to be issued. The police did a commendable job that was readily acknowledged by all involved as they showed professionalism and restraint.
RESULT: NO Formal Charges for Assault and Battery Domestic.

Immigration Status and Reputation Protected

February 19th 2021
Assault and Battery Domestic
Client was a very pleasant hardworking college professor. According to Police, in a brief moment of agitation and aggravation she lightly struck him twice in the face. Client was charged with Assault and Battery Domestic. This was embarrassing, upsetting and anxiety provoking in every way. There were a variety of collateral consequences to include, employment, immigration and the divorce. Nonetheless, through consistent and repeated advocacy Attorney Barabino was able to navigate a disposition that result in no admission of wrongdoing and an eventual dismissal. Client was pleased and certainly relieved and can resume her life as a respected professional.
RESULT: Immigration Status and Reputation Protected.

Straight warrant removed: Case Dismissed.

February 18th 2021
Assault and Battery
Default Removal
Client was a hardworking loving father who had been charged with Assault and Battery. According to Police, client got involved in an argument in the street with two others, apparently a push caused a fall and client removed himself from the situation. As he calmly walked away, police stopped him—took basic information from him and he believed that was the end of it. However, police sent him a summons and he coincidently left for his birth country before he received it. Ten years goes by and he seeks to once again return to United States to be amongst family and the like. However, he has both an open criminal charge and a warrant for his arrest. Both major obstacles for him and his situation. The warrant alone would result in his immediate arrest upon arrival in the United States and the open case could prove problematic for immigration purposes. Attorney Barabino was fortunate to be able to work with his supportive and caring daughter who was able to collect all the relevant information to make strong advocacy possible. Attorney Barabino brought the issue to an attentive District Attorney. Barabino provided the District Attorney with a detailed memorandum and history of the defendant, the background of the family and the event which caused the warrant. After the consultation, the case was brought froward and the default removed—which means no warrant. Now that the warrant was removed, the case was set up for a remote arraignment where the client would remain in Africa and be remotely brought in via zoom. However, in addition to the remote arraignment the district attorney placed the matter on for arraignment and trial track which included a summons for the accuser to appear. When no accuser appeared, the case was simply dismissed. No record. A lot of moving parts and a lot of people working together to get the right result.
RESULT: Straight Warrant Removed: Case Dismissed.

ACQUITTED OUI DRUGS

January 22nd 2021
OUI Drugs
Negligent Operation of a Motor Vehicle
Client was a pleasant aspiring firefighter and college graduate. According to police he was operating under the influence of drugs and operated him car negligently. Both accusations were true to a large degree. Client had gotten into a one-car accident. He was interviewed by police and admitted that he underestimated the oxycodone medication that he just took. That afternoon was the first time the client had taken the medication. The client was summoned and after several court dates and preparation of the Commonwealths expert, a trial was sought and held. The driving, although negligent did not exceed the threshold of beyond a reasonable doubt. After all the witnesses, medical documentation and expert testimony, it was concluded that the standard of beyond a reasonable doubt had not been met client was found NOT GUILTY of both charges.
RESULT: ACQUITTED Both CHARGES.

Public Teacher No Record of Criminal Offense

January 19, 2021
Negligent Operation
Marked Lanes Violation
Speeding to Endanger
Client was a young and accomplished athlete, educator, and stand-up comedian. One night, after consuming a small amount of alcohol, client got into to a car accident, which took place at 2 AM in a tunnel. State police responded and took him to the hospital. Fortunately, client was unhurt, but he was eventually summonsed to court. As a public school teacher, a criminal conviction could have been disastrous to his career. As such, Attorney Barabino and client presented to the court a large trove of evidence emphasizing his good background and history. Unfortunately, state police insisted on arraignment. On the day this was scheduled to take place, Attorney Barabino submitted a request for pre-trial diversion, which included an affidavit and a disposition memorandum. After discussions, the district attorney agreed to take no action and the arraignment consequently did not move forward. This was a big win because if a defendant is not arraigned no charges are put on their record. Today, the district attorney agrees that the client will not be arraigned and credit him for his driving course that he took and the case will never appear on his criminal record.
RESULT: Public Teacher No Record of Criminal Offense.

BRAVE ACT Result in DISMISSAL

January 18, 2021
A&B With a Dangerous Weapon
Reckless Operation of a Motor Vehicle
Marked Lanes Violation
Client was a hardworking and respected US Army veteran. One day while on the road, he came across an aggressive driver and apparently intentionally bumped into his car to try and stop the vehicle. As a result, client was charged with Assault and Battery with a Dangerous Weapon, Reckless Operation, and a Marked Lanes Violation. Recognizing that he had no record and that he was a veteran, Attorney Barabino knew client could qualify for the Brave Act. The Brave Act allows such veterans to have their criminal cases dismissed if they comply with certain requirements. Client complied with all requirements over a one-year period and all the charges against him were ultimately dismissed.
RESULT: Veteran Receives Justice with NO Record.

No Sex Offender Registration

January 7, 2021
Indecent Assault and Battery on a Person over 14
Indecent Assault and Battery on a Person over 14
Client was a very pleasant young father and husband. A recent immigrant, he was surprised when he was charged with crimes, serious ones. According to police, he was working at a coffee shop when he indecently assaulted a co-worker on two separate occasions. The police filed for a clerk magistrate hearing where Attorney Barabino argued that one of the two cases should be reduced to straight assault and battery. The magistrate agreed. Eventually, however, both cases were arraigned and the criminal process began. Attorney Barabino presented substantial information on the client to the District Attorney and enrolled the client in therapy. Attorney Barabino also summonsed in business records to prepare for his defense. Finally, a disposition was agreed to with the District Attorney where the client would retain the presumption of innocence and admit to no criminal wrongdoing and the case would be dismissed. The only requirement was that he enter a substance abuse program and stay away from the victim. The client will have no immigration consequences. No sex offender registration.
RESULT: No Sex Offender Registration, No Admission to Criminal Act

Identity Fraud Dismissed

December 7, 2020
Identity Fraud
Client was a very pleasant young mother and aspiring police officer. According to police, she is alleged to have opened credit card accounts in other people’s names. However, we knew this wasn’t true—in fact we knew it was the client’s sister who did it. In fact, the client’s sister gave a recorded statement to police. First, Attorney Barabino removed the defendant's default warrant. The court was accommodating and was able to quickly remove the default without client even appearing in court. Then, client and Attorney Barabino began to prepare for the arraignment. Attorney Barabino sent several legal briefs to the District Attorney. One such brief was a motion to dismiss, which was reviewed by the attentive District Attorney, who agreed that the case should be dismissed prior to arraignment. The only issue remaining was the evidence of the warrant on her otherwise spotless record which was expunged after weeks of effort with a remarkably attentive and consciousness probation chief.
RESULT: Motion to Dismiss Allowed Pre-Arraignment.

JUDICIAL DIVERSION SUCCESS

November 18th 2020
Assault with a Dangerous Weapon
Client was a very pleasant former U.S. Marine with no criminal record. According to Police, he went to his partners place of employment and confronted her soon to be ex-husband with a firearm. Client promptly reached out to Attorney Barabino prior to any arrest and Attorney Barabino filed a Motion to Preserve evidence for video at the crime scene. We filed the motion to preserve with a long memorandum and affidavit in support of the preservation. At the same time, client and Attorney Barabino began to prepare for his arraignment in court. In anticipating of the arraignment, Attorney Barabino and client reviewed all the options available to him. As someone who had no record, he was eligible for a judicial diversion program. This new program can be implemented either BEFORE arraignment or AFTER arraignment. If it is entered before and ultimately successful, that means that it will never appear on any legal document for the criminal record. In this case, Attorney Barabino and client worked toward writing a lengthy background memorandum, motion and affidavit as well as a motion and affidavit in support of a recommended program. On the day of arraignment, the District Attorney agreed to accept him into the program PRE-Arraignment and today that matter was dismissed and never entered on his record. A great success for a young family with a bright future. When the matter was called before the judge, the matter was dismissed, PRE-ARRAIGNMENT. Case Closed.
RESULT: Judicial Diversion SUCCESS.

Out-of State Client DISMISSED

October 21st 2020
Unlicensed Operation of a Motor Vehicle
Client was hard working out-of-state tech worker on an H-1 visa. He had come to Massachusetts in the past and was caught speeding and he had no license. He was cited for speeding and the criminal charge of unlicensed operation of a motor vehicle and he wanted it fixed as soon as possible, without coming to Massachusetts in person get the best deal possible. Attorney Barabino promised nothing but his best efforts. Client agreed and after a brief interview on the phone began the process of preparing for the arraignment. He began with a motion and affidavit to waive the defendant’s presence and allow him to appear on zoom-thus allowing him to not travel to Massachusetts. That motion was ALLOWED. Then Attorney Barabino provided information to the District Attorney in advance of the hearing requested the possibly that they may dismiss the matter PRIOR to the arraignment so that the arraignment will not appear on his criminal record—to which the hard-working District Attorney agreed to do. When the matter was called before the judge, the matter was dismissed, PRE-ARRAIGNMENT. Case Closed.
RESULT: Case DISMISSED, PRIOR to Arraignment.

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