Recent Cases

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.

August 15, 2023
Assault and Battery
Assault and Battery with a Dangerous Weapon
A young man was given a summons to appear for the charges of assault and battery and (felony) assault and battery with a dangerous weapon. According to the police report, a group of teenagers beat up the complainant. The police report detailed that a particular client ending the fight by punching and them stomping on the other teenager. The young man who was injured had an eye that was completely swollen shut and he was transported via ambulance. The defendant was identified using video which appeared to be uploaded to social media. The defendant did not have a claim of self-defense. Generally, in these circumstances where you have young teens that have fights is not uncommon for the police to file for a clerk magistrate hearing which is a pre-hearing before being formally charged. Since this is a felony charge, the defendant has no legal right to one, but the police can make exceptions to the felony rule and still choose to not have one based on the seriousness of the offense. Attorney Barabino continued to advocate to possibly avoid an arraignment even if thought it wasn’t likely, but he went to the District Attorney (“DA”) prior to the arraignment date and the DA agreed to postpone the hearing. We asked to make an exception for diversion—and they reviewed but the diversion committee rejected it based on a variety of factors. We continued to postpone the arraignment suggesting an alternative. Eventually, we can up with a plan for judicial diversion, but the DA would have to agree to simply dismiss the felony charge before even being arraigned. They agreed. Client then petitioned the court for the alternative diversion with just the one assault and battery and the court allowed the petition. However, a mere day before the end of the diversion he apparently stole some candy and when confronted, threw a rock or other item to smash the storekeeper’s window. However, we postponed the arraignment date for one future date and then today with the storeowner’s theft not appearing to be charged in any way, we re-requested a pre arraignment dismissal—and got one.
RESULT: Child Given 2^nd Chance at Life for Provable Felony Offense.

August 10, 2023
Negligent Operation of a Motor Vehicle
Assault and Battery
A successful business owner and loving father was charged with negligent operation of a vehicle and assault and battery. Fortunately, based on a variety of circumstances the Defendant was undercharged by police. They could have charged him a variety of more serious criminal offense, but they did not. As a result, the charges that were provided to the District Attorney on his first appearance in court placed him in a more favorable light. According to the police report, adult daughter and father got into an argument in the home. She stated that father grabbed her by the throat and repeatedly banged her head against a thermostat then grabbed her neck and threw her to the floor. He then left the home and attempted to get away from her but because he had her phone she continued trying to access him. He began to drive away with her on the side of the car and according to an independent witness he drove away with her on the car. The witness also stated that he was slamming on the breaks until she was tossed off. Medical support and police arrived the daughter had various injuries consistent with high intensity abrasions. Despite attempts to reconcile with daughter, daughter remained steadfast that she did not want to be in the presence of her father remained a witness to the commonwealth to the end. Nonetheless, based on everything, the judge agreed that a conditional disposition on the assault and battery is acceptable—if he completes various programming. A guilty on misdemeanor negligent driving.
RESULT: Conditional Dismissal if Completes Probation on Assault and Battery

August 8, 2023
Carrying a Firearm
Discharging a Firearm within 500 feet of a Building
Possession of Ammunition
A young hardworking person came to Massachusetts to do some light partying and hang out. According to testimony, he appeared to have come with his firearm that would not be illegal in Maine to possess. After some heavy drinking with his now ex-girlfriend, he became somewhat despondent. A verbal dispute occurred between the group of friends. Unbeknownst to client, the police were on the other side of the building looking for a missing juvenile. They heard a gunshot(s) and then quickly stopped client as he drove away. They smelled the odor of gunpowder when they pulled him over. He admitted to the firearm in his possession and the police cleared a live round from the loaded firearm. They also searched him and found a live round in his pants pocket. Also, the local police called the forensics team of the Mass State Police who took a detailed photographs of the weapon with the live ammunition on the vehicle. They also found a spent shall casing at the scene of the gunshot that was not forensically matched, but matched via appearance, type of brand. With a variety of witnesses who appeared, including three experts hired, there was an agreement that the government did not prove the case of firing within 500 feet of a building and he was acquitted. On the firearm charge he was given the lowest allowed by law. And finally, in the early stages of the case he was provided a reduction of loaded high-capacity firearm.
RESULT: High-Capacity Firearm (Nolle Pros), Not Guilty on Shooting Firearm, Lowest Sentence allowed by law on Illegal Possession of Firearm and Ammunition.