Recent Cases

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.

NOT-GUILTY of ASSAULT AND BATTERY and DISORDERLY CONDUCT

February 15th 2018
Woburn District Court
Disorderly Conduct Chapter 272 Section 53
Assault on a Household Member Chapter 265 Section 15B 
Disturbing the Peace Chapter 272 Section 53
Client was a hard working father who had dispute with daughter that resulting in him being charged with Assault and Battery, Disturbing the Peace and Disorderly Conduct. A trial was eventually scheduled and held. There was a number of different versions of the event and client and his witnesses were consistent on the witness stand at trial. The Commonwealth’s witnesses waivered and were not consistent. As a result, the verdict of NOT GUILTY on Assault and Battery and NOT GUILTY on Disorderly Conduct and a one-hundred dollar fine on Disturbing the Peace.
RESULT: NOT- GUILTY of ASSAULT AND BATTERY and DISORDERLY CONDUCT

Assault & Battery OVER 60--DISMISSED

February 1st 2018 
Malden District Court 
Assault and Battery OVER 60/Disabled Chapter 265 Section 13K 
Client was a Doctor of Research at a Pharmaceutical company when a family member struck him. In a most responsible fashion he called police to notify them of what occurred. However, after speaking to the person that struck him the police determined that he was the aggressor and arrested him for this felony offense. 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 his prosperous employment, be deported and separated from his wife and children as he was on a “green card” 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.

2nd OFFENSE OUI-- DISMISSED

January 30th 2018
Salem District Court
2nd OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Disorderly Conduct Chapter 272 Section 53
Resisting Arrest Chapter 268 Section 32B
License Suspended, For OUI, Operating with Chapter 90 Section 23
Young woman who was on probation for operating under the influence and was charged a second time.  She had a list of charges that followed after her arrest. The case involved several eyewitnesses and statements. A comprehensive interview followed from the defense and eventually a trial was scheduled. On the day of trial, the Commonwealth stated that they simply didn’t have the evidence to support the requisite element of “operation”. Case Dismissed. All Charges Dropped.
RESULT: All Charges DISMISSED, at day of trial.

Assault on HOUSEHOLD MEMBER--DISMISSED

January 22nd 2018
Lowell District Court
Assault on a Household Member Chapter 265 Section 15B 
Probation Violation/Surrender Chapter 279 Section 3
Client, a Federal Employee, was charged with assaulting a family member. After police came to his home he was arrested and arraigned in court the following Monday. What could had been problematic was  client was on Probation at the time in that very same court for operating under the influence of alcohol 2nd offense. The judge released him upon an arraignment and a probation hearing was held the following month. At that hearing the Defendant agreed to a violation was allowed no change in his probation. At that hearing, Attorney Barabino and client began to prepare for trial and today a trial was scheduled and attended, but the Commonwealth, after speaking to the alleged victim, decided there was no case and DISMISSED the charge.
RESULT: Probation Surrender SUCCESSFUL and CRIMINAL CHARGE DISMISSED.

Sex Charges NOT GUILTY

January 9th 2018
Boston Municipal Court     
Indecent Assault & Battery Over 14 Chapter 265 Section 13B
Indecent Assault & Battery Over 14 Chapter 265 Section 13B
Client was a long-time senior manager for the Commonwealth of Massachusetts. Highly publicized accusations cost him nearly everything, with even the Governor of Massachusetts making his position known to the media. After nearly two years of litigious hearings and preparations the trial commenced—and at the end of the trial, he was found, NOT GUILTY on both counts.   
RESULT: NOT–GUILTY BOTH COUNTS.

Peabody District Court

December 29th 2017
Peabody District Court
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)
 
Miscellaneous Municipal Ordinance 14-1
Client was a young man about to embark on his first year at college. According to police he was driving recklessly; passing cars and almost hitting the officer. When the police took him from the car they were concerned that he was under the influence of some intoxicant. In addition to the facts witnessed by the police officer, client was disrespectful and verbally combative with the officer, which is never a successful tactic. In the end, to avoid a conviction on his record, he agreed to being on probation for 18-months, a driver safety course, and an evaluation to ensure that he is not abusing illicit drugs. If successful, the charge will be dismissed at the conclusion of 18-months.  Additionally, his speeding fine and charge was found NOT RESPONSIBLE.
RESULT: DISMISSED, if Client Completes 18-Month Probation with Conditions.

1st Offense OUI Dismissed After One YEAR of PROBATION and PROGRAM & Civil Violation NOT RESPONSIBLE.

December 28th 2017
Somerville District Court
1st OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1) 
Miscellaneous Municipal Ordinance 14-1
A successful business owner was charged with operating under the influence of alcohol. According to the Police, he was driving under the influence when he crashed into another motor vehicle. The effects of alcohol were clear and obvious. Moreover, his breath test result was nearly double of the legal limit, and a bottle of alcohol in the car was another factor indicating that this otherwise upstanding business owner made a mistake—and he came to Attorney Barabino wanted to fix it, as quickly and easily as possible.
RESULT: 1st Offense OUI Dismissed After One YEAR of PROBATION and PROGRAM & Civil Violation NOT RESPONSIBLE.

Strangulation DISMISSED at Trial

November 16th 2017
Salem District Court
Assault and Battery Chapter 265 Section 15B(b)

Strangulation or Suffocation Chapter 265 Section 15D(b) 
Client was a young man who just out of high school when he was charged with grabbing his brother and basically giving him a headlock. Years ago, this type of behavior would not elicit a police response, never mind a felony charge—followed by a request to imprison the client until the day of trial. But the times have changed and the reality is that any allegation of physical aggression is looked upon with great concern by law enforcement. So, in this case, the police did respond to the home, they did charge him with a felony and the government did seek to imprison him until the day of his trial with no bail allowed. Attorney Barabino was successful in advocating for his release until the day of trial, despite the District Attorney arguing for a 58A Dangerous Hearing Detention Hold. After his release from custodial detention, the normal preparations were made to prepare for trial. At the day of trial, Attorney Barabino and his client announced “Ready for Trial”, but with minutes to go before empanelment of the jury, the District Attorney announced that the complainant is refusing to cooperate and they cannot go forward. Attorney Barabino requested dismissal of the charges, that request was allowed. 
RESULT: 58A Dangerous Hearing, ALLOWED, Client released Pending Trial, DISMISSED at day of Trial.

Level III SORB Decision VACATED

Level III SORB Decision VACATED
November 11th 2017
Sex Offender Registry Board/Superior Court Judicial Review
Client had been on the SORB Registry when he one accused of second, separate sex crime—which he denied and was eventually acquitted. However, prior to his acquittal he had a SORB hearing labeling him as a level III offender based on the charges. Attorney Barabino appealed the decision of the SORB. Timely Notice of Appeals filed, with complaint and affidavits. Soon after transcripts of the initial hearing were obtained and memorandums of law exchanged between the parties. Eventually a hearing was held and soon after a written decision indicating that the original SORB decision was VACATED and remanded to the board for a new classification hearing. 
RESULT: LEVEL III SORB Classification VACATED, New Hearing. 

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