Recent Cases

Felony Diversion Successful

September 14th 2021
Obtaining Drug by Fraud
Client was a super pleasant young man. A combination of factors led his down the path to take a moderate amount of a prescription drug at his employment. He knew it was wrong and in the chaos of life didn’t recognize how wrong it was. The employer called police, client made a heartfelt admission. Although, he resigned from his job, he had to deal with felony charges. Attorney Barabino and client began an in-depth interview and preparation. Attorney Barabino prepared a long memorandum on pre-trial diversion, complete with a significant background memorandum and affidavits. Prior, to the arraignment, and agreement was struck where client would enter therapy and drug testing and the client, if successful, would NEVER have the charges issued. The difference here is that the case was dismissed, prior to arraignment so no employment or agency will ever know what occurred.
RESULT: Felony Diversion Successful

60 Days Case DISMISSED

September 1st 2021
Malicious Destruction of Property under $1200
Client was a very pleasant student and musician. According to Police, client was being difficult while drinking at a bar in Boston and asked to leave. According to the report, client had broken a planter while being escorted from the premises. Client had been drinking in excess. Client very self-aware that he struggles with excessive drinking and the challenges. In the end, client wanted to fix the problem and do so as successfully as possibly. Attorney Barabino was able to negotiate the District Attorney to stop the prosecution in its entirety. This agreement was contingent on Attorney Barabino providing evidence of 5 AA classes for client and restitution paid for the broken planter. As a result, case will be permanently dismissed in 60 days with no record or admission of wrongdoing.

Great Couple Moves Forward Without Record

August 26th 2021
Assault and Battery on a Household Member
Client was a very pleasant and accomplished software engineer. According to Police he struck his partner during a domestic dispute at the home. There was reported to be a significant injury enough to require stitches for the complainant. Since the couple both wanted to resolve it without the prosecution, we were able to present this matter to the District Attorney that should be given more latitude and discretion. Attorney Barabino developed a significant life memorandum on the Defendant and presented them that will a variety of options. In the end, despite the serious injury, the District Attorney agreed to stop the prosecution for a year, if client attended therapy and attending online anger management. No Record or Admission of Guilt to Enter on Clients Record.
RESULT: Great Couple Moves Forward Without Record

NO Criminal Charge for College Student

August 25th 2021
Minor in Possession of Alcohol
Client was a very pleasant and very accomplished young man. According to police, he was one of a group of underage people in a car driving late at night with alcohol in the motor vehicle. The people in the vehicle that were charged with being minors in possession of alcohol. In Massachusetts, is a criminal offense to be in possession of alcohol. This particular charge and the circumstances gave us confidence that this would be resolved at the clerk magistrate hearing. This is important because if it is—it never appears on the person’s record. And we always want to prevent anything from being on anyone’s record. Period. So, Attorney Barabino and client and client’s family prepared by obtaining the police report and developing a background memorandum on the client and reviewing the steps and processes to a smooth successful hearing. Today, client appeared, and the clerk agreed as did the police officer that the case WILL NOT move to arraignment and then not be on his record.
RESULT: Magistrate DOES NOT GO FORWARD to Arraignment.

A & B Domestic DISMISSED

August 24th 2021
Assault and Battery on a Household Member
Client was a very pleasant medical professional with no prior criminal record. According to police, client became enraged with his fiancé. When client got angry he struck her in the face. The fiancé then went to the police station and explained what occurred and that this had occurred before. The police did the proper investigation and took pictures of the accuser’s face. Attorney Barabino and client developed and prepared the case. As the case moved through court, an agreement was made to have a bench trial, without giving up any rights to a full jury trial. Once that agreement was made the court allowed a date for a trial. At trial the complainant did not appear and the case was dismissed. No Probation, no conditions, no criminal record. Simply Dismissed.

DISMISSED Prior to Arraignment at Magistrate Hearing

August 20th 2021
Vandalize Property
Client was a very pleasant upstanding professional and no criminal record. She was involved in a dispute in a parking lot and in frustration made a mark in the car of another. That action constitutes vandalism and is a criminal offense. Here, the fortunate client was granted a clerk magistrate hearing which can allow for some charges to be resolved before the person is formally charged. This is a great thing since it ensures that there is truly no record if the case is managed successfully in that hearing. In this case, we worked with the insurance company paying the full amount and obtaining verification. We also provided affidavits of the insurance payment. In addition, we wrote a three page summary of the background of the defendant which demonstrated the full scope of the event within the context of her day to day struggles. In the end, the clerk and officer, and person who car was damaged all agreed to let this matter to be dismissed and closed.
RESULT: DISMISSED Prior to Arraignment at Magistrate Hearing

Larceny and Disturbing Peace DISMISSED; remaining charges DISMISSED upon completion of probationary term

August 17th 2021
Assault and Battery
Larceny over $1200
Destruction of Property over $1200
Disturbing the Peace
Client was a very pleasant upstanding professional. No criminal record and her only history was one of decency and responsibility. However, a convergence of life events left her in an agitated state where she did things that are simply outside her otherwise responsible self. According to police, on one occasion she got angry at her husband who went to his ex-wife home and she took some tools from his truck, did some physical damage to the vehicle caused a disturbance in the neighborhood by her actions. Then weeks later she called police on her husband, and he was arrested and a few hours after his arrest she was arrested for assaulting her adult son. The district Attorney wanted to put her in mandatory jail for getting arrested while out on bail. That request was denied, and she was never placed in custody. The case concluded with a plea agreement for a continuation without a finding which mean that the cases will all be dismissed after one year. She must abstain from alcohol with testing for 6 months as well. Lastly, she must continue with the therapy. A rough patch for this otherwise decent classy and kind family.
RESULT: Larceny and Disturbing Peace DISMISSED; remaining charges DISMISSED upon completion of probationary term.

Harassment Order DISMISSED

July 20th 2021
Harassment Order
Client(s) were a very pleasant family who had ongoing difficulties with a neighbor. That neighbor filed a harassment order against both the husband and wife. They retained Attorney Barabino began preparation for the hearing which was scheduled within days-per statute. After a detailed interview and document review, Attorney Barabino sought to file a cross-petition of harassment against the other party. That involved drafting two nearly 5-page affidavits alleging harassment against the other party. In addition, client prepared for the hearing by reviewing testimony and securing witnesses. At the day of the hearing, the Attorney Barabino and the other sides attorney continued to talk, discuss, and negotiate. Within minutes of the hearing beginning an agreement was made for both parties to dismiss their claims.
RESULT: Harassment Order DISMISSED

RESULT: Both Charges ACQUITTED After Trial

July 15th 2021
Operating Under the Influence 1st Offense
Negligent Operation of a Motor Vehicle
Client was a super pleasant and patient person from a great family. According to Police, he ran a red light, had thick tongued speech, red glassy eyes and smelled of alcohol. Additionally, he failed the sobriety test and didn’t conform to specific instructions. He was arrested and charged with OUI and Negligent Operation. Eventually, he and Attorney Barabino decided on a trial. They prepared spending time at the arrest scene and interviewing witnesses. Eventually, the trial date was set. However, due to a number of variables, the trial was continued nearly four times. Client stayed positive and patient. Eventually, the trial was held and a verdict of both charges of Not Guilty ended this upsetting chapter in his otherwise law-abiding life.
RESULT: Both Charges ACQUITTED After Trial

Leaving the Scene never Appear on Any Criminal Record

June 16th 2021
Leaving the Scene of Property Damage (2 Counts)
Client was a very pleasant young man who was on his way to a profession as a firefighter. However, he had one legitimate concern which was this case. Here, he drove into two separate vehicles damaging them both, significantly and left the scene. That action is a criminal offense of leaving the scene of property damage. In this case, two counts, since he struck two separate vehicles. Client consulted with Attorney Barabino months before being retained and was explained the importance of sending in the notice of hearing to the court within four days. That action would give him a magistrate hearing, which is often called a probable cause hearing or show cause hearing. The client did that and eventually was granted the show cause hearing. The importance of obtaining the show cause hearing can never be understated since if successful, the matter will never appear on a criminal record and employers and other interested parties will never have knowledge of the past behavior. Here, we prepared for the hearing in hopes that the case would not go forward at the hearing. We coordinated with the insurance companies, obtained the police reports, developed a map of the limited travel of the defendant that evening, and drafted a legal memorandum on the how someone can only be charged with one leaving the scene, not multiple counts. The Clerk Magistrate listening to all the parties, and after an extended hearing, agreed to NOT go forward with the charges, as long as everyone was paid back in full.
RESULT: Leaving the Scene never Appear on Any Criminal Record