Recent Cases

January 17^th 2024
Threats to Commit a Crime
Client was an all-around super dad, husband, employee, and person. There was an incident at a store where the store employee believed that he was doing something untoward and tried to mediate and speak with the person. The person at the store became defensive and accusatory. Despite client trying to mediate the confusion, another store employee then made the same accusation of a threat as the co-worker. The police were called, and client explained to police as best as possible what occurred. In the end, the police filed for a magistrate hearing. Client went to the magistrate hearing alone without counsel and the complaint was issued. He called Attorney Barabino and they determined that he is eligible for considerationfor judicial diversion, however, they would have to persuade both the District Attorney and the court at his arraignment that he is a candidate and should be considered. They developed a petition and proposed a plan to engage in an online program for conflict resolution, was well as a therapist to review the incident and provide confirmation that the programming was successful. Client did both and today the charge was dismissed, pre-arraignment, meaning the charge never appears on any criminal record.
RESULT: Pre-Arraignment Dismissal on Threats Charge

January 17^th 2024
Assault and Battery with a Dangerous Weapon
Disorderly Conduct
Client was an all-around responsible and hardworking single dad. He was informed that by his less than responsible brother that he used his ID when being accused of a felony offense. Since brother wasn’t arrested on the scene, there was no fingerprints, booking photos and the like to ID the actual offender, which was client’s brother. Fortunately, client was notified of the impending court date and more importantly, client had a legitimate and credible alibi. Generally, in cases like this is it not uncommon to the district attorney to be sympathetic to the concerns but insist on the charges being pursued and resolved at trial or some other event. That is time-consuming, it would also mean an arraignment would occur thereby making an entry on the clients criminal record, even if dismissed, and also the uncertainty and stress on the client. In this case, Attorney Barabino and client met, developed an affidavit to support his alibi and supporting documentation and provided to the District Attorney prior to the actual arraignment. At the day of arraignment, the hard-working district Attorney made a judgment call that client was not the person in the criminal act and simply dismissed the matter, prior to the formal charges being brought in the arraignment.
RESULT: Pre-Arraignment Dismissal on Felony Charge

January 16^th 2024
Larceny under $1200
Magistrate Hearing
Client was an all-around amazing young lady who was accused of Larceny under $1200.00. The young lady had been and was a magnificent student and citizen. There was an accusation that she had been taking items that did not belong to her at the condominium that she lives. These accusations were inconsistent with her character and could derail her particularly bright future. After a review of the items that were alleged to be taken, there appeared to be legitimate defenses to the allegation, even at the magistrate level. As a result, Attorney Barabino took a dual approach to the strategy that 1) there was not probable cause to issue the complaint and 2) if the magistrate determined that probable cause exist, then there remains a justification to not issue the complaint based on a variety of factors and materials. In the end, the Police agreed that they would not issue the complaint and the magistrate concurred that this does not need to issue in fact did not issue.
RESULT: Magistrate Declines to Issue Complaint of Larceny.

December 20^th 2023
Assault and Battery on a Person over 60
Client was an all-around relaxed dad when he was charged with felony assault and battery on a person over 60, a felony charge. Although, dad is a responsible and relaxed person he admittingly lost his cool. He had been driving when the person in front of him was driving erratically and at one point cut him off. Client pulled in a confronted the gentleman and eventually pushed him to the ground. That act was viewed by several credible witnesses. One of those witnesses who saw the event came to the aid of the person and assaulted client via punching him on the face. Eventually, client simply left and was interviewed by police and given a summons to appear in court for his arraignment. After nearly a year, a disposition was agreed up by the district attorney whereas if client stays out of trouble for a year the case will be dismissed. Client also agrees to get anger-management as well.
RESULT: Continued without a Finding for a One-Year Period at which time it will be Dismissed.

November 29, 2023
Reckless Operation of a Motor Vehicle
Failure to Stop for Police
Speeding
Marked Lanes Violation
Immediate Threat Designation from the Registry of Motor Vehicles (RMV)
Client was a very pleasant, hard-working dad. On the day of the incident, he was late for work. While driving there, he was speeding. He also admittingly went over marked lanes of the road. Client was unaware that while he was speeding that there was a police car behind him. Then, when he went around the car over the marked lanes, the police decided to put on the emergency lights to affect a motor vehicle stop. However, Client was traveling at a speed that was excessive enough where the police didn’t feel comfortable stopping him. However, they did have his license plate and they did make a solid identification of client. Based on that they sent him a criminal summons for two driving charges, failure to stop for police, reckless operation of a motor vehicle, and two civil citations. The officer also made an immediate threat petition to the Registry of Motor Vehicles. This immediately suspends the license of that person until the case resolves, which in some instances can take up to a year from the date of offense. However, Client stood ready to do whatever he could to avoid the criminal charges on his criminal record and get his license reinstated at the earliest possibility. Days after the incident, Attorney Barabino went in person to the court to file his appearance for the case and request an early magistrate hearing. Given the immediate threat designation, this was allowed. Also, Attorney Barabino filed for a hearing at the Registry of Motor Vehicles soon after the scheduled criminal hearing—just in case he and Client were able to pursude the magistrate and officer that the charges should not issue. In the meantime, Client attended two driving classes and worked with Attorney Barabino on the hearing preparation. At the hearing, the magistrate found that the criminal charges were not supported by probable cause. Client would only have to pay the two civil citations. The RMV required three driving classes of which two were already done. Another RMV hearing occurred today, as client had done third school in the interim, and his license was reinstated.
RESULT: License reinstated (quickly) after immediate threat designation; no probable cause for criminal offenses found

November 27, 2023
Probation Violation
Client was a man who had beat back a narcotics addiction. He was on probation for carjacking after pleading out with another attorney. Upon his initial release from jail, he was hit by a number of life changing events including the death of his father. They affected him greatly. This led to Client relapsing to drug addiction and violating his probation by using again and leaving the state without permission. Client also caught two felony charges in two different states. Fortunately, after months and months on his own, he met a woman who believed in him and had the good character to help him recover. Client was successfully able to beat his addition back. With his partner’s love and patient support, Client went on his own initiative to an inpatient recovery program followed by an outpatient one. During this about two-and-a-half-year period, he only had two small slip ups. He held down two jobs and both employers had nothing but praise for his work. Client was eventually brought back to Massachusetts on a fugitive from justice warrant to account for his probation violation. He sought Attorney Barabino’s legal services. Attorney Barabino identified a unique set of circumstances because of his proactive efforts to beat back addiction, a problem that affects many in our country. In the end, the Probation Department asked for two years in jail. Attorney Barabino made the case for why Client should be reprobated. Taking both arguments into consideration—particularly Client’s recovery and the exceptional support of his partner—Client was only sentenced to six months in jail. Attorney Barabino was successfully able to persuade the Court to apply 58 days of jail credit to this sentence. As a result, Client will be eligible for parole shortly into the new year.
RESULT: Client’s probation violation sentence reduced from two years to less than half a year with parole eligibility.

November 18, 2023
Felony Breaking and Entering
Vandalism
Felony Larceny from a Building
Threat to commit a Crime
Client was a very pleasant college graduate with no criminal background. Client was accused of coming to the home of an ex-girlfriend who he had not associated with for some time. He arrived in the early morning hours and discovered his ex in bed with another man. Words were exchanged and threats allegedly made. Client was said to have taken a kitchen knife on his way out and stabbed one of the tires of a car. As a result, Client was charged and held on $1,000 bail. He was bailed out shortly after arraignment and sought representation with Attorney Barabino. Attorney Barabino went right to work on the case and developed various background memoranda on Client, his good family, and the situation. Attorney Barabino knew Client was a candidate for judicial diversion because he was a first-time offender. After several court dates, a hearing on judicial diversion was scheduled. At this hearing, the judge advised that the Assistant District Attorney summons the witnesses and have discussions with them. This was a very promising sign to Client and the ADA ultimately agreed to pre-trial probation so long as Client agreed to stay away from the alleged victims, take a mental health evaluation and seek treatment if necessary, and pay restitution. This would result in dismissal of Client’s case after a hearing and no admission to any crime. Most importantly, Client would avoid becoming a convicted felon or even admitting wrongdoing to any criminal behavior.
RESULT: Charges DISMISSED after a year of complying with conditions. NO admission of guilt. NO felony (or misdemeanor) conviction or admission of wrongdoing. He retains the presumption of innocence.

November 18, 2023
Larceny By a Single Scheme Under $1,200
Client was a very pleasant woman with no criminal record. She was accused of larceny. The allegations were that she took gambling chips from a casino that did not belong to her. Police said she did so over a period of time. Law enforcement had identified her conduct through a thorough investigation. From their investigation, they found probable cause to seek a charge of Larceny By a Single Scheme Under $1,200. Because the accusation was that she took under $1200, the charge was only a misdemeanor. However, Client was accused of taking chips valued at about $1,000. The case moved forward to a Clerk Magistrate’s Hearing. In preparation, Attorney Barabino worked with Client and her family reviewing and researching the facts and law. Attorney Barabino obtained the police reports filed which he discussed with Client and her family. Although it was clear that the low standard of probable cause would be met, Attorney Barabino’s developed a strategy. The plan was to have Client acknowledge the wrongdoing and persuade the State Police not to go forward with the case anyway. Attorney Barabino presented to the Clerk and the involved parties a background affidavit highlighting Client’s impressive and law-abiding background. Before the hearing, Attorney Barabino advised Client to participate in a rehabilitation program called STOPLifting. Client successfully completed the program and had a Completion Certificate to prove it. Client also agreed to pay restitution and had obtained a money order in the amount alleged to have been taken. On all this, the Clerk and the State Police agreed that if conditions were met ensuring Client stayed out of further trouble, they would not seek to move the case forward to arraignment.
RESULT: Case does NOT proceed to arraignment. No entry on record.