January 21st 2020
Assault with a Dangerous Weapon
Clerk Magistrate Hearing
Client was a very pleasant young mother who was managing life admirably. With all the duties and responsibilities raising her children she was also an employee of the public-school system. With no prior record, it was surprising to all when she was charged with felony assault. A conviction or even being charged could put her entire future in jeopardy. According to police, she was with her kids when her car was towed to tow yard. Instead of paying for the two she decided to simply try to take the car without paying the tow truck. Particularly bad judgment and inconsistent with her character. The charges from police resulted in her speeding out of the tow yard as an employee approached her car. The scene was chaotic, and the facts become murky, but according to the employee he was hit with her car and she speed off. To prepare for the hearing Attorney Barabino developed a 5-page background memorandum of her life complete with attachments and supporting documentation. We also paid the tow company the money which they were owed. In the end, after much deliberation it was decided that no charges would issue against client with an expectation that a letter of apology be filed which the client fully embraced. Finally, the victim testified and fortunately was supportive of charges not being issued, which likely tipped the scale for the complaint to NOT ISSUE for a felony charge.
RESULT: No Arraignment, No Charges for Felony.
January 16th 2019
Assault and Battery
Client was a hardworking professional with no criminal record. She was experiencing a difficult time of her life when she was charged by police with assault and battery. According to police, she had a dispute with another driver on the road. According to police, when the other driver pulled over, so did client who got out of her car, when up to the window and grabbed her arm. There were also expletives shouted. The alleged victim added that she client grabbed lit cigarette from hand. The case proceeded through the court for nearly a years’ time. During that time, client entered therapy and Attorney Barabino provided those confirmations to the District Attorney along with a lengthy disposition memorandum. In the end, after many negotiations and court dates, an agreement was struck whereby the client would admit to no wrongdoing or criminal behavior. And she would continue with counseling as her counselor recommends. She does not have to return to court and the charge will simply be dismissed on one years’ time.
RESULT: PTP w/agreement to continue therapy
Assault w/a Dangerous Weapon
Negligent Operation of a Motor Vehicle
Failure to Stop for Police
Client was a hardworking, college graduate who was self-managing some mental health challenges. When he became intoxicated his behavior caused some concern from neighbors and fellow tenants. His behavior triggered the attention of local police, and SWAT were called into action. This brief standoff caught the attention of local media. Fortunately, the SWAT team was able to diffuse the situation and arrest client without any gunfire. The client was then charged with assault with a dangerous weapon against his neighbor. After the incident, client’s parents immediately reached out to Attorney Barabino. At arraignment client faced open criminal charges of negligent operation of a motor vehicle, resisting arrest, and failure to stop for police. Attorney Barabino took over all the cases. He also immediately requested a clinical evaluation at arraignment and a doctor was called to the court. Criminal responsibility was a live issue. Attorney Barabino requested that he not be placed on bail and be allowed to be evaluated for criminal responsibility at Bridgewater State Hospital. That request was allowed. Also, the victims filed a harassment order against client. Attorney Barabino requested that this order be dismissed prior to setting a hearing as the petition was inadequate. The judge agreed. Eventually, client was sent to Bridgewater. The evaluation was inconclusive. So, Attorney Barabino hired an independent forensic psychiatrist to evaluate client. It was during the period of time that Attorney Barabino was able to negotiate pre-trial probation with the District Attorney office for both cases. This disposition simply means that the prosecution is paused pending his participation with the terms of the agreement: comply with Department of Mental Health treatment regimen, stayaway from the victim and the area where she lives and forfeit the knife and the mace, which was taken during the SWAT team raid. So, after a year, if client complies, he will have no record and hopefully become a productive tax paying citizen again.
RESULT: PTP Ends Both Criminal Complaints
January 8th 2020
Motion to Seal
Client was a well-established professional who had a previous assault and battery charge filed against her. The charge was ultimately dismissed. She soon decided that she would like to have no record of the event since it could affect her job prospects. So, Attorney Barabino sat down with client and family and drafted lengthy affidavits in support of the sealing petition. Included within the petition were attachments and photographs. At the hearing, the judge took everything under consideration, and despite the opposition from the Commonwealth, allowed the motion to seal.
RESULT: Motion to Seal, ALLOWED
December 30th 2019
Possession of a False/Stolen Identification
Illegal Tinted Windows
Client was a hard-working father, husband and employee. With no criminal record or history. According to Police, client was operating unlicensed and with illegally tinted windows. That resulted in him being pulled over and when he was pulled over, he handed them a license. That license became the basis of the allegation for false identification charge. That charge is a felony of a moral turpitude, which if admitted as true, could result in the refusal to remain in the United States given his immigration status. Attorney Barabino quickly became developing a plan which included a significant background memorandum. In addition, significant research into the charge laid a path for a nearly eleven-page motion to dismiss. When all this information was brought to the attention of the District Attorney, an agreement for a dismissal on ALL charges for five hundred dollars was struck. Case Dismissed.
RESULT: False License Charge is Dismissed
December 20th 2019
Possession of Cocaine
Client was a hard-working contractor. According to Police, was seen purchasing cocaine from someone and was pulled over by police. When he was pulled over, he freely and politely admitted that he had purchased cocaine. Police gave him a summons to appears in court and before he had to appear Attorney Barabino got him tested for drugs and obtained a clean drug screen. When they both appeared in court, Attorney Barabino was able to negotiate a deal whereby the court would extend his arraignment for 3 months and during that time if client is tested and clean, he will never be arraigned and the case dismissed, BEFORE the arraignment. That day has come, and the case was DISMISSED prior to arraignment. There is no trace of the charges in any court record.
RESULT: District Attorney Agrees to PRE-ARRAIGNMENT Drug Testing and Case is DISMISSED.
December 17th 2019
Domestic Assault and Battery
Client was a hard-working government professional. According to police he assaulted and battered his child’s mother. Police came and arrested him at his home and brought him to court, where the court entered a stay-away order while the case was pending. Attorney Barabino was retained and quickly went to court to motion the court remove the stay-away provision which they did. A disposition memorandum was provided to the District Attorney and after several months a final agreement was reached whereas the commonwealth would freeze the prosecution where it was at in agreement for client to 1) not abuse spouse 2) comply with Department of Children and Family (DCF) 3) and finally get screened for abuse of alcohol and aftercare if necessary. If completes that process successfully over the next year, the case simply dismisses itself, no return to court necessary. And no admission of wrongdoing or guilt.
RESULT: District Attorney Agrees to Pre-Trial Probation, Retains the Presumption of Innocence.
December 16th 2019
OUI 2nd Offense
Uninsured Motor Vehicle
Unregistered Motor Vehicle
Client was a hard-working single guy. According to Police, he was driving his vehicle in an unsafe manner as well as speeding. When they pulled him over, they determined that he had an expired insurance and registration. He failed his sobriety test and the red eyes and slurred speech meant he was going to get arrested and did. He agreed to a breathalyzer and registered nearly 3x the normal limit. An agreement was reached whereby client would not go to jail, nor would he have any sobrietor machine, GPS tracker or alcohol screens. The agreement was for client to enter and complete the mandatory 2-week program and aftercare and pay fines and fees required by law. Finally, as a condition of the plea, the remaining three charges will be dismissed.
RESULT: No Special Conditions such as GPS, Sobrietor Machine or Drug Screens. All other Charges DISMISSED.
December 10th 2019
Violation of a Restraining Order
Clerk Magistrate Hearing
Client was a hard-working single mother of four (4) children. In this case, she was charged with violating a harassment order against a former friend who made salacious allegation including threats which would clearly be a violation of the order. Fortunately, a clerk magistrate hearing was held where Attorney Barabino and client were prepared, and did offer evidence that was contrary. Ideally, after the hearing, the clerk indicated that given the totality of the facts, the complaint will NOT ISSUE. Client keep spotless record.
RESULT: Clerk Magistrate DOES NOT ISSUE Complaint.
December 5th 2019
Failure to Signal
Client was a young electrician who was driving his car, lost control of the vehicle and collided with another vehicle, resulting in the other vehicle flipping over. Although no severe injuries the crash was certainly highly concerning to the court and police. The goal was to fashion a plea deal that would no directly affect his ability to drive to his employment. After discussion and negotiation with the District Attorney an agreement was struck whereby client would admit to sufficient facts, which would preserve his criminal record. Moreover, after that agreement was reached a further agreement was reached where the remaining civil infractions would be entered as a Not Responsible.
RESULT: Administrative Probation for One-Year, and all Civil Charges Not Responsible.