Recent Cases

2nd OFFENSE OUI = 1st OFFENSE

November 9th 2018
Malden District Court

SECOND OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)  
Speeding, Chapter 90, Section 17A

Client was a hard-working, newly married construction professional who was charged with a 2nd Offense OUI. According to Police, he was speeding and pulled over. The police drafted a report with all the normal indicators of intoxication. Also, client agreed to a breath test which was twice the legal limit. The client wanted a deal and wanted to move on with his life which included a hardship license to drive. At a plea hearing, the Commonwealth asked the judge to impose a guilty conviction with a suspended jail sentence and have him attend a government two-week IMPATIENTprogram. Attorney Barabino argued for an alternative disposition where client would be 1) placed on probation with an expectation that the case be dismissed after a year with normal conditions and cost of a 1st Offense OUI charge, a 45-day loss of license not one year, and NO Impatient program.  The judge agreed with Attorney Barabino.

RESULT: 2nd OFFENSE OUI, 1st OFFENSE RESULT, Speeding Ticket, NOT RESPONSIBLE.

1st OFFENDERS Disposition, NOT RESPONSIBLE Both Civil Infractions.

November 8th 2018
Concord District Court

FIRST OFFENSE OUR- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Marked Lanes Violation, Chapter 89, Section 4A
Mobile Phone, Operator Use Improperly Chapter 90 Section 13

Client, a young Ph.D. Biotech manager was charged with OUI first offense. According to Police, she was seen driving erratically late at night. The police arrested her after they believed she failed the sobriety test and other indicators of intoxication.  Not interested in prolonged, possibly unpredictable and more costly litigation she chooses enter a plea before the court. Attorney Barabino, moved the case so that she could close out the case sooner that it had been originally planned. Once at court, the understanding and reasonable district attorneys reviewed her background and engaged in a discussion, agreeing to a continued without-a-finding for 12 months and 45-day loss of license. They also agreed to find her Not Responsible for the Mobile Phone use ticket. Once in front of the judge, Attorney Barabino argued for the above disposition AND for her to be found NOT RESPONSIBLE on the marked lanes violation, to which the judge agreed too.

RESULT: 1st OFFENDERS Disposition, NOT RESPONSIBLE Both Civil Infractions.


1st OFFENSE, 90/24D Disposition

October 29th 2018
Concord District Court

FIRST OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Open Container Chapter 90 Section 24L   
Speeding, Chapter 90, Section 17A 
Marked Lanes Violation, Chapter 89, Section 4A

Client, a young hard working-working professional was charged with Operating under the influence of Alcohol. In addition to the criminal charge she was given three separate "civil" citation(s) which included possessing an open container, speeding and marked lanes violation. According to Police in the early morning hours, client was speeding and weaving. She was found with a glass of beer, red bloodshot eyes and the smell of alcohol on her breath among other indicators of intoxication. Despite what appeared to be a strong case for the Government, she did have a strong defense. Despite the existence of this defense, client understandly, simply wanted to get the case wrapped up quickly, with the least cost and effort possible. As a result, Attorney Barabino was able to negotiate with the District Attorney a 1st offense disposition whereas, the charge will be dismissed after a one-year period. This is a fairly predictable result when the client has an otherwise clean record, no accident at the scene and no additional circumstances such as very high breath test result or disrespectful conduct to the officer. In addition to the 1st offense plea there was an agreement to dismiss all the "civil" infractions which is particularly important to avert an extended license suspension for the multiple surcharges which can result from civil infractions.

RESULT: 1st OFFENSE, 90/24D Disposition, Civil Infractions found NOT RESPONSIBLE.

SECOND OFFENSE DWI provided 1st OFFENSE DISPOSITION.

October 25th 2018
Waltham District Court

SECOND OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)  
Open Container Chapter 90 Section 24L
Marked Lanes Violation, Chapter 89, Section 4A
 

Client, was a world-class martial artist, dad and otherwise responsible citizen. According to the police, the client was driving erratically when a citizen called the police to investigate. When police arrived, they found client was operating his vehicle and in possession of an open bottle of brandy. The client agreed to a breathalyzer test and blew a .26 which is three times the legal limit. The Commonwealth sought a six-month suspended sentence and two-year loss of license. In addition, they requested a two-week impatient program. Attorney Barabino sought a first offense which the law allows, if the prior offense was more than ten years as was the case.  Attorney Barabino provided a memorandum to the court outlining the clients unquiet and distinctive career path.  In the end, the court agreed with Attorney Barabino for a 1st offense disposition. So, he received a guilty conviction, but as a first offender. The result will be he will be allowed to request a hardship license before the registry at a sooner date and support his family while maintaining safety and sobriety for the him and the community in general. Also, client does not have to attend the two-week impatient program.

RESULT: 2nd OFFENSE provided 1st OFFENSE DISPOSITION.

RESULT: ALL CHARGES DISMISSED, with Exception of OUI Charge

October 24th 2018
Lawrence District Court

FIRST OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Disorderly Conduct Chapter 272 Section 53
Resisting Arrest Chapter 268 Section 32B
Open Container Chapter 90 Section 24L
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
Possession of Class B Drugs, Chapter 94C, Section 32A
Speeding, Chapter 90, Section 17A
Malicious Destruction of Property, Chapter 266, Section 127 

Client, a hard-working mother was charged with many criminal and civil offenses. According to State Police report, client was driving over 100 miles in hour on the highway. She was stopped, she came beligerent and taken to the ground by the officer. The officer arrested her due to her intoxication. he inventoried the vehicle after her arrest and located amphetimines pills that she did not have a prescription and he also located a bottle of alcohol. Once at the station, the client flooded the jail cell. This was a case resolved with every charge dismissed, and client being placed on probation for the OUI, enter the standard program, a drug evaluation and aftercare if necessary, an apology letter to the officer and a Brains at Risk half-day program.

RESULT: ALL CHARGES DISMISSED, with Exception of OUI Charge

CHARGES DISMISSED

October 17th 2018
Haverhill District Court

Assault and Battery 265 Section 13M(a)
Intimidation of a Witness Chapter 268 Section 13B 

Client, a young hard-working union carpenter who had a marital dispute that led to his arrest. The details are varied, but it is fair to say that a long-night of entertaining and alcohol led to an argument, to a physical interaction and client eventually receiving an injury.  The Police charged client will Assault and Battery and Intimidation of a witness (A felony). After discussion with the District Attorney and all involved it was agreed that a marital privilege which is a brief evidentiary hearing excluding a married spouse from testifying in a criminal case. The result was a DISMISSAL of all the charges.

RESULT: DISMISSAL OF BOTH CHARGES

CHARGE(s) DISMISSED on DAY OF TRIAL/Probation Extended

CHARGE DISMISSED on DAY OF TRIAL.

October 16th 2018
Salem District Court
Violation of Abuse Prevention Order Chapter 209 Section 7 
Violation of Abuse Prevention Order Chapter 209 Section 7 
Violation of Abuse Prevention Order Chapter 209 Section 7 
Violation of Abuse Prevention Order Chapter 209 Section 7 

Client was a particularly pleasant father who had tumultuous relationship with his former wife. The client was charged with three separate complaints of violation a restraining order. All the charges were questionable but a conviction on any was sure to result in his incarceration.  The charges were concerning for the court since the client was on probation for assaulting and beating his ex-wife already--a plea that he entered with another attorney. In the end, client and attorney Barabino requested a trial and at the day of trial, the District Attorney offered a deal which client felt was simply too good decline and accepted the deal. No additional jail and three of four charges dismissed.

RESULT: Three of the Four Charges DISMISSED; Fourth Charge agree to NO JAIL and Extended Probation for 6 months.

RESULT: CHARGE DISMISSED on DAY OF TRIAL.

September 26th 2018
Woburn District Court
Assault and Battery  265 Section 13M(a)

Client, a young hard-working builder was accused by his girlfriend of assault and battery. The charges were weak and a product of her serious mental illness. Although serious mental illness doesn't mean your allegations are untrue, it can cause people to act irrationally and aggressive and this was one such case.  She jumped on his bed while sleeping and threatened to break his television. And he simply refused to engage her hysterics. However, when police came to the house they saw her in bare feet and arrested him, as they assumed, according to the report, that given that she was in bare feet in 35 degree weather and the statements that client was likely the aggressor and he was charged. Attorney Barabino and client confidently requested a trial date and at the trial she did not appear so the case was DISMISSED.  

RESULT: CHARGE DISMISSED on DAY OF TRIAL.

Class B Drug Possession, Civil Offenses, CASE DISMISSED/NOT RESPONSIBLE

September 18th 2018
Woburn District Court
Class B Drug Possession, Chapter 94C, Section 34
Child 8-12 Or Over  57 Inches Without Seat Belt, Chapter 90, Section 7AA
Child Under 8 Years And Under 58 Inches Without Carseat, Chapter 90, Section 7AA

Client, a young mother of four, was driving when her vehicle was stopped by police for suspicious activity. Police investigated vehicle and searched her person, ultimately finding contraband. Part of the contraband included one Percocet pill, without a valid prescription. Client was ultimately charged with Class B Drug Possession and two minor civil offenses. While the Commonwealth gave reasonable alternatives to avoid trial, Attorney Barabino and Client decided it would be in the best interest of Client to proceed with a jury trial instead. At trial, the state chemist was unavailable, so the case was consequently dismissed. Civil charges found "not responsible". 

RESULT: Civil Charges, NOT RESPONSIBLE, CASE DISMISSED at Jury Trial  

Two Counts of Indecent Assault and Battery, NOT GUILTY

September 13th 2018
Boston Municipal Court     
Indecent Assault & Battery Under 14 Chapter 265 Section 13B
Indecent Assault & Battery Under 14 Chapter 265 Section 13B

Client was long-time senior government manager for the Commonwealth of Massachusetts. Highly publicized accusations cost him nearly everything, with even the Governor of Massachusetts making his position on case known to the media. This was the second round of accusations against client of these charges. After three days of trial, 14 witnesses, exhibits, computer evidence, testimony, and the defendant taking the stand in his defense, client received a verdict of "not guilty" on both counts.     

RESULT: Both Counts, NOT GUILTY.

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