Recent Cases

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 takes particularly seriously—but they are also reasonable people based on the circumstances. Here, client went to an inpatient facility to manage the mental health struggles for several weeks. After the inpatient 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 on that date. No Record.
Result: Assault & Battery over 60 Dismissed.

October 18, 2024
Assault & Battery (Domestic)
Client, a 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.
Result: No Batterers Program Ordered.

October 10, 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 investigated and pulled 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 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 located 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 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 who 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. This series of events led to the particularly serious felony charge. Without delay, Attorney Barabino sought to preserve all video from the event from all sources, including TikTok. He then postponed the arraignment to provide a review to determine whether a pre-arraignment motion to dismiss was a viable option. Upon review, the motion was filed and argued; it was a 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, after an additional review of the matter, the District Attorney 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.

September 13, 2024
Threats to Commit a Crime
Client was a very responsible former Registered Nurse with no criminal record. She had a tumultuous relationship with her sister. Client’s sister made allegations that client was threatening to beat her and according to police, client said it twice. There was some credibility to the accusations, as the accuser was successful in getting a restraining order against client (which client represented herself at). The police sought criminal complaint for threats and a clerk magistrate hearing was scheduled. In preparation for the hearing, Attorney Barabino drafted an 8-page memorandum of law, countless text messages and finally, two witnesses to testify so that the complaint does not issue. After a brief hearing, the magistrate declined to issue the complaint against client and the charges do not issue.
Result: Magistrate Declines to Issue Complaint for Threats Charge.

August 23, 2024
Wanton Destruction of Property
Discharge of a Firearm within 500 Feet
Client was a hard-working public professional with no prior criminal history. Recently, he had obtained a license to carry a firearm and was home manipulating the firearm while it was loaded. While doing so, he discharged a bullet into his neighbor's adjoining apartment. The neighbor was not injured. Police quickly arrived and secured the area. They seized the client's firearms and sent him a summons. The police responded with professionalism and restraint. They took the client's firearms and charged him criminally via summons for discharging a firearm within 500 feet of a dwelling and wanton destruction of property. A motion to dismiss was filed on the wanton charge and prior to that motion being heard the District Attorney agreed to dismiss the charge if a plea on the 500 feet discharge was accepted by the judge. As for the remaining charge of discharge of 500 feet, the government requested the judge find client guilty and Attorney Barabino asked for a continuation without a finding (CWOF) that would be dismissed at the end of Probation. The judge agreed with the Defendant and did not enter a guilty verdict siding with the defense.
Result: Wanton Destruction Dismissed Upon Acceptance of Plea, Court Agrees with Defense for Continuation without a Finding and Not a Guilty Verdict.