Recent Cases

JUDICIAL DIVERSION SUCCESS

November 18th 2020
Assault with a Dangerous Weapon
Client was a very pleasant former U.S. Marine with no criminal record. According to Police, he went to his partners place of employment and confronted her soon to be ex-husband with a firearm. Client promptly reached out to Attorney Barabino prior to any arrest and Attorney Barabino filed a Motion to Preserve evidence for video at the crime scene. We filed the motion to preserve with a long memorandum and affidavit in support of the preservation. At the same time, client and Attorney Barabino began to prepare for his arraignment in court. In anticipating of the arraignment, Attorney Barabino and client reviewed all the options available to him. As someone who had no record, he was eligible for a judicial diversion program. This new program can be implemented either BEFORE arraignment or AFTER arraignment. If it is entered before and ultimately successful, that means that it will never appear on any legal document for the criminal record. In this case, Attorney Barabino and client worked toward writing a lengthy background memorandum, motion and affidavit as well as a motion and affidavit in support of a recommended program. On the day of arraignment, the District Attorney agreed to accept him into the program PRE-Arraignment and today that matter was dismissed and never entered on his record. A great success for a young family with a bright future. When the matter was called before the judge, the matter was dismissed, PRE-ARRAIGNMENT. Case Closed.
RESULT: Judicial Diversion SUCCESS.

Out-of State Client DISMISSED

October 21st 2020
Unlicensed Operation of a Motor Vehicle
Client was hard working out-of-state tech worker on an H-1 visa. He had come to Massachusetts in the past and was caught speeding and he had no license. He was cited for speeding and the criminal charge of unlicensed operation of a motor vehicle and he wanted it fixed as soon as possible, without coming to Massachusetts in person get the best deal possible. Attorney Barabino promised nothing but his best efforts. Client agreed and after a brief interview on the phone began the process of preparing for the arraignment. He began with a motion and affidavit to waive the defendant’s presence and allow him to appear on zoom-thus allowing him to not travel to Massachusetts. That motion was ALLOWED. Then Attorney Barabino provided information to the District Attorney in advance of the hearing requested the possibly that they may dismiss the matter PRIOR to the arraignment so that the arraignment will not appear on his criminal record—to which the hard-working District Attorney agreed to do. When the matter was called before the judge, the matter was dismissed, PRE-ARRAIGNMENT. Case Closed.
RESULT: Case DISMISSED, PRIOR to Arraignment.

Indecent Assault and Battery REDUCED

October 16th 2020
Indecent Assault and Battery
Client was a very pleasant single guy, educated guy with no criminal history. While at a local casino enjoying himself with some friends he was accused of indecent assault and battery. Without delay after speaking with client, Attorney Barabino filed several motions to preserve videotape from the various locations within the casino. The court allowed those motions and the case proceeded through the normal track. The case had complexities since the client didn’t believe any touching occurred and certainly not intentional. Additionally, a security guard said he witnessed the act and adopted the victim’s side of the allegation. A thorough review of eventual footage was recovered and a frame by frame dissection of the video took place by Attorney Barabino. It appeared that the client was slightly intoxicated and simply guided his hand along the wall for support and his hand brushed up against the woman backside. In the end, there was contact even though inadvertent. The Commonwealth reviewed the entire matter in great detail over the course of the year. The Commonwealth and Attorney came to an agreement for a reduction of Indecent Assault and Battery ( Felony) to Assault and Battery (misdemeanor). Also, the assault and battery were a conditional plea where if he successfully completed the period of probation the charge will be dismissed. The period of probation would last a period of 6 months with reasonable conditions.
RESULT: Client REDUCED Sex Charge to Non-Sex Charge.

DWI ACQUITTAL

October 16th 2020
Operating Under the Influence/OUI/DWI
Marked Lanes Violation
Client was a particularly pleasant father who had had a few beers over a period of time at a relative’s home. While driving home, he was swerving, and a good Samaritan called 911. The 911 call was relayed to the State Police who caught up with the client, who swerved in the presence of the police officer. The police officer pulled the Defendant over. The defendant drove responsibly to the break down lane and was questioned by the officer. The young state trooper was decent, respectful and professional. Client was also respectful to the trooper. After a brief discussion and odor of alcohol and red glossy eyes. The trooper asks him to comply with a series of sobriety test. The first one didn’t go so well, but the Defendant performed the second one very good. In the end, the trooper made a decision to arrest and the case was eventually brought to trial. At the conclusion of the trial a NOT GUILTY verdict was rendered.
RESULT: Client NOT GUILTY of OUI. Marked Lanes Violations Not Responsible

Stolen Motor Vehicle Dismissed

October 15th 2020
Receiving a Stolen Motor Vehicle
Client young bright, particularly pleasant young man with no criminal record. He was charged with Receiving a Stolen Motor Vehicle. This charge is a felony charge which makes it more serious that a misdemeanor charge. Also, the way the law is written the District Attorney has no discretion in offering an alternative disposition without the charge being a conviction. So, the alternative is a conviction which would make the client a convicted felon or trial where he is found not guilty. So, Attorney Barabino and client begin the preparation and do a full background on the client and drafted a three-page biography on the client and background. Discussion and negotiations continued for some time and the attentive District Attorney continued to engage in that discussion in good faith. Eventually, Attorney Barabino filed a motion to suppress the identification of the Defendant, that motion had with it a memorandum of law and affidavit which detailed the legal justification to prohibiting or suppressing the identification of the Defendant. As that court hearing approached, a deal was struck whereby the Defendant would admit to no criminal offense or wrongdoing and maintain the presumption of innocence. The only condition is he stay away from the dealership where the car was alleged to be stolen from for 180 days.
RESULT: Generally Continued for 180 Days, Case DISMISSED. No admission of wrongdoing. Client maintains the presumption of innocence.

COMPLAINT DOES NOT ISSUE. Record CLEAN

October 8th 2020
Operating on a Restricted License
Negligent Operation of a Motor Vehicle
Failure to Stop for Police
Receiving Stolen Property
Malicious Destruction of Property
Client was a young individual was had gone spent a brief time on the wrong side of lawfulness. He had a strong family foundation, but his recent conduct was clearly unacceptable and problematic. He was charged with two separate complaints. One where he and others took bicycles of another and damaged the value of the bikes. And another where he rented a high-end car and sped through various streets until he was located by police---which at that time he took off in a brief chase. The conduct of both cases, particularly, the high-speed chase was concerning for all involved. The show cause hearing was set for several months out—which worked perfectly as the strategy with Attorney Barabino was to do one thing—acknowledge the prior failures and prove that he can rehabilitate himself in several months’ time. The burden for the client was high. But he and Attorney Barabino set certain benchmarks of success and client exceeded every single one. After hearing testimony, a written plan of success and a memorandum outlining the history of client, the clerk magistrate and the police department decided to validate the young man recent efforts and allow him to rehabilitate himself outside the criminal justice system. Both CASES COMPLAINT DOES NOT ISSUE. Records CLEAN
RESULT: Both CASES COMPLAINT DOES NOT ISSUE. Records CLEAN

Out-of State Default Removal

October 7th 2020
Operating on a Suspended License
Traffic Violation
Client was a Florida resident who had an outstanding warrant for his arrest in Massachusetts. The reason he had a warrant for his arrest was due to a default on an outstanding charge of driving on a suspended license and a civil infraction. Attorney Barabino was retained and appeared in court in an attempt to remove the warrant without his client having to appear in the courthouse. Fortunately, the District Attorney was present and reviewed the particular circumstances in this matter and agreed that the default could be removed without his presence. A big win or the client since he avoided having to fly to Massachusetts to remove the default and also the removal of the default allowed his license to be reinstated. After that default removal, the attentive District Attorney and Attorney Barabino were able to review and discuss the matter further. In doing so, they were ready for the pre-trial date that was scheduled via zoom to be productive and efficient for the client. On the day of the initial appearance the Clients matter was dismissed in its entirety.
RESULT: Both DISMISSED at Arraignment.

Both Driving Charges DISMISSED at Arraignment

September 25th 2020
Unlicensed Operation of a Motor Vehicle
Unregistered Motor Vehicle
Client was very pleasant commercial diver who had temporarily relocated to Massachusetts. He got into a routine traffic accident the police informed him that he was supposed to have a Massachusetts Driving License and he did not. Also, the officer informed him that registration was invalid. Client was summonsed and retained Attorney Barabino. After interviewing and preparation and guidance, client went to the arraignment and brought along various items in support of his background and legal arguments in defense of a favorable recommendation. After a discussion with the District Attorney and the arguments in favor of dismissal the District Attorney agreed to DISMISS BOTH charges entirely.
RESULT: Both DISMISSED at Arraignment.

Rape of a Child Investigation CLOSED

September 25th 2020
Rape of a Minor Investigation Closed
Client was a hard-working new immigrant father who had a raised a wonderful and loving family. He had never had any trouble with the law. He was contacted by law enforcement regarding sex-related offenses against a child. One of the most serious charges that one can be accused. His daughter reached out to Attorney Barabino and they quickly began advocating on behalf of the father. In investigations like these, the investigation takes some time and we use that time to influence the direction of the investigation. In this matter, we drafted and submitted a several page memoranda of the client’s background and positive history. We also assembled the entire family who supported the client and we provided affidavits in support of the client, which in this case was substantial and extensive. We coordinated with Department of Children and Family and all involved. In the end, no charges have been filed. Case Closed.
RESULT: Rape of a Child Investigation CLOSED.

 Indecent Assault and Battery Investigation CLOSED.

September 25th 2020
Indecent Assault and Battery Investigation Closed
Client was a very bright young man who was alleged to have inappropriately touched a relative on multiple occasions. The police began an investigation. Client retained Attorney Barabino and the process of advocating for client began. As with any allegation, we made contact with the investigators. we assure the police that the lines of communication remain open and should charges be considered we will appear, if requested, in court and no warrant is necessary, among other considerations. Here, we began an elaborate process of educating the investigators of who the client was detailing the background and history of his entire life. We provided a detailed memorandum with significant attachments such as college transcripts among the trove of exhibits. We also supplemented the memorandum with an assortment of affidavits in support of the client’s good character. In the end, no charges have been brought. Case Closed.
RESULT: Indecent Assault and Battery Investigation CLOSED.

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