Recent Cases

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.

October 27^th 2023
Enticing a Child Under 16
Client was a very pleasant young college student that was charged with enticing a child under the age of 16. This charge is a felony charge which, if found guilty of the charge requires that the client register with the sex offender registry board as a registered sex offender. A felony charge is the most serious as it comes with many secondary penalties including the Sex Offender Registration requirement, if guilty. The strategy in this case was to avoid the guilty conviction with an alternative plea. This alternative plea would prevent a conviction, and in doing so would also avoid the sex offender registry, entirely. While reviewing the evidence the Commonwealth had, we also prepared what would make a persuasive plea before a judge. That included, background data on the family member and developing affidavits of support, then background memorandum and related materials. Also, included in preparation was the hiring of an expert to determine if there was a sexual deviancy that was present and undiagnosed. Fortunately, the evaluation from the evaluator came back very positive and we presented to the court. Today, the court determined that they would not enter a guilty conviction despite being asked by the District Attorney. Also, because of getting an alternative disposition with no conviction, there is no obligation for a sex offender registry. The client will have to perform therapy, no social media and avoid contact with any non-family member under 16.
RESULT: Felony will be Dismissed in 36 Months if Successful Probation.

October 5^th 2023
Larceny from a Building
Client was a pleasant, retired professional who found himself unexpectedly charged with a Felony criminal offense while gambling at a local casino. The case was involved an inattentive and inexperienced gambler and a variety of other factors, which led to him being charged. Client stopped at the casino for a moment to burn some time. While there, he played the slots on a variety of machines. One such machine had slightly over $1,000.00 inside it when he sat down and played. He eventually played a few hands and then went over and cashed out his winnings of slightly more than what was inside the machine already. The casino called him suggested that he stole money which he found particularly and understandably offensive. Apparently, what had occurred was that there was another gambler that was playing at the machine but had stepped away to use the bathroom leaving his winnings inside the machine. Client had no idea that there were winnings already inside. In the end, client came to Attorney wanted this fixed and solved. He wanted it to avoid the cost of personal expense of a trial---and inherent unpredictability of its outcomes and (reasonably so) didn’t want any admission of wrongdoing. Attorney Barabino did that and the case was Dismissed today, upon the payment of the money that they say was taken.
RESULT: Felony Charge of Larceny from a Building is DISMISSED.

September 25, 2023
Trafficking in Cocaine
Possession with Intent to Distribute Cocaine
Client was a single hardworking dad accused of trafficking cocaine. Client had distributed a Class B substance to people for their individual consumption. In turn, it appears that one of those people was a confidential informant which the police used to then begin an investigation into Client. The Police surveilling Client beginning with obtaining a search warrant to place a tracking device on his vehicle. Police obtained from the device the locations Client’s vehicle traveled to. Police then obtained another search warrant and located the hotel room Client had been staying at. Police found enough cocaine for the threshold of Trafficking. Under Massachusetts law, there is a minimum mandatory sentence of 3.5 years in prison for this crime. Over a period of about a year and a half, Attorney Barabino detailed and prepared countless motions to prepare the case for trial, the evidence in search of details and subtleties to develop a defense. In particular, their aim was to have the drugs suppressed from evidence because they were taken in violation of Client’s constitutional rights. Applying the very novel “mosaic theory,” After a year of litigation, Attorney Barabino and the Assistant District Attorney came to an agreement where they would reduce the mandatory minimum and the defendant would admit to distributing cocaine, not trafficking. Thought the sentence was for 9 months committed time with probationary sentence and jail if he violated probation, Client will likely be released at the 4.5 month mark as he is a strong candidate for parole. The sentence condition was for to him to be employed.
RESULT: Minimum Mandatory Reduced for Trafficking.

September 19, 2023
Assault and Battery with a Dangerous Weapon
Client was a pleasant woman accused of Assault and Battery with a Dangerous Weapon, a felony in Massachusetts. It was alleged that while she was arguing with her brother while leaving in a vehicle, she drove forward toward him. The brother called the police and they investigated. The brother made inconsistent statements about whether the car touched him and showed that he was biased against his sister. After obtaining the discovery, Attorney Barabino drafted a background memorandum and a memorandum of law highlighting these deficiencies in the allegations. They were reviewed by a Clerk Magistrate who found after a hearing that there was not probable cause to charge Client.
RESULT: Clerk Magistrate Finds NO probable Cause; Case Dismissed before Arraignment.

September 13, 2023
Assault and Battery on a Family Member
A wonderful hard-working woman was charged with Assault and Battery on her fiancé. This matter began with client calling 911 for police to assist. Oddly, the police came and when they did they interviewed both parties, at the conclusion of the interviews they arrested the 911 caller—the person who called for help. As with any case when the police get called the situation is fluid and they do their best to get the right result based on limited information. Also, many police departments have mandatory arrest policies when there is a call for a domestic violence incident--- which means someone is usually going away in handcuffs. In the end, client and Attorney Barabino and spouse reviewed the options and eventually, Attorney Barabino placed the matter on for trial viability date with the District Attorney’s consent and approval. At the date today, spouse asserted his 5^th Amendment not to testify and as a result, the matter was dismissed in its entirety.
RESULT: Trial Readiness Conference Result in Dismissal

September 5, 2023
Larceny by a Single Scheme Under $1,200.00
Client was charged with larceny by a single scheme over a long period of time. Client was a healthcare provider for over two decades. She had no record. Everyone in her family was also law-abiding. Nevertheless, she was at a vulnerable point in her life and manipulated the price scanner at a store. Although she was caught on only a few dollars this occasion, she had a history of doing this amounting to $398. Client submitted an affidavit expressing remorse. At her Clerk Magistrate’s Hearing, it was a close call, but the clerk agreed not to go forward with the case if she participated in a theft prevention program. Case does not go forward.
RESULT: No Record of Event.

September 1, 2023
Domestic Assault and Battery
Client was a very talented and hard-working union worker charged with Domestic Assault and Battery on a longtime girlfriend. He had prior run-ins with the law from years ago. However, he had not had trouble with the law in many years. Here, police alleged that he was heavily intoxicated. They say he pushed this girlfriend onto the bed. Client hired Attorney Barabino and he immediately began investigating the event. He developed an affidavit from Client’s longtime girlfriend who disavowed Client’s relationship to the crime. She also informed the Victim Witness Advocate that she was not a crime victim and that she had no interest in the case going forward. The District Attorney’s Office evaluated the issues and after successful alcohol screens agreed to pre-trial probation on the condition of continued success a substance abuse evaluation which he passed.
RESULT: No Admission of Wrongdoing or Guilt nor Programming.