Assault and Battery (Felony)
Client was a very pleasant highly accomplished young college student at a prestigious university in the Boston area. He was accused by police of beating, with another student, a fellow student. Fortunately, the out of state parent contacted Attorney Barabino early and he was able to quickly acclimate to the issues. The police were adamant that the hearing move forward and charges be issued. Despite the aggressive posture, Attorney Barabino was able to obtain a continuance to further examine the matter and advocate for his client. After a continuance was obtained, he began to assemble and examine statements and identified grave errors in the initial charging documents. He took that information to the leadership of the university and eventually met with counsel for the school—all prior to the magistrate hearing. Today, Attorney Barabino provides notification to his client from the school that the charges have been withdrawn.
RESULT: Charges WITHDRAWN prior to MAGISTRATE HEARING.
Application for Restraining Order
Client was a pleasant young hard-working guy who was in a relationship with a woman at the workplace. The engaged in various sexual banter via text message and in person. They continued this relationship despite concerns from their employer. Admittingly, there were regretful and inappropriate things sent via text. Things that could be inferred as threatening, but in the end, the judge ruled that the standard of law had not been met and the order was vacated.
RESULT: Restraining Order VACATED.
June 27 th 2019
Driving on a Suspended License
Failure to Keep Right Citation
Client was was a very pleasant retired teacher who had had an imminent threat destination on her license. Which meant she was supposed to cease immediately until it was reinstated by the registry. About a week after the suspension went into effect, she was involved in another separate accident and her license had not been reinstated. At the clerks hearing the case was able to be dismissed in the entirety, including the civil violation that accompanied the criminal license suspended charge.
RESULT: DISMISSED at CLERK MAGISTRATE HEARING.
June 4th. 2019
Restraining Order Application
A very pleasant hard-working father and full-time truck driver had been charged last year with assault and battery. That charge resulted in an acquittal after a jury trial several weeks ago (see April 29th 2019 recent case). However, despite the acquittal of the charges, there remained an active restraining order. And the person was living in his home. Today, Attorney Barabino and client appeared in court prepared to vigorously argue that the restraining order be terminated. Attorney Barabino had prepared a motion with a memorandum and affidavits. There were nearly fifty pages of attachments. After handing the documentation to other side, the responded that they simply won’t try to oppose the order and will let it terminate immediately—and it did.
RESULT: Restraining Order TERMINATED.
May 28th 2019
Operating under the Influence of Alcohol
Client was a very pleasant hard-working dad who was charged with operating under the influence of alcohol. According to Police, client was speeding when he collided another speeding vehicle. Although the damage was minor, police came and began asking questions. Client admitted drinking three beers and naturally smelled like alcohol, which the police noted. The police testified his eyes were also bloodshot and very glassy. And that he was unsteady on his feet and was swaying slightly. At trial, Attorney Barabino cross-examined the officer and then put on the defendant’s friend who he had been with just prior to the arrest. An attentive jury took their time, asked questions and finally unanimously returned a verdict of NOT GUILTY. Attorney Barabino requested the court endorse a motion to reinstate the license which was allowed.
RESULT: Jury Verdict of NOT GUILTY, Motion to Reinstate License ALLOWED.
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)
May 20th 2019
FIRST OFFENSE OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Registration Suspended, Operation
Uninsured Motor Vehicle
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.
May 14th 2019
Assault and Battery on a Household Member
Abuse Prevention Order
Assault with a Dangerous Weapon
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.
April 28th 2019
Assault and Battery on a Household Member
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.
April 22nd 2019
OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
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.