Recent Cases

November 20, 2024
OUI Serious Bodily Injury
Negligent Operation of a Motor Vehicle
Open Container Alcohol
Client was a very pleasant quiet young man from a very nice family. He also has a drinking problem. He was driving his car at multiple times over the legal limit when he struck another vehicle head on causing the other driver to have massive injuries. The injuries that the other driver was significant and resulting in long term injuries requiring long term hospitalization. The result was the charges above, most serious being OUI or Operating Under the Influence resulting in Serious Bodily Injury. Not only would the Serious Bodily Injury Result in Jail, but it would also require that the individual be deported without question. The case proceeded through the court process for a long period of time and eventually, resulting in a negotiated disposition that permitted the Government to drop or dismiss the serious bodily injury charge in exchange for a lengthy Jail sentence, but permitting the probability he would not be deported.
Result: OUI Serious Bodily Injury Charge Reduced to OUI, No Probation.

November 19, 2024
OUI First Offense
Negligent Operation of a Motor Vehicle
Marked Lanes Violation
Drug Possession Class “A”
Client was a hardworking, married state professional who had no prior criminal history. On this occasion, he was driving after consuming alcohol. During a moment of inattention, he collided with another vehicle resulting in another vehicle flipping upside down. Police arrived and had to extract the other (slightly injured) driver through her back window. In short, the accident was serious and concerning. Police began questioning client and examining his vehicle. Client had the signs and symptoms of intoxication and did not complete the sobriety test properly. Police went in his car and found a ten pack of nips with two nips already gone and they also found a powdery substance which was positive for Class “A” drug. Client has Drug Charge Dismissed, Negligent Operation Dismissed, Civil Violation Not Responsible and the OUI given the Most Lenient Disposition Permissible Under the Law, which the Case Can be Dismissed after One Year Probation.
Result: OUI Resulting in Most Lenient Sentence, Avoids Conviction, Other Charges Dismissed.

November 6, 2024
Felony Assault & Battery on a Person over 60
Client was a polite young man who had significant mental health struggles. During an episode he threw an item at his mother. His mother was not injured—but the throwing of the item triggered the mother to call police for support, protection and guidance. When she did the police arrived to the home and she repeated the incident to them. After she repeated the incident to the police they determined that a crime has taken place and that the son should be charged Assault and Battery on someone over 60 with a dangerous weapon. That charge is a felony since it is on a person over 60 and because it is a dangerous weapon. This charge, (Over 60) is one where the District Attorney take particularly seriously—but they are also reasonable people based on the circumstances. Here, client went to an impatient facility to manage the mental health struggles for several weeks. After the impatient facility, he was transferred to a home for mental health services from the state. In conclusion, the underlying basis of the case was based on mental health challenges and since the individual initiated intensive treatment on his own, there was little desire for the District Attorney to want to prosecute the matter and a trial readiness date was scheduled, and the matter was dismissed to on that date. No Record.
Result: Assault & Battery over 60 Dismissed

October 18, 2024
Assault & Battery (Domestic)
Client was very kind and pleasant person with no prior criminal record was charged with domestic assault and battery. Client was arrested and the case progressed through the court. After experiencing dissatisfaction with court appointed attorney he hired Attorney Barabino to be his lawyer. Attorney Barabino and client quickly developed a large cache of materials that are helpful to his case and provided those materials to the District Attorney. Eventually, a plea disposition was brought before the court at an accelerated pace as client was in the process of moving across the country. Eventually, at the tender of plea the district attorney sought a 42-week rehabilitation program and a stay away order. The judge after hearing from Attorney Barabino and all the other parties agreed with Attorney Barabino that client does not have to attend the rehabilitation program and declined a stay-away order request.

October 10-11, 2024
Operating Under the Influence of Alcohol
Negligent Operation of a Motor Vehicle
Very hardworking and pleasant client was reported by third party for poor driving. Police investigate and pull client over independently seeing the driver jerking the wheel. Police allege slurred speech/bloodshot eyes, unsteady feet, odor of alcohol and failure of field sobriety tests. Client arrested for OUI. Case proceeds to trial and Attorney Barabino successfully raises reasonable doubt on guilt by presenting counterevidence from diagrams, medical records, and a witnesses. Very attentive jury returns not guilty verdict. Client avoids adverse immigration consequences of conviction.
RESULT: Jury finds Client Not Guilty of OUI. Client PROTECTED from immigration consequences of conviction.

October 9, 2024
Probation Violation
Client was a government employee on probation for his third OUI. He was accused of beating his elderly father while on meth. Client was on probation out of state but cooperated with returning to Massachusetts. Client detained but not held. On agreement, probation continues with additional drug testing condition.
RESULT: Client AVOIDS time after successful negotiation on terms of probation.

October 8, 2024
Possession With Intent To Distribute Marijuana
Park Zone Violation
Minor In Possession of BB Gun
Client was a pleasant and respectful juvenile arrested at a park with other juveniles with marijuana. Client searched during arrest and police locate a BB gun. Arraignment postponed on Attorney Barabino’s request. Attorney Barabino filed a motion to dismiss about 20 pages long. Procedurally, this court permits counsel to file pre-trial motion to dismiss in their discretion. The motion was filed and served before the next hearing date. Before the hearing, the The Assistant District Attorney reviewed the motion and agreed to pretrial diversion. Case will be dismissed after completion of diversion program.
RESULT: Juvenile NOT arraigned. Commonwealth agrees to pre-trial diversion. Case will be DISMISSED after completion of diversion. No criminal record.

September 17, 2024
Indecent Assault and Battery over 14 years of age
Client was a young teenager from out of state came with some family friends to a teenage game park location. According to police, his action and behavior at this location were sufficient for a felony criminal summons of indecent assault and battery on a person over 14. When client was at this location, he was interacting with another young teenager of the opposite sex. The interactions suggested some interest in her and her of him. Eventually, the client placed his hand on the thigh of the alleged victim, close to her private area. This was witnessed by the young woman’s friend. That friend told her father and father called police. The police sought to talk to the young man, but young man was already on his way to New Hampshire. The series of events that led to the particularly serious felony charge. Without delay, Attorney Barabino sought to attempt preserve all video from the event from all sources, including TikTok. He then postponed the arraignment to provide a review to determine if pre-arraignment motion to dismiss if a viable option. Upon review it was reviewed and filed and argued and the very close call, but that attempt was unsuccessful. However, he continued to advocate with all involved and after several additional court dates. In the end, an additional review of the matter by the District Attorney, they decided to not proceed with the matter and the case was dismissed prior to the scheduled arraignment.
RESULT: Indecent Assault & Battery Dismissed Prior to the Arraignment.