Recent Cases

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.

August 2, 2023
Assault and Battery with a Dangerous Weapon
Assault and Battery (Domestic)
Client was a positive and pleasant loving son and husband who was charged with assault and battery with a dangerous weapon and assault and battery. Police were called to the home, and they quickly determined that there was some sort of domestic incident that occurred. They began interviewing everyone in the home. Clients’ wife made a version of events were violent, aggressive, and criminal. Client explained his version as well---however, in the end the police decided to arrest not the wife, but husband. Husband did make statements that were helpful to his defense and some statements that could be considered unhelpful as well. Nonetheless, he was arrested and charged with the above offenses. We quickly interviewed all involved and developed a strategy for a successful trial. Moreover, that strategy included advocating to district attorney that this is a case that is deserving of a trial viability date (TVD). A trial viability date is basically like a test run of a probable trial without having a trial. They agreed to the date and at that date the wife did not appear, and the case was dismissed.
RESULT: Domestic Dismissed at TRC

July 22, 2023
SORB Registration Level
A hardworking medical professional had plead out to indecent assault & battery offenses with another lawyer, years ago. Besides admitting to the offenses, he was also placed on a registry for people charged with sex offenses in Massachusetts, called the Sex Offender Registry Board, (“SORB”). The SORB placed a level on him, and he wanted to have it reduced, so he retained Attorney Barabino. As a result, they began to develop a petition to submit to the SORB materials which would justify a reduction. The client had many helpful items to submit and was overdue for a reduction. Moreover, he had been fully law abiding in his conduct, remains employed and was in a supportive home environment, all which aided in making a powerful petition pursuant to SORB rules and regulations. The information gathered was put into affidavit format and as well as supportive memoranda. Once complete, it was sent to the SORB for review. Today, they issued a decision that they were reducing his level to a LEVEL I.
RESULT: Sex Offender Reduction Level, ALLOWED.

July 12, 2023
Possession of Class “B” Cocaine
Hard working father and husband was out at a gambling establishment with some others. After a few drinks he went to the bathroom at the same time as a friend. One of the many officers found the behavior suspicious the officer went to the bathroom and saw one person hand a small bag of crack cocaine to another person who was Attorney Barabino’s client. Both client and his friend were summoned to court—a clerk magistrate hearing was had to determine if there was probable cause for the charges. Also, client had a no-trespass order from the same gambling organization, so he was also charged with trespassing. Client and his friend were both hard working educated professionals and hoping the charges would not issues since they would affect their employment and job prospects. Attorney Barabino drafted up affidavits of the client, his background and history and the facts of the case. Also, an affidavit of the spouse, an apology letter to the casino owner, an acknowledgment of no-trespass moving forward, a lack of probable cause memorandum and finally a hair follicle test which demonstrated that my client had had no drugs in his system for 90 days. In the end, law enforcement and the court reviewed everything as a whole and decided that this is a case that does not need to move forward and will not move forward.
RESULT: No Arraignment for Cocaine Possession.

July 7, 2023
Termination from SORB Registration
Client was a super productive hard-working carpenter who was charged with sex related offense when he was a juvenile. Attorney Barabino did not represent him in that matter for which he plead guilty too. As a result of this prior underlying guilty plea, he had been ordered to register with the sex offender registry otherwise known as, (“SORB”). Client came to Attorney Barabino seeking to be removed from the SORB registration and as a result they went to work to prepare the pleadings. Client had an outstanding work history and relatively no other criminal history. Attorney Barabino began by preparing a motion and memorandum of law. In addition to the motion and memorandum, a large trove of supporting affidavits supported the petition. Once complete, it was sent to the SORB, and they reviewed it. Eventually they made an administrative decision that he no longer is required to register. Motion Allowed.
RESULT: Termination from SORB Registration, ALLOWED

June 30, 2023
Leaving the Scene of Property Damage
Clerk Magistrate Hearing.
A kind and pleasant husband and wife reached out to Attorney Barabino after police had called them. The police alleged that the husband had stuck another vehicle and left---which was accurate. Although husband thought it was possible he simply didn’t see the property damage he caused and left the area. He quickly admitted to police that he was in the wrong and should had been more diligent. They sent him a summons. We had client return the summons to the court within the 4-day limit since then he would be entitled to a clerk magistrate hearing. As a result, they were given a future date for a hearing. Today, husband and wife went to court with Attorney Barabino, with background affidavit in hand as well as insurance certification that the damage had been paid and as the clerk decided that the complaint will not issue. No criminal charges.
RESULT: NO Probable Cause Found.

June 27^th 2023
Destruction of Property over $1200 (Wanton)
Failure to Stop for Police
Improper Operation of MV
Speeding
A hardworking young man was dealing with a lot of stress in his life and made a bad decision. While traveling in a bike lane he was seen by police and police attempted to pull him over. Client fled the scene in what was simply a combination of stress and bad youthful judgment. When he fled the scene he eventually crashed causing several thousands of dollars of damage to a homeowner. Eventually the police caught him, and he was given an arraignment date. However, since the individual qualified for judicial diversion Attorney Barabino began a detailed submission in hopes of avoiding an arraignment, which would prevent this from appearing on his record. Fortunately, the District Attorney reviewed the petition and suggested the alternative of Diversion under their office control which was ideal. However, he was charged with additional felonies for another event which was a violation of his diversion and he sadly had to be arraigned. Yet after several court dates we were able to secure a pre-trial disposition where he admits no wrongdoing and attends two drivers classes.
RESULT: Case stays open for 180 Days with no record of wrongdoing—two driving classes.

June 23, 2023
Negligent Operation of a Motor Vehicle
Clerk Magistrate Hearing
A CDL driver crashed into a business while driving. The police were polite and respectful as was the client. They quickly responded to the accident scene and drove him home. However, he was given a citation for negligent operation of a motor vehicle. The client sent the ticket within 4 days to the court as Attorney Barabino instructed and was given a date for a future hearing. In preparation for the hearing, client and Attorney Barabino developed an affidavit of the incident and supporting documentation. At the hearing, the Clerk Magistrate agreed that it will not go to arraignment and clients record, and CDL license remain fully intact.
RESULT: Complaint Does NOT Issue Against CDL Driver.