Recent Cases

One CHARGE DROPPED, Other CHARGE, Continued with no Conviction (CWOF)  

May 22nd 2019
Breaking and Entering in the Nighttime to Commit a Felony
Assault and Battery on person Disabled/Over 60
Client was a hardworking father who came from out-of-state to see a country concert at Gillette Stadium. He saw the concert and much more. He became intoxicated, very intoxicated and was rummaging through what he thought was his friend’s car only to find out that it was not. The owner of the vehicle confronted him, and a fight ensued and he, according to police struck the man several times. The man whose vehicle it was very angry (understandably). The victim was and continued to be upset as the nearly year-long case traveled through the court system. The district attorney had been having sought convictions for the entire year as the case proceeded though the court. Something we were unwilling to consider. The case was marked up for trial and the defendant and accuser and others negotiated with moments before the jury was to be selected. After a long discussion with the accuser, Attorney Barabino, client, client’s wife and the accuser shook hands and client apologized for what was a major mistake that should not have happened-but did. The accuser was gracious, respectful and decent. In the end, we negotiated a full-dismissal of the breaking and entering charge and an agreement for a deferred judgement for a year which if he accomplishes probation, the case will be dismissed from his record. The deferred judgment is technically called a continued without a finding or “CWOF” so that the person admits to the acts, but a judgment of guilty is withheld pending completion of probation requirement. The condition of probation was anger management and a three-thousand-dollar restitution payment.  
RESULT:  One CHARGE DROPPED, Other CHARGE, Continued with no Conviction (CWOF)  

First OFFENSE OUI

May 20th2019
FIRST OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)
Registration Suspended, Operation Chapter 90 Section 32 
Uninsured Motor Vehicle Chapter 90 Section 34J
Client, a was pleasant graduate student at a local college. Although studying local she was no from the area and sought to move away from Massachusetts in the fairly near future. As a result, she was eager to bring this case to a predictable resolution. According to police, the client tapped a car and then went into a liquor store and purchased nips. The customer service at the liquor stated she was already intoxicated when she arrived at the store. When police arrived she was consuming the nips she had just bought. The police stated she failed the field sobriety test and also admitted to drinking since early morning. She also blew the Breathalyzer machine, which although not admissible evidence came in at three times the legal limit. In the end, Attorney Barabino clients wanted a deal and no trial and he negotiated all the charges dismissed with the exception of the OUI charge, which if she completes probation is dismissed. She was also granted a travel permit to go as she pleases to out of state obligations. 
RESULT: ALL CHARGES DISMISSED, with Exception of OUI Charge, which will be DISMISSED, If client completes the standard OUI program. No other conditions of probation and can maintain travel permit to travel as desired.

All Charges DISMISSED

May 14th2019
Assault and Battery on a Household Member Chapter 265 Section 15B 
Abuse Prevention Order Chapter 209A

Assault with a Dangerous Weapon Chapter 265 Section 15B 
Client was a very pleasant hard-working alarm specialist. He was charged by police for violation of a restraining order, assault with a dangerous weapon and assault of a family member.   According to police, client was driving down the road when his swerved towards his ex-girlfriend and smiled at her Eventually, the case was marked for trial. We confidently expected to show that it did not occur and that this was simply a pattern of the ex-girlfriend’s harassment, deception and jealously toward client. In addition, Attorney Barabino, and client worked together bring in five separate reputation witnesses in furtherance of the defense of the case. In the end, the accuser did not show up for trial and the case was dismissed.
RESULT: All Charges DISMISSED.   

NOT-GUILTY of Assault and Battery on a Household Member.  

April 28th 2019
Assault and Battery on a Household Member Chapter 265 Section 15B 
Client was a hardworking truck driver that was  alleged to have assaulted and battered his ex-girlfriend. According to the ex-girlfriend he got enraged and smashed a coffee pot while they were on their boat. It was alleged that after he smashed the coffee pot, he grabbed the complainant and then held her on the upper chest resulting in her inability to move or strike back. This testimony was challenged by Attorney Barabino on cross-examination. And after the Commonwealth rested their case, Attorney Barabino called his client to the stand. The client was relentlessly and competently cross examined by the District Attorney.  In the end, the jury closely listened to all the admissible fact and rendered a verdict of Not-Guilty.
RESULT: NOT- GUILTY of Assault and Battery on a Household Member.  

OUI PLEA

April 22nd 2019
OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)
Speeding Chapter 89 Section 4(a) 
Client was a very pleasant professional within the hospitality business. According to police, client was speeding when they decided to pull her over. When they did pull her over, they smelled alcohol and began a series of sobriety test. According to police she failed the test and they noted a series of other alcohol related indicators of intoxication. She was arrested and charged with speeding, OUI and negligent operation of a motor vehicle. After a consultation and a decision with Attorney Barabino, client decided the fastest way to get the license back and move on with her life was a plea. Based on that desire, Attorney Barabino began consulting with the District Attorney and was able to negotiate the result below. Also, the case was brought forward in court at a date earlier than scheduled so the client could begin the process of moving forward as soon as possible. 
RESULT: Shortest Probation period by law shortestProbation period by law received on OUI, NOT RESPONSIBLE on the speeding ticket, Negligent Operation, DISMISSED.

5th AMENDMENT

April 17th2019
Assault and Battery on a Family Member Chapter 265 Section 13M
A wonderfully supportive mother of a young college student asked her son to clean his room.  Son felt that mother’s requests was unreasonable and began videotaping mother with his phone as he laid in bed. Mother got agitated and tried to grab the phone from son. Son called police and police arrested mother. Police charged MOTHER with assault and battery. They arrested mother despite the son admitting that he bit his mother. The Essex County district attorney sought cashbelieving that the community member who had lived and worked in the area for thirty years and had no criminal record would flee the jurisdiction. Attorney Barabino asked for a received personal recognizance with some conditions pending trial. A trial was sought as the district attorney refused to dismiss the charges. Ironically, it was the mother who woke up son and drove him to court for her trial. At trial, Attorney Barabino sought the young man be appointed a lawyer for a 5thamendment, despite the district attorney believing that one did not exist. The judge allowed attorney Barabino’s request and the victim asserted his 5thamendment right to self-incrimination. The judge dismissed the case. Case DISMISSED.   
RESULT: CHARGE DISMISSED AT TRIAL via 5thAMENDMENT Assertion.

PRE-TRIAL Probation Allowed, One Year, Retains Presumption of Innocence

April 4th2019
Drug, Possession to Distribute Class D, Chapter 94C Section 32A (a)   
Client was a young father to be who was charged with distribution of marijuana. According to police, he has been selling marijuana and was about to sell to someone. That moment, police responded performed what the court determined to be a legal stop of the motor vehicle that defendant was driving. The police recovered the drugs and the paraphernalia. During the period of time the case proceeded through court, Attorney Barabino drafted a three-page disposition memorandum of the defendant. The district attorney listened intently to all the issues and the facts. And after a long period of time, they agreed that if the defendant performed certain task such as drug screens, community service remain employed that they would agree to pre-trial probation. Pre-trial probation means that the defendant does not admit any wrongdoing and the case is eventually dismissed. In the end, the hard working and professional district attorney agreed to simply dismiss the charges. All charges dismissed. PRE-TRIAL Probation Allowed, One Year, Retains Presumption of Innocence. No Admission of Guilt.
RESULT: PRE-TRIAL Probation Allowed, One Year, Retains Presumption of Innocence

 Operating Under the Influence, NOT GUILTY

April 3rd2019
OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
Refusal to Obey a Police Officer Chapter 90 Section 25
According to police, client was causing a disturbance at a tow-yard. They arrived and began asking him some questions as he sat in his stationary, but, running vehicle.  They smelt the strong odor of alcohol coming from his breath. Client was inattentive and non-responsive to the officers demands and questions. When the defendant stood, he swayed slightly. The police placed the Defendant under arrest operating under the influence of alcohol and refusing to identify himself. At the booking procedure he passively resisted almost all commands and at one point had to be carried to the jail cell. In the end, he was charged with OUI and refusing to identify himself. He was acquitted after a trial of OUI and ordered to pay one hundred dollars for refusing to identify himself.
RESULT:  Operating Under the Influence,NOT GUILTY. Fine of $100.00 for the Refusing to Identify.

Shortest Probation period by law received on OUI, NOT RESPONSIBLE on the speeding ticket, Negligent Operation, DISMISSED.

March 28th 2019
OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)
Speeding Chapter 89 Section 4(a)
According to police, client was driving on the highway at a high speed when he came in contact with another vehicle. Both car spun out and the cars were totaled. The State Police arrived they reported that the defendant had all the symptoms and characteristics of intoxicated driver and detailed them in his report. After the failed sobriety test the defendant was charged with the above charges. A balanced decision with attorney Barabino and client was made to take a plea as long as we could get everything we wanted. That goal was met.  
RESULT: Shortest Probation period by law received on OUI, NOT RESPONSIBLE on the speeding ticket, Negligent Operation, DISMISSED.

BOMB THREAT: Application for Complaint, NEVER FILED, CASE TO BE DISMISSED with DIVERSION.

March 27th2019
False Bomb Threat Chapter 269 Section 14
According to the police report, client/student was surfing the internet when she impulsively indicated she would act in a violent way toward a school via Instagram. The evidence against the defendant was strong and well-documented. The threat was direct and obvious—but the actual intent was lacking. An apparent act of immaturity and bad judgement that could affect her for the rest of her life, if formally charged and certainly if convicted. Fortunately, Attorney Barabino and the family worked with the District Attorney’s office to enter a diversionary program which would divert her from ever entering the criminal justice system.  No record and no evidence of the felony accusation. With an agreement was drafted which included an apology, therapy and additional conditions.
RESULTApplication for Complaint, NEVER FILED, CASE TO BE DISMISSED with DIVERSION.

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