Recent Cases

Warrant Default Removal and No Convictions or Conditions of Probation

May 14th 2021
Assault and Battery on a Police Officer
Possession of Class A
Possession of Class A
Client was a very pleasant and decent guy who beat the odds of opiate addiction. Client had a host of open cases from years ago when he was addicted to opiates. After a period of several years, he got clean, was in a stable relationship with a good job—but he also had warrants for his arrest. Client and Attorney Barabino got to work and after a long interview and interviews with family members drafted long affidavits of support of his good deeds. We also had him drug tested. In the end, armed with a substantial amount of supporting materials, we had the default removed in the initial case which was for drug possession. Those cases were given a (continued without a finding “CWOF”) designation which allows for the matter to be dismissed in the future. Also, client was given no conditions of probation and permission to go to the next court where he has warrants without going to jail. Now, today, we resolve the second matter, after reaching out the officer himself, the DA, and others, and arguing for the same disposition. So, despite his otherwise lengthy record, client will never spend any time in jail, no guilty convictions, and no probation conditions. Everything dismissed in 180 days if remains out of trouble. Client beat addiction head on and beat the odds.
RESULT: Warrant Default Removal and No Convictions or Conditions of Probation

NO Criminal Record for Driving without Insurance

May 3rd 2021
Clerk Magistrate Hearing
Operating a Motor Vehicle Uninsured
Speeding
Client was a very pleasant young man with no criminal history who was charged with operating a motor vehicle uninsured and the civil infraction of speeding. According to the Massachusetts State Police, client was observed speeding, upon which the trooper pulled him over for that civil infraction. After the motor vehicle stop the trooper realized that the client had no valid insurance and was in fact operating the vehicle without insurance---which is illegal. It is criminal. Attorney Barabino met with the family and after an interview and discussion began preparing the defense. After realizing that the lack of insurance was simply an oversight, we drafted affidavits of the client, and his mother. We also pulled the police report of the incident and his Mass. driving history. Together with that information provided to the court we waited for the magistrate hearing which was held today. At the hearing, the attentive Magistrate and State Trooper listened to all the facts and arguments and determined that the matter should NOT proceed, and the speeding ticket will be found NOT RESPONSIBLE.
RESULT: NO Criminal Record for Driving without Insurance

NO Admission of Wrongdoing

April 16th 2021
Domestic Assault and Battery
Violation of a Restraining Order
Client was a Professor who was charged with Assault and Battery on his wife and violation of a restraining order. According to Police, they received a call to the 911 call center. Upon arrival, they were told by a sobbing wife, the defendant grabbed her by the throat and pushed her away in an aggressive manner. The defendant was arrested and acknowledged the physical interaction with his wife. Based on the evidence collected by the Police department there was expected to be obstacles for success at any future trial. The wife applied for a restraining order after the allegations as well. Also, client violated that restraining order the first day resulting in a second charge. According to the wife, this had been a long-standing pattern of conduct. Moreover, the wife refused any reconciliation with the defendant and was adamant that he never to contact her. The District Attorney was insistent that a formal admission was necessary to resolve the matter. But after nearly a year of various court dates, supplemental court filings and volunteering for and accomplishing an anger management program, the District Attorney agreed to a Pre-Trial Probation (PTP) which halts the case where it currently stands before the court with no formal admission of wrongdoing. Here, they were willing to accept result so long as the engaged in additional conditions. But most importantly, the client cases is resolved with no admission of wrongdoing which will be essential for his career.
RESULT: NO Admission of Wrongdoing.

NO Immigration Consequences for Criminal Conduct

April 14th 2021
Felony False Statement in License Application
Client was super pleasant person. She was charged with False Statement in a License Application. The charge was serious. It was a felony, and a conviction would have lifetime consequences. The evidence against her was strong—particularly strong. In her case, she would also be deported-which was even more problematic since she had strong ties in the United States and was a new mother. Attorney Barabino went to work and as a result of that work, Attorney Barabino drafted a long background memorandum on the client. That memorandum combined with a long memorandum of law and petition for a newly enacted first-offender judicial diversion. At the initial hearing, the District Attorney opposed the petition. But after Attorney Barabino’s argument for the program, the Judge agreed with Attorney Barabino. After that intensive therapy program was instituted. And today, upon return to court, the judge DISMISSED the charge.
RESULT: NO Immigration Consequences for Criminal Conduct.

Felonies that Never Affect Immigration Status

April 13th 2021
Assault with a Dangerous Weapon
Assault and Battery over 60/Disabled
Threat to Commit Crime
Assault w/a Dangerous Weapon
Threat to Commit Crime
Assault with a Dangerous Weapon
Threat to Commit Crime
All around good person and responsible father was charged with a host of crimes. Client was a super patient and super hard-working father. According to his accusers and the police, he was drinking heavily and got into an argument with his fellow roommate(s). Words were exchanged and eventually those words became actions. The actual pattern of what occurred when and how gets a little foggy. But in the end, the police believed based on all the statements of the parties that the defendant was the instigator and should be charged as mentioned above. A long nearly year and half later Attorney Barabino and the Assistant District Attorney entered into an agreement for pre-trial probation which isn’t probation at all. Pre-trial probation is an agreement to halt the prosecution in exchange for the defendant accomplishing certain task. In this case a combined anger management and substance abuse evaluation the matter will be dismissed all while keeping the presumption of innocence.
RESULT: Felonies that Never Affect Immigration Status

Motion to DISMISS is ALLOWED, No Complaint ISSUES for Leaving the Scene.

April 8th 2021
Leaving the Scene of Property Damage
All around good person and responsible father was charged with leaving the scene of property damage. According to police, client had been driving a motor vehicle when it briefly collided with another parked vehicle. That other vehicle was able to obtain video identifying client as the driver. Client was summonsed into court and arraigned with the charge of leaving the scene of property damage. He retained Attorney Barabino after the arraignment, and they developed a plan to file a Motion to Dismiss of the charge based on a procedural challenge. A hearing was scheduled, and the motion was ALLOWED, by the court. Eventually, the court issued a show cause hearing at which time, Attorney Barabino advocated for client, at that hearing, the charges were DISMISSED in the entirety.
RESULT: Motion to DISMISS is ALLOWED, No Complaint ISSUES for Leaving the Scene.

IMMUNIZED Testimony

March 31st 2021
Federal Grand Jury
Client was an all-around great guy with no criminal history. Client was interviewed by federal agents without an attorney and as a result of that interview a summons to appear before a grand jury was sent to him. When he received the summons to appear Attorney Barabino and U.S. Attorney began the process of discussing the presentment and the background of the instance that required him to appear. After discussion an offer of immunity from prosecution was granted and the Grand Jury testimony was planned and executed. Client cannot be charged for any conduct that resulted in him being asked to appear.

RESULT: IMMUNIZED Testimony

No CARI/CORI ever for Felony Larceny

March 25th 2021
Larceny over $1200.00
Two very pleasant young brothers had a few drinks. According to Police, at some point after a few drinks, the decided to test out a police bicycle that was unsecured. One quick ride became another until they had absconded with the bicycles, very expensive bicycles. Upon committing the act, one brother was harnessed by the guilt of the felonious act went and admitted his misdeeds. The police interviewed that brother and collected all the evidence they needed to make convictions on both brothers. A clerk magistrate hearing was scheduled to determine if probable cause existed and if the case could be resolved. After significant pre-hearing discussion it was agreed that full restitution would bring the matter to an end without the parties having a court record. The matter results in no charges.
RESULT: No CARI/CORI ever.

Young Family Moves Forward with No Criminal Record.

March 11th 2021
Assault and Battery on a Pregnant Person
Domestic Assault and Battery
Client was super bright and pleasant father and husband. Both he and his wife are at the pinnacle of the academic elite. However, they had an incident where the police investigated and charged client. According to police, client had grabbed, or attempted to grab the phone from his pregnant wife-resulting in them wrestling to the ground. After nearly a year of court proceedings, everything being stable with the young family and agreement was struck with the prosecutor. The agreement was that wife would assert her marital privilege and if accepted by the court, dismiss the charges. Today, wife did successfully assert her privilege and the charges were dismissed.
RESULT: Young Family Moves Forward with No Criminal Record.

Young College Graduate Maintains NO Criminal Record

March 10th 2021
Indecent Exposure
Clerk Magistrate Hearing
Client was a young college graduate with no criminal record. A criminal record of any kind would likely have some impact on his future. A criminal record of a sex related charge would likely have the greatest impact. Here, he was alleged to had committed a criminal (sex related) charge of indecent exposure. According to the Police report, client had been out with friends in Boston and drank some alcohol. Then he attended a Bruins game and drank more alcohol. Then after he drank more alcohol, he decided to drink a little more. In the end, there appeared to be a dispute with a bouncer over his intoxication level which resulted in his displaying his genitals. Then he left the bar and displayed those same genitals to the male patrons inside the bar from the sidewalk. Shortly after, a patron from the bar came out and punched client in the face, which resulted in client no longer exposing his genitals. In the end, a summons for a magistrate hearing was scheduled. Attorney Barabino had client attend several AA groups and memorialized that attendance via affidavit. In addition, he drafted and submitted a long memorandum of the clients otherwise lawful reputation and history. The complaint does not issue.
RESULT: Young College Graduate Maintain NO Criminal Record.