Recent Cases

March 29^th 2023
Carrying a Firearm w/o a License
Armed Career Criminal Level III
Possession of a Large Possession Feeding Device
Client was a young man with some varied prior involvement with the law, in summary he was a convicted felon with a long criminal history. He also had a drug problem and was abusing drugs. His case began when he was found at a state of overdose at a fast-food establishment. Police were called to the scene and the client was taken away in an ambulance for treatment. Police then searched the vehicle that he was driving as he was allowed to do. When they searched the vehicle they found a loaded firearm in a bag that had a large capacity feeding device attached to it. With the discovery of the firearm, they sent out a warrant for his arrest. He turned himself into court and he was sentenced to a year on a probation violation for this event. At that point his family retained Attorney Barabino. Attorney Barabino began with a several visits to the jail to interview client as well as interviewing the family. We took that information and gathering it into affidavits of support and provided that to the District Attorney and planned for his arraignment on the new indictments noted above. The District Attorney was receptive and appreciative of the materials provided and that aided in securing his release on a lower bail and no conditions of release. Once the client was released we had a twofold plan. One was to vigorously defend the charges and at the same time, have client begin a process of rehabilitation that would be so impressive that the District Attorney would be open (and could justify) a reduction of the charges. The charges called for a state prison term and the ACC or Armed Career Criminal indictment was a post-conviction 15-year prison enhancement on any conviction. In the end, the District Attorney(s) who represented the Commonwealth balanced all the factors and an agreement was made for a dismissal of the “ACC” indictment and also, an agreement on a disparate presentation before the judge for sentencing. The judge, eventually agreed with the defendant, in large part for his relentless pursuit and success at rehabilitation.
RESULT: Armed Career Criminal, Dismissed, Possession of Large Capacity Feeding Device, Dismissed, Defense Tender of Disparate Plea, HOC time on Firearm w/Jail Credit.

March 23^rd 2023
Conspiracy
Larceny over $1200
Unlawful Possession of a Theft Detection Device
Unlawful Deactivation or Removal of Theft Detection Device
Client was a young man with no criminal record. According to police, he was in a higher end store with another individual when security from the story concluded that he was stealing high end jackets. Security then contacted the local police who then traveled to the store. When the security tried to apprehend the youth, he ran, but were stopped by police and an arrest was made. They were interviewed in the store security office and asked some questions. It was then that they discovered that the client had a basic, but sophisticated device that was able to deactivate the security tags on the clothing. Client was booked and charged with a variety of felony offenses. Fortunately, client was charged and released on a weekend before the arraignment where he met with Attorney Barabino. It was during this weekend strategy session Attorney Barabino developed a plan to petition the court, pre-arraignment for a judicial diversion. On the day of arraignment, the plan was deemed successful, and he was deferred for consideration of diversion. The importance of that brief diversion cannot be understated since, if successfully admitted to diversion, he never gets arraigned, and the case never shows up in a court document. As the process went, client was successfully admitted to the diversion and completed a required program. The next scheduled court date the case was dismissed, BEFORE it was arraigned, leaving no evidence or any wrongdoing, anywhere.
RESULT: Felony Charge(s) Do Not Issue.

March 16^th 2023
Domestic Assault and Battery
Client was a pleasant hard working Registered Nurse who was charged with Domestic Assault and Battery. The person who made the allegations was her soon to be ex-husband. According to the police, ex-husband called 911 emergency and reported what he said was an assault. Police responded and they did what they normally do which is interview all the people involved on the scene. In this case, the police decided that there was probable cause to arrest our client and did so. Most police departments will not arrest a person for a misdemeanor offense which didn’t occur in their presence—however, many police departments have a mandatory arrest policy for allegations of domestic violence which requires them to do so. In this case she was arrested. Eventually, after arraignment she hired Attorney Barabino and then they began the journey of navigating the criminal justice system. Today, after a couple court dates, a Trial Readiness Conference was called, and the Commonwealth declared they were unable to proceed, and the case was dismissed in its entirety.
RESULT: Charges of Domestic A&B Dismissed at TRC Date.

February 17^th 2023
Possession of “CP”
Distribution of “CP”Client was all around pleasant married adult who was charged with possession and distribution of “CP”. According to the police reports, police had done an extensive investigation of the accused. According to them, he has possessed and distributed impermissible videos and images. The importance of the distribution portion of the allegation cannot be understated. The reason is that it cannot be understated is that distribution (sending) just one image or video is sufficient for the government to be successful in that separate and additional charge. That particular statute also requires that the Defendant be prosecuted in Superior Court, not the District Court. In conclusion, the penalty for that charge is higher. Regardless, we asked the District Attorney for additional time to make a review of the evidence and determine the probability of various defenses and discuss the ability to negotiate a plea deal in the lower court. They agreed and were very patient with us as we took nearly a year and made various reviews of what they had and how they got what they did. The goal was to see if they would dismiss the “distribution” charge and not indict the defendant. The police did a detailed investigation which involved several warrants of phones and computers and internet providers. They also had interviewed client prior to client retaining Attorney Barabino. In the end, a deal was struck as hoped for in the lower court which resulted in the dismissal of the distribution charge. The plea in the lower court resulted in now jail time and a probationary period of three years, with additional conditions.
RESULT: CP Distribution with NO Jail.

January 26^th 2023
Violation of Probation
Larceny over $1200
Client was a seasoned and experienced licensed electrician and great father. He was accused by a homeowner of accepting payment for a job and not completing the job. Although client has done some work and the homeowner had some legitimate grievances, that homeowner choose to report client to the police alleging that he was a victim of the Larceny over $1200. This charge is a felony in Massachusetts. This was problematic since the client was already on probation at the time, for theft related charges, in another court. Attorney Barabino had to fix each case in a separately. Strategically speaking, attacking the probation case made the most sense since it would be difficult find any favorable resolution of the larceny case with an open probation violation for a similar charge. On the probation matter, the probation department asked for a guilty conviction to enter on client’s record. We declined that offer and sought a full hearing. At the hearing, Attorney Barabino submitted a lengthy memorandum of law, complete with a background memorandum and supporting documentation. Also, he elicited testimony from his client and at the conclusion of the hearing the judge kept the probation same terms and same end date, no change with a verbal admonishment and nothing more. After that success, eventually we were able to negotiate with the second court that a reasonable disposition which was to simply pay back the person who says they are owed money and dismiss the felony charge which they agreed to do if the client pays within 60 days. In the end, the client’s success on his underlying probation case made the 2nd case resolve with ease.
RESULT: No Convictions or Punishment or Probation.

January 25^th 2023
Domestic Assault and Battery
Clerk Magistrate Hearing
Client was charged with Domestic Assault and Battery. She was reputable and responsible person with no criminal record. In this matter, she was alleged to have drunk too much alcohol and got into a very brief altercation with her adult daughter with an accusation of a punch in the face. The police were called did a full investigation and properly investigated the incident. Fortunately, they didn’t arrest client and the police filed for a clerk magistrate hearing. This was an opportunity to address the charges BEFORE they are issued. We were confident that we would have likely success, since the client was a mom, and the alleged complainant was an adult child and there was little other evidence. However, we knew that success would be most predictable with preparation. As a result, Attorney Barabino drafted a two-page background memorandum of the client and her life, additionally, several affidavits of family members and finally a legal memorandum on “consent” to aid the factfinders. In the end, the result was a factfinder who was confident that this would not reoccur and should not issue—and it was not.
RESULT: Charges of Domestic Assault and Battery DO NOT ISSUE.

January 18, 2023
Assault and Battery w/Dangerous Weapon
Assault and Battery
Young Teenager was charged with Assault and Battery (misdemeanor) and Assault with a Dangerous Weapon. (Felony). According to the Police report, they were called to the scene of a prior altercation and found a young teenager who reluctantly cooperated with the police inquiry as to why his left eye was swollen shut. The young man explained to police that 5/6 kids began hitting him and throwing him to the ground and said one had a knife. The young man relayed what occurred from the day before where there was another police report and within that report there was a statement from a witness that a small handgun was present with the young men. In developing the information from the young man who is the named victim & witnesses, the client was one of several boys who punched the victim in the face and stomped on him when he was on the ground. Also, there was video of the incident where an identification of the client was made. The police then filed the criminal complaint against the client and since it was a felony charge he did not get a clerk magistrate hearing. Attorney Barabino began by going to the court in person and meeting with the District Attorney, as well as gathering the police reports(s). From there, meetings and consultations with the client and his extended and supportive family. He developed affidavits and background information. On the day of arraignment, the co-defendant(s) were formally charged—but Attorney Barabino’s client was not and considered for juvenile diversion. After many weeks, the diversion committee rejected the District Attorneys request for Diversion. Then Attorney Barabino filed for what is called Judicial Diversion on for partial charges he would be arraigned on (with a suggestion) that (maybe) there would be a future reduction of the felony charge. His suggestion was fruitful and successful. After yet another date, there was the day of arraignment and there was an agreement for a 6-month continuance to delay the arraignment with the expectation that if he remains in no-contact the charges will be dismissed, pre-arraignment, meaning client is never formally charged. RESULT: No Charging of Felony or Misdemeanor, No Record of Criminal Accusation(s). Co-Defendant Charged, Client is not.

January 11, 2023
Operating Unregistered Motor Vehicle
Operating Uninsured Motor Vehicle
Client was a talented working professional who was cited by police for driving a car that was unregistered and uninsured due to a good faith mistake on his part. Before the charges would go forward, he was given a Clerk Magistrate’s hearing which he retained Attorney Barabino to help him prepare for. Given his experience, Attorney Barabino knew that these cases tend to resolve favorably for clients when there is no accident and a legitimate reason for the mistake. Attorney Barabino prepared for the hearing with an affidavit and exhibit and was successful. The charges did not issue and client would have nothing on his record. When a case is dismissed after a person is arraigned that dismissal remains on their record, but when a case does not go forward at the Clerk Magistrate’s level, nothing stays on their record.
RESULT: No Criminal Charges issue after Successful Clerk Magistrate’s Hearing.