Recent Cases

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 physical 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.

 

Harassment Order, DOES NOT ISSUE. Case CLOSED.

July 9th 2018
Cambridge Juvenile Court
Harassment Prevention Order Chapter 258E
Client was an otherwise responsible, courteous and respectful young man who was alleged to made lewd comments via social media to long-time friend. The long-time friend did not want him to contact her but he persisted. On the day of the hearing, all the parties were able to talk and discuss the serious nature and concerning acts and wrote up an agreement PRIOR to the hearing that the young man will not contact her under any conditions. That agreement was satisfactory to the court and the woman who took out the order and the case was dismissed, prior to any hearing taking place. CASE CLOSED. No Harassment Order Issues. RESULT: Harassment Order, DOES NOT ISSUE. Case CLOSED.

Motion to TERMINATE Probation Early, ALLOWED.

June 28th 20118
Cambridge District Court
Probation Violation/Surrender Chapter 279 Section 3
Client had previously admitted to a Continuation without a Finding (CWOF) and placed on probation for a year. After performing his obligations as agreed Attorney Barabino filed a motion to terminate his probation, earlier than scheduled.  At the day of his hearing, the judge endorsed the request and he was discharged early from probation. Case DISMISSED.
RESULT: Motion to TERMINATE Probation Early, ALLOWED.

RESULT:  Subsequent Offense, REDUCED

June 27th 2018
Malden District Court
License Suspended, Operation Motor Vehicle,Subsequent Offense Chapter 90 Section 23E
Client was a hardworking father who was in a traffic accident. Upon police inquiry, they determined that his license was suspended. In fact, he had been convicted of the offense before. As a result, the police officer properly charged client with driving on a suspended license, Subsequent Offense.After several hearing and courts dates, a trial was scheduled and at the trial date Attorney Barabino was able to obtain an agreement with the District Attorney to REDUCE the Subsequent Offender portion of the charge and make a deal for short probation, no conditions of the lesser included offense only.
RESULT:  Subsequent Offense, REDUCED, Short Probation, No Conditions

RESULT: 24D Disposition, Case Dismissed in one year, NOT RESPONSIBLE Civil Infraction, No Additional Program Ordered.

June 19th 2018
Somerville District Court
1st OFFENSE OUI - Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Improper Stopping Chapter 89 Section 4(a)
Young professional drank more than he was used to drinking and made the mistake of driving. He was charged with driving under the influence and a civil violation of improper stopping. According to Police he struck a car slightly and had vomited on his car door. Aside from the vomit his admission to drinking and his inability perform major acts of coordination resulted in a decision to plea the case. As a result, Attorney Barabino negotiated in person with the District Attorney whereas they would agree to a continued with a finding otherwise known as a "CWOF". A second negotiation session resulted in an agreement for a not responsible finding on the civil charge. On the day of a plea, the only disagreement between Attorney Barabino and the Commonwealth was a brains-at-risk program which they sought, but the judge agreed with Attorney Barabino and the client did not have to attend the additional Program.   
RESULT: 24D Disposition, Case Dismissed in one year, NOT RESPONSIBLE Civil Infraction, No Additional Program Ordered.

CHARGE REDUCED FROM FELONY, LIMITED PROBATION Conditions.

May 31st 2018
Malden District Court
Assault and Battery with a Dangerous Weapon Chapter 265 Section 13M(a)
Hard working union member had an unexpected argument and exchange with a woman who he had never met prior. The argument escalated and words were exchanged. She then made an accusation that he burnt her leg with his lit cigarette which was flicked, admittingly in her direction. She went to the police and showed them where she said a burn mark existed that she said resulted. Despite a great difference of opinion of the accusers account, including the accusation of cigarette burn, he opted for a more predictable result with a plea deal.  This plea deal included no anger management or drug screens and an agreed upon reduction from the felony change of a "dangerous weapon" to the misdemeanor charge of assault and battery.   
RESULT: CHARGE REDUCED FROM FELONY, LIMITED PROBATION Conditions.

Negligent Operation/Leaving the Scene/Dismissed

May 15th2018
Malden District Court
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)
Client was a young man was out partying with his two friends when they got in a car accident. Three young men all together. After the accident, there were fingers pointed at different directions as to who was the driver, or “operator” in legal terms. However, in the end, after police arrested the person who was not driving, the other two young men stepped forward and under oath stated that the defendant was not the driver. Despite those assertions, the case was required to process though the various court hearings, with a trial date set. On the day of trial, the District Attorney, in their good judgement simply dismissed the case as there would be insufficient evidence to move forward any longer and a dismissal was entered on both charges.  Case Dismissed.
RESULT: BOTH CHARGES, DISMISSED.

FELONY DISMISSAL-- Assault and Battery with a D/W ( Dangerous Weapon)

April 24th2018
Woburn Superior Court
Assault and Battery with a Dangerous Weapon Chapter 265 Section 15A(b)
A young adolescent was being bullied and simply didn’t want to be bullied any longer.  Finally, client decided to fight the bully and he won the fight. However, the bully went and called police an investigation followed. According to police, client had hit him multiple times resulting in a concussion and other small injuries. However, the medical documentation that the district attorney sought was not available to them and co-defendants that had also been involved in the fight were not able to provide evidence. In the end, Attorney Barabino and client sought and received a jury trial date and when the person who made the complaint, failed to appear as a witness at the trial date, the case was forced to be dismissed. Felony Case Dismissed.  
RESULT: Dangerous Weapon Assault and Battery DISMISSED. 

Assault and Battery Over 60-DISMISSED

March 15th 2018 
Salem District Court 
Assault and Battery OVER 60/Disabled Chapter 265 Section 13K 
Client was respected professional when a family member struck her. In response to her being struck-- she defended herself which led to her being charged and not the other party. The confidence of success was high as client and Attorney Barabino prepared for trial. However, it was clear that much was to be lost if convicted. Client would certainly lose her prosperous employment, and the possibly of jail and living life as a convicted felon. At the day of trial, the Commonwealth was unable to proceed as a necessary witness was unavailable and Attorney Barabino requested that the court DISMISS the charges and a DISMISSAL was entered. 
RESULT: Case DISMISSED at Day of Trial.

Newburyport District Court-- GENERAL CONTINUANCE Disposition

February 21st 2018
Newburyport District Court
Disorderly Conduct Chapter 272 Section 53

Assault on a Household Member Chapter 265 Section 15B 
Client was a hard working cement contractor who was arrested for giving his son a bloody lip ( at the police station). Client’s son was arrested for operating under the influence of drugs and client went to police station to bail him out. When son got aggressive with father in the police station parking lot, father popped him giving him a bloody lip. Father was arrested and charged with assault and battery and disorderly conduct. Eventually, a trial was scheduled and set and moments before the trial was about to begin a deal was struck which the Defendant would receive a general continuance for six months on the assault and battery charge. A general continuance means the Prosecution halts the case for a period of time, in this case, six months and at the conclusion of that time period the case is dismissed. The defendant maintains the presumption of innocence and admits to nothing. The disorderly conduct charge was continued without a finding for three-month’s time. 
RESULT: ASSAULT AND BATTERY   Generally Continued for six months and Disorderly Conduct charge 90 Day Probation and that charge will be DISMISSED.

sidebar_in_the_news

Contact Us

Fill out our online form